BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JULY 13, 1999

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m. on Tuesday, July 13, 1999, 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 Dick Van Der Weide (District 3)(Late)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Dr. Guy Walden, Pastor of Sanlando Springs First Baptist Church, gave the Invocation.

Commissioner Morris led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

Mayor Robert Breaux, City of Maitland, addressed the Board to present the Board with a plaque of appreciation for being a partner in the U.S. 17-92 Gateway Entrance project.

Commissioner Morris accepted the plaque on behalf of the Commission and thanked the Mayor and the City for their perseverance on this project.

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The Chairman presented Acting Human Resources Director, Cindy Coto, with the National Association of Counties Achievement Awards for the Broadbanding Program and the Awards and Recognition Program.

Ms. Coto expressed her appreciation to the Board for their vision on both these programs.

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Commissioner Van Der Weide entered the meeting at this time.

Director of Planning & Development, Frances Chandler, addressed the Board to advise of the results of the Community Rating System of the National Flood Insurance Program, stating this will mean reduced premiums for flood insurance for unincorporated Seminole County.

The Board commended staff who participated in the program.

COUNTY ATTORNEY’S CONSENT AGENDA

Commissioner Maloy requested Items #7, and #10 be pulled for a separate vote.

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

Litigation

1. Authorization to defend with regard to George E. Griffin and Evelyn D. Griffin v. Board of Trustees of the Internal Improvement Trust Fund, State of Florida Department of Environmental Protection, The Guarantee Title and Trust Company and Seminole County, Florida. The Plaintiffs seek a declaratory judgment determining title to certain lands, which are claimed by the State of Florida as sovereign lands by virtue of the land lying below the high water mark. The Plaintiffs have also claimed title to the lands in dispute and have paid taxes to Seminole County on said property. In the event the Court determines the property to be vested in the State of Florida, the Plaintiffs are seeking a tax refund from the County.

2. Approve proposed settlement relating to Parcel Numbers 1701A/1701B, located west of County Road 427, 375 feet southwest of Charlotte Street, of the County Road 427, Phase I, road improvement project in the amount of $3,500.00, inclusive of attorney’s fees and costs, Raponi Property. Property to be used for temporary construction easements.

3. Authorization to appeal to the Fifth District Court of Appeals with regard to Seminole County v. Wendell E. Spears, et al, an unfavorable ruling of the computation of statutory attorney’s fees relating to Parcel Numbers l38/738 and 142.

4. Approve proposed settlement relating to Parcel Numbers 130, 132, 133 and 134 located on the west side of County Road 427, 1/2 mile northeast of the U.S. Highway 17-92 intersection of the County Road 427 road improvement project, Riebel Property, in the amount of $75,000.00, inclusive of land, severance damage, attorney’s fees and reimbursable costs.

5. Approve proposed settlement relating to Parcel Numbers 135/735, located at 101 Quail Ridge Court, Sanford, Charles J. and June R. Abraira Property, for County Road 46A, Phase II, road improvement project in the amount of $40,687.00, inclusive of attorneys’ fees and certain costs; and authorization to offer $2,000.00 to settle engineer’s costs.

6. Approve proposed settlement relating to Parcel Numbers 133/733, located at 105 Quail Ridge Court, Sanford, Barry P. and Kathy R. Dorn Property, for County Road 46A, Phase II, road improvement project in the amount of $36,814.00, inclusive of attorneys’ fees and costs; and authorization to offer $2,000.00 to settle engineer’s costs.

Property Acquisition

8. Authorize an initial offer to purchase Parcel Number 806 located on the west side of Lake Sten, Larry W. Nelson, as Trustee, Property, for Grant Line Road project in the amount of $70,000.00 in lieu of a judgment in eminent domain.

9. Approve and execute a Multi-Party Agreement, as shown on page ________, relating to Parcel Number 141, located on the northwest corner of County Road 46-A and International Parkway, of the Grant Line Road project, Town Center Commercial Development Associates Property, facilitating a donation of land to the County.

Other

11. Approve and authorize Chairman to execute Second Amendment, as shown on page _______, to the American Liberties Institute/Seminole County Legal Service Agreement which designates Frederick H. Nelson, P.A. as payee under the Agreement and is requested by the American Liberties Institute to clarify income received for tax purposes.

12. Approve and authorize Chairman to execute Joint Utilization Agreement, as shown on page _______, with the Parc Du Lac Development, Ltd. property, over County owned property in exchange for donation of .383 acres of right-of-way needed for improvements to East Lake Drive Road Improvement project.

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

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Discussion ensued with regard to Item #7, Request to defend with regard to Weat Land Partners II v. Seminole County, City of Orlando and International Executive Homes.

Commissioner Maloy stated the Econ River Place Road has been used as access into the industrial park. He said this is an issue that has a big impact. The County has issued development orders on this road and has now discovered it’s a private road.

County Attorney, Robert McMillan, advised no one has dedicated the road to the County.

Commissioner Van Der Weide stated he believes the Board could accept the road if all the legal issues are solved.

Commissioner Morris suggested District Commissioner Maloy work with staff and the parties involved to resolve this issue.

Chairman Henley summarized the discussion, that it is the intent of the Board to approve the action requested and to instruct staff to work toward County ownership of the road.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the County Attorney to defend with regard to Weat Land Partners II v. Seminole County, City of Orlando and International Executive Homes, Inc; and to direct staff to work toward County ownership of the road.

Under discussion, Mr. McMillan advised he will report back to the Board on this matter.

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

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve Agreement, as shown on page ________, as revised, with Brantley & Associates, Inc., for Lobbyist/State Government Liaison Services.

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

COUNTY ATTORNEY’S REGULAR AGENDA

Assistant County Attorney, Lonnie Groot, presented for action proposed Settlement Agreement with regard to Fred Edwards v. Seminole County and Department of Community Affairs; Colonial Grand Properties, Inc. He advised if the Board approves the agreement, the Comp Plan challenge will be dismissed. Copy of legal description of property to be conveyed was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve Settlement Agreement, as shown on page _______, with regard to Fred Edwards v. Seminole County and Department of Community Affairs; Colonial Grand Properties, Inc.

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

COUNTY MANAGER’S BRIEFING

CENTRAL FLORIDA ZOOLOGICAL PARK

Ed Posey, Executive Director of the Central Florida Zoological Park, addressed the Board to make a formal request for support of the Zoo’s capital expansion and redevelopment project. He gave a slide presentation (copies of slides were received & filed) depicting the history of the Zoo, mission statement, current animal collection, pubic opinion survey, educational programs, expansion and redevelopment preparation, and the construction plan. He explained the construction will be done in three phases. Phase One will include the following: roadway & parking improvements (50%); entry & administrative facilities; educational facilities (80%); heart of the zoo; wetlands & swamp forest exhibits biome (75%); and service & support facilities (healthcare). Phases Two & Three consist of the following: roadway & parking improvements (50%), education facilities (20%); principal food service; forest exhibits; open woodlands & grasslands exhibits; wetlands & swamp forest exhibits (25%); wild Florida exhibits; and service & support facilities. He advised the new name, "Zoo Orlando at Sanford" has been chosen.

Mr. Posey advised the cost of all three phases is $35,681,181, with an additional $2.5 million required to establish an operating endowment, for a total cost of $38,181,181. The cost for Phase One is $11,500,000.66 - $10,500,000.66 in redevelopment costs and $1,000,000 operating endowment. He said the Zoo is asking Seminole County to commit support in the amount of $3 million over a five-year period, in increments of $600,000 a year. He advised that yesterday the Wayne Densch Company committed $1 million toward the first phase. An Activity Description graph was received and filed.

Upon inquiry by Commissioner Morris, Mr. Posey advised the remaining $11.5 million for the first phase would come from the private sector and Federal and State grants. He also confirmed that they will be asking the surrounding five county school boards for financial support.

Commissioner Van Der Weide stated his understanding is that the Seminole County School Board removed any funding for the Zoo from their budget. Whereupon, Mr. Posey stated as of the last work session with the School Board, staff was directed to move forward with a meeting on the Zoo’s request.

Alice Weinberg, representing the Zoo, addressed the Board to advise they have spoken to several of the School Board members and they will be making a presentation to them on July 20.

Commissioner McLain stated he supports the Zoo as it is a regional facility that has unlimited potential; and it is unmatched in the area when it comes to education for school children. He suggested this might be something to put on the Legislative agenda in order to acquire grants.

Upon inquiry by Commissioner Morris, County Manager, Kevin Grace, advised staff has not done a detailed analysis of how to fund this request. He further advised that they are in the middle of trying to find $1.5 million in budget cuts; and there are still some unresolved issues such as the jail expansion, courthouse, and stormwater funding.

Commissioner Maloy questioned the status of the Sanford stadium now that the Governor has cut funding of the expansion.

Commissioner Van Der Weide suggested whatever the Board approves, that it be tied to the support of the School Board.

Chairman Henley stated he would like to be a little bit more into the budget process before a commitment is made. He said the Board has a lot on their plate with regard to the budget and believes they need to spend some time talking about priorities.

Commissioner McLain stated he sees the Zoo and the development of it as an asset for the youth of the community and believes it is a high priority. He further stated he supports the Board making a commitment to the Zoo. He added that the Board committed to $45 to $50 million for a new courthouse and yet they say they cannot afford to give the Zoo $3 million over five years.

Chairman Henley pointed out the decision has not been made to not support the Zoo.

Commissioner Morris stated he supports the expansion of the Zoo. He said it would be his sincere hope that the Board review the request and fund it. He added that there could be some creative ways to do this.

Mr. Grace advised staff hopes to come to the Board at the next meeting with an analysis of the amount of money they have been able to free-up in the proposed budget, and this request can be considered as a potential use of the money.

Commissioner Maloy stated he would like to work with the Zoo in a creative way, such as assisting with the entrance work and other in-kind contributions.

The Chairman stated the consensus of the Board is to direct staff to make an analysis, identifying the various sources of revenue that could be used and to come back with a proposal.

COUNTY MANAGER’S CONSENT AGENDA

The Consent Agenda was presented for action.

Commissioner McLain requested that Item #1, request to negotiate for space at the American Heritage Center for the Tourist Development and Economic Development offices, be pulled for a separate vote.

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

Administrative Services

Support Services

    1. Approve and authorize Chairman to execute the Tenant Estoppel Certificate, as shown on page _______, for Oak Groves Shoppes, Altamonte Springs.
    2. Environmental Services

      Administration

    3. Approve and authorize Chairman to execute Amendment to Exhibit "G" Water Service Agreement, as shown on page ________, for Las Bocas Development.

Water & Sewer

4. Approve and authorize Chairman to execute Exhibit "G" to the Conditional Utility Agreement, as shown on page ________, for water services for Lake Markham Oaks a/k/a Lake Markham Property.

Fiscal Services

Budget

    1. BCR #99/87 - $700,000 – Public Works/Engineering: Fund 11500 – Infrastructure Tax Fund. Accounting adjustment to move funding from a road construction account line to a land acquisition account line for the Grantline Road/CR 46A road project.

Purchasing

Formal Contracts

6. Approve and authorize the Chairman to execute Change Order #18, as shown on page ________, to FC-348-96/BJC for the Sheriff’s Office and Public Safety Building, with DiPrima Construction Company, Satellite Beach ($2,860.00).

Professional Services

7. Approve Amendment #2, as shown on page _______, to PS-505-97/BJC – Consultant Design Services Agreement for Seminole Wekiva Trail, Sections 2 and 3 with Regional Engineers, Planners and Surveyors, Inc., Orlando ($16,890.78).

Request for Proposals

8. Approve Amendment #6, as shown on page ________, to RFP-413-97/BJC – Custodial Services Agreement with A1A Cleaning Services, Inc., Longwood ($7,611.00).

Sole Source

    1. Authorize Sole Source Procurement and authorize Purchasing to issue a Purchase Order to Water Treatment & Controls Co., Leesburg, Florida ($31,420.66).

Planning & Development

Comprehensive Planning

10. Approve and authorize Chairman to sign and submit the County’s 1999-2000 Consolidated Plan, as shown on page ________, to the U.S. Department of Housing and Urban Development (HUD) via the Volusia/Seminole HOME Consortium.

Public Works

Engineering

    1. Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page _______, with the City of Casselberry to provide for landscaping on that segment of Winter Park Drive beginning at Wilshire Boulevard and terminating at Triplet Lake Drive.

12. Adopt appropriate Resolution #99-R-91, as shown on page _______, accepting Warranty Deed, as shown on page ________, by Robert C. Hunn and Tammy S. Hunn to Seminole County, property necessary for roadway improvements to Old Geneva Road.

13. Approve and authorize Chairman to execute a Purchase Agreement, as shown on page ________, for property necessary for construction and maintenance of a sidewalk along Bear Lake Road (Doris Bunnell and John Roger Bunnell, her son - $2,014.00).

Stormwater

14. Approve and authorize Chairman to execute Agreement and Work Order No. 1, as shown on page ________, between Seminole County and the University of South Florida for work on the Seminole County Watershed Atlas Project.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize staff to enter into negotiations with Columbine Management Group for space at the American Heritage Center, Longwood, to accommodate Tourist Development and Economic Development Offices.

Districts 1, 2, 3 and 4 voted AYE.

Commissioner McLain voted NAY.

COUNTY MANAGER’S REGULAR AGENDA

PLANNING & DEVELOPMENT/BUILDING

The staff withdrew request to rename a private platted street recorded as Oak Knoll Point in Summer Oaks Subdivision to Dr. M.L. King Jr. Point.

PLANNING & DEVELOPMENT/COMPREHENSIVE PLANNING

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to request approval of the Interlocal Agreement with East Central Florida Regional Planning Council (ECFRPC) for the Wekiva River Watershed Study.

Commissioner Maloy questioned what the scope of services will be.

Commissioner Morris stated Chairman Henley has agreed to serve on the selection committee to hire an outside consultant. He said the scope of services is designed by the ECFRPC itself.

Ms. Rotella advised Phase I will include a complete data collection on the tri-county area and an attempt will be made to compile all that data into one source.

Commissioner Morris stated it is important for the County to give the money for the study to the ECFRPC; and that they do the study independently.

Chairman Henley stated the whole issue is creditability and that is one of the reasons for the ECFRPC heading up the study. He added that staff should not try to influence the results of the study. This is a sincere effort to do an unbiased study of the river.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute Interlocal Agreement, as shown on page _______, with the East Central Florida Regional Planning Council for the Completion of the Wekiva River Watershed Study.

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

PUBLIC WORKS/ENGINEERING

Motion by Commissioner Morris, seconded by Commissioner McLain to approve expenditure of $192,500 of the Winter Springs portion of the 1 Cent Sales Tax for the enhancements of the intersection of Tuskawilla Road and Winter Springs Boulevard.

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

FISCAL SERVICES

Budget Amendment Request in the amount of $720,000, Sheriff’s Office, was withdrawn from the agenda.

CONSTITUTIONAL OFFICERS’ REPORTS

CLERK’S REPORT

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

    1. Expenditure Approval Lists, as shown on page _______, dated June 15, 22, and 29, 1999; and Payroll Approval Lists, as shown on page ________, dated June 24 and July 8, 1999.
    2. Chairman to execute the following Satisfaction of Judgment for Public Defender Liens:
    3. Gary A. Antilley, #98000069CFA - $100

      Ilonne Arouh, #98003418CFA - $100

      Barton Andrew Baker, #98002409CFA - $100

      Dino K. Balani, #98004424CFA - $100

      Heidi J. Balter, #99000855MM - $200

      Charles N. Blair, #91011501MM - $50

      Charles N. Blair, #92012422MM - $100

      Charles Neal Blair, #96011509MM - $200

      Robert L. Bridger, #99002824MM - $100

      Ricky Brielmayer, #99000315CFA - $200

      Stuart Brown, #99000330MM - $200

      Elieser Castillo, #98001097CJA - $120

      Esteban S. Cisneros, #99001850MM - $200

      Javier Colon, #99002230MM - $100

      Jason R. Compton, #98009965MM - $200

      John O’Niel Daugherty, #98003677CFA - $100

      Marvin L. Deleveaux, #98001970CFA - $200

      Gary Michael Downs, #96003672CFA - $350

      Connie Fitzpatrick, #98002532CJA - $50

      Gloria AG Flores, #98002737CJA - $140

      Fred Gardner, #98003108CJA - $100

      Shiloh Thomas Gillum, #98012268MM - $200

      Michael Lee Graham, #98002146MM - $25

      Janet Hall, #98000657CFA - $100

      Kyle Lafayette Hisam, #98005946MM - $200

      Randy J. Howell, #98008633MM - $100

      Sally Jane Jackson, #88003383CFB - $350

      Richard L. Jarvis, Jr., #98001868CFA - $100

      David Kalinowski, #98005696MM - $200

      Luis Arturo Ledesma, #91011991MM - $100

      Charlese Elvis Luce, #97002953CFA - $350

      Carolyne Moore, #98002960CJA - $50

      Steven Douglas Morris, #98003318CFA - $100

      Christopher B. Norris, #95002195CFB - $350

      Raul E. Ortiz, #99001041MM - $200

      Kevin K. Patterson, #98011658MM - $200

      Bonice Penn, #98002855CJA - $100

      Leslie Ray Pentz, #99000651MM - $200

      Michael Wade Phillips, #98002629CFA - $200

      Paige Vose Porche-Patterson, #98003947CFA - $100

      Dana Louise Presley, #95010739MM - $200

      Jorge L. Ruiz, #97011641MM - $200

      Rene Gines Santiago, #98012773MM - $200

      Cari Leigh Schopp, #97004463CFA - $200

      Bryan S. Seligman, #99001852MM - $200

      Bryan S. Seligman, #99003580MM - $200

      Mariam Shami, #89007775MM - $75

      Carnell L. Smith, #98009814MM - $200

      Lefiria Smith, #98001180CJA - $75

      Samuel James Snead, #95002851CFB - $200

      Ray C. Sweat, #94003606CFB - $200

      James Andrew Tenefrancia, #98004713CFA - $100

      Marc R. Urbaincyzk, #98002234CFA - $100

      John Morris Vanclake, #96000050CFA - $2,254.75

      Victoria Veit, #96002687CFA - $550

      Chad M. Weaver, #96003827CFA - $350

      Leslie White, #96009791MM - $200

      Earl Bobby Williams, #97002216MM - $100

      Tyman N. Williams, #98008907MM - $50

      Carl Wissig, #98000795CFA - $200

    4. Chairman to execute the following Satisfactions of Judgment for Court Costs & Public Defender Application Fees:
    5. Sydney Rannea Smith, #99001999MMA - $40 Public Defender Application Fee

      Donald Misuraca, #96003371CFA - $105 Court Costs

      Jason Ryan Brady, #98011145MMA - $40 Public Defender Application Fee

      Leslie Ray Pentz, #99000651MMA - $40 Public Defender Application Fee

      William Plaza, #98004457CFA - $40 Public Defender Application Fee

      Steven Arnold Lindquist, #99000534MMA - $40 Public Defender Application Fee

      Terry Kamhi, #97003559CFA - $253 Court Costs and $28.32 Interest

      Terry Kamhi, #97004158CFA - $253 Court Costs and $28.26 Interest

      Terry Kamhi, #98000944CFA - $253 Court Costs and $28.26 Interest

      Terry Kamhi, #98000945CFA - $253 Court Costs and $28.26 Interest

      Terry Kamhi, #98000947CFA - $253 Court Costs and $28.26 Interest

    6. Approval of Official Minutes dated May 28 and June 8, 1999.

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

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

1. Maintenance Bond, as shown on page ________, for water and sewer facilities for Summer Club Apartments in the amount of $30,343.

2. Work Order #2, as shown on page ________, to PS-532-98/BJC with Tinklepaugh Surveying Services, Inc., and Work Order #3, as shown on page _________, with Southeastern Surveying and Mapping Corporation.

3. Work Order #2, as shown on page _______, to PS-516-98, Post, Buckley, Schuh & Jernigan, Inc.

4. Work Order #2, as shown on page ________, to RFP-419, Deloitte & Touche LLP.

5. Work Order #14, as shown on page ________, to PS-518-98/BJC, Professional Engineering Consultants, Inc., and Work Order #15, as shown on page ________, with Civil Design Group.

6. Work Order #1, as shown on page ________, to PS-534-98/BJC, Conklin, Porter and Holmes Engineers, Inc.

7. Change Order #1, as shown on page ________, to FC-160 with Superior Asphalt of Central Florida, Inc.

8. Third Amendment to Work Order #6, as shown on page ________, to PS-518-98/BJC with Inwood Consulting Engineers, Inc.

9. First Amendment to Work Order #7, as shown on page _______, to PS-519-98/BJC with Archistructure, Inc.

10. First Amendment to Work Order #1, as shown on page ________, to PS-515-98 with Dyer, Riddle, Mills & Precourt.

11. Work Order #36, as shown on page _________, to PS-364 with L. J. Nodarse & Associates, Inc.

12. Work Order #4, as shown on page _________, to RFP-431 with Shutts & Bowen LLP.

13. Work Order #1, as shown on page ________, to PS-532-98/BJC with Southeastern Surveying and Mapping Corporation.

14. Work Order #38, as shown on page _________, to RFP-407 with Clayton, Roper & Marshall, Inc.

15. Seminole County Conference/Convention Center Consultant Agreement, as shown on page __________, M-96-99/BJC.

16. Cost Share Agreement, as shown on page _________, with the St. Johns River Water Management District, approved by the Board on November 24, 1998.

17. Certificates of Title, as shown on page _________, for Reserve at Heathrow and Magnolia Plantation.

18. Memorandum to Clerk Maryanne Morse from Kenneth M. Roberts, Director of Public Safety, regarding EMS Billing and Collections Audit, as shown on page _________.

19. Construction Engineering and Inspection Services Agreement, as shown on page _________, for Project Tuskawilla Road, Phase III and IV, PS-526-98/BJC, approved by the Board on November 24, 1998.

20. General Release, as shown on page ________, regarding Koberlein v. Prairie Construction, Inc., and Seminole County, Case No. 99-0055-SP-19-R.

    1. Letter to the Records Custodian from Kurt Garber requesting records regarding Markham Woods Road/Douglas Avenue/SR 434 Intersection widening and realignment.

22. Response Letter to Kurt Garber from Assistant County Attorney Henry Brown regarding Markham Woods Road/Douglas Avenue/SR 434 Intersection widening and realignment.

23. Replacement Certificate of Insurance, as shown on page __________, for Time Warner effective June 1, 1999 through June 1, 2001.

24. Notices from the Florida Public Service Commission advising of public hearings to be held for Docket No. 990149-TP, petition by Mediaone Florida Telecommunications, Inc.; and for Docket No. 961309-TI, application by Vendormatic, Inc. d/b/a HSS Vending Distributors.

25. Amendment to Legal Services Agreement, as shown on page ________, M-63-98, with Akerman, Senterfitt & Eidson, P.A.

26. Copy of letter to Cindy Matheny, Senior Planner, from Don Fisher, Bowyer-Singleton, forwarding Development Order #99-529 for the Colonial Perimeter Center Rezone.

27. Development Order, as shown on page ________, for amateur radio tower for Steve Matievich.

28. Copy of memorandum (and corrected memorandum) to the Purchasing Manager from Lisa Spillman, Buyer, regarding approval of Amendment #1 of A/B-351/LJS, Safety Shoes.

29. Copy of memorandum to the Board from Deputy County Attorney Lonnie Groot regarding the Economic Impact Statement for Ordinance Prohibiting Co-Mingling of Alcohol and Nudity.

30. Copy of memorandum from Lonnie Groot and Robert Gebaide, County Attorney Office, regarding the Land Development Code.

31. Memoranda to Sandra McCann, Clerk’s Office, from Tom Radzai, Stormwater Division, submitting Drainage Easements, as shown on page ________, by Grantors, Robert D. Crawford and Fred C. and Donna J. Cook, to Seminole County.

    1. Environmental Assessment Services Agreement, as shown on page ________, M-97-99/BJC, with Environmental Management Systems, Inc.

33. Appraisal Services Agreement, as shown on page _________, M-98-99/BJC, with Clayton, Roper and Marshall.

    1. Drainage Study Agreement, as shown on page ________, M-99-99/BJC, with GAI Consultants, Inc.
    2. Land Development Code dated November, 1998.
    3. Bids #B/D-231/JVP; D/B-603-99/BJC; and RFP-466-99/BJC, as shown on page _________.
    4. Water and Sewer Maintenance Bond, as shown on page ________, for Lakehurst, Phase I, in the amount of $19,340.10.
    5. Private Road Maintenance Bond, as shown on page ________, for Cherry Ridge, Phase II, in the amount of $13,492; and Water and Sewer Maintenance Bond in the amount of $19,711.10.
    6. Maintenance Agreement and Letter of Credit Number ATL/P600734, as shown on page ________, for Huntington Pointe, Phase 4C, in the amount of $13,923.33.

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

SHERIFF’S REPORT

Penny Fleming, representing the Sheriff’s Office, addressed the Board to request approval of grant application for the Universal Hiring Program.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve and authorize the Chairman to execute Grant Application and associated Grant documents, as shown on page _________, for the U.S. Department of Justice, Universal Hiring Program; and to authorize processing all associated grant documents.

Under discussion, Chairman Henley pointed out that this is a three-year program and after the third year, if the officers are retained, they will have to be picked up in the budget. Districts 1, 2, 3, 4 and 5 voted AYE.

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The Board, thereupon, recessed at 11:25 a.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioners Morris and McLain 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.

PROOFS OF PUBLICATION

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

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain entered the meeting at this time.

Chairman Henley acknowledged Commissioner Morris was back from vacation and is celebrating his birthday today.

Mary Mantzaris, Aide to the County Manager, presented Commissioner Morris with a birthday card, and the Board sang Happy Birthday to him.

Commissioner Morris expressed his thanks to Mrs. Mantzaris and the Board.

PUBLIC HEARINGS

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a public road right-of-way for a portion of Elder Road, lying south of Orange Boulevard and southwesterly and north of the limited access right-of-way for State Road 400 (I-4); Attorney Stephen Coover, representative for Featherlite, Inc., received and filed.

Cynthia Sweet, Planner, addressed the Board to present the request. She advised the applicant is requesting the vacate to obtain additional open space for office showroom for a custom bus facility. She said staff is recommending approval subject to: (1) Exclude the northern 70 feet of Elder Road for future road improvements for Orange Boulevard due to additional right-of-way needs at that time; (2) The owners obtaining ownership from the Florida Department of Transportation for the eastern one-half of the proposed abandoned right-of-way; and (3) Provide proof of ownership by recorded instrument to the Development Review Division for the entire property.

Attorney Steve Coover, 230 N. Park Avenue, addressed the Board to state he does not understand what Condition #2 has to do with the vacate and he asked that it be deleted.

Ms. Sweet answered that her understanding is that the applicant would try to obtain the eastern half of the right-of-way from DOT and, if not, they would not have enough open space. Attorney Coover stated they are going to try to obtain ownership of the eastern half from DOT, but this should not be a condition of the vacate. Discussion ensued.

Ms. Sweet advised Commissioner McLain that DOT was notified of the hearing and DOT said they did not have any problems with the vacate. Attorney Coover said he doesn’t understand why DOT would have any objections with the vacate because they would have half ownership of the right-of-way.

Commissioner McLain stated he thinks the Board would want to know the answers to some of these questions before they vacate the road.

Attorney Coover also stated he cannot provide the proof of ownership as required in Conditon #3 because he can’t generate a document and deed himself.

Commissioner Morris stated Attorney Coover’s request should stand on its own and based upon DOT not being present indicates their concurrence or lack of objection.

During discussion, Attorney Coover stated Conditions #2 and #3 don’t relate to this vacate, but have to do with the development of the property that his client is doing, but he has nothing to do with that.

Upon inquiry by Commissioner Maloy, Gil Backenstoss, Development Review Manager, addressed the Board to state this parcel was to be required for open space as the property is a little below the 30% requirement needed to do all the paving.

Commissioner McLain stated his thinking is why would they want to give away public lands to be bought back by the public later. He said he is interested in finding out if DOT needs the land. He asked would the Board be good stewards of taxpayers money to give away the land and years later have to buy it back.

Commissioner Morris stated it could be a condition in the development order that this particular portion may not be sold to another government agency or only sold at $1.

Attorney Coover said he would have no problem with continuing the hearing to find out DOT’s position. He said if DOT does need the land, he doesn’t think his client would have a problem agreeing to rededicate it.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to continue to July 27, 1999, at 1:30 p.m., or as soon thereafter as possible, public hearing to consider vacating and abandoning a public road right-of-way for a portion of Elder Road, lying south of Orange Boulevard and southwesterly and north of the limited access right-of-way for State Road 400 (I-4); as described in the proof of publication, Attorney Stephen Coover, representative for Featherline, Inc.

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

REZONE FROM R-3A TO R-2

LUTHERAN HAVEN, INC.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from R-3A (Multi-Family Dwelling District) to R-2 (Single Family Dwelling District); property located on the east side of SR 426 (Aloma), +/-1,100’ north of Chapman Road (Lutheran Haven, Inc.).

Gary Schindler, Senior Planner, addressed the Board to present the request. He stated the agenda shows the request is to rezone from R-3A to R-1 and this is in error. He advised the correction is to rezone to R-2 as was indicated in the backup information and as advertised. He said the subject property only relates to the day care center and staff has no objections to the rezoning.

David Allen, Civil Engineer for the project, addressed the Board to state the history of the property. He advised the owner of Lutheran Haven, Don Kovak, is in attendance.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-25, as shown on page __________, rezoning from R-3A (Multi-Family Dwelling District) to R-2 (Single Family Dwelling District); property located on the east side of SR 426 (Aloma), +/-1,100’ north of Chapman Road; as described in the proof of publication, Lutheran Haven, Inc.

Under discussion, Commissioner Maloy said he is running into more situations where the cost of redevelopment regulations make the whole redevelopment uneconomical to do. He thinks this is something the Board should keep in mind. There ought to be a general rule that if someone is improving the property, some of the "red tape" should be waived.

Commissioner McLain said he thinks this project would be a good candidate for some economic development funds.

Commissioner Morris stated that is a nice idea but it would be getting into a major legal issue of setting precedence.

Commissioner McLain inquired about the latitude of the Board to waive fees. Whereupon, County Manager Kevin Grace stated his caution is not to get into situations of waiving fees.

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

CHAIRMAN’S REPORT

Chairman Henley advised of a meeting with representatives of the School Board concerning a School Readiness Coalition. He said the legislation spells out the makeup of the Coalition which is to include a member of the Board of County Commissioners.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint Commissioner Henley to serve on the School Readiness Coalition.

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

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Chairman Henley read the request received from The Society for the Preservation of Ft. Mellon Park and submitted same with Petitions, as shown on page _________, into the Record.

COMMUNICATIONS AND /OR REPORTS

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

1. Finding of No Significant Impact dated 6/22/99 from the U.S. Environmental Protection Agency re: Grant Agreement XP984497-98-0. (cc: Environmental Services Director, Comp. Planning, Paul Moore, Utilities Director-City of Sanford)

2. Letter dated 6/24/99 to Chairman (with attached report) from Philip Emmer, Chairman-Emmer Development Corp. re: Criminal Activities at Tivoli Apartments. (cc: Current Planning Manager, Hal Kantor, John Percy, David Shield, Creekwood HOA Attorney, BCC)

3. Letter dated 6/23/99 to Chairman from Marvin Floyd, Chief-Bureau of Intervention Services re: 1999 quality assurance report. (cc: Pat Nichols, Division Director Prevention & Intervention, George Hinchliffe, Assistant Secretary Programs & Planning, Rod Love, Juvenile Justice Manager, Bill Gandy, Chief of Region II, Rex Uberman, Deputy Secretary for Operations, John Criswell, Chief of Quality Assurance, Jean Jeffcoat, PAY Program Manager, BCC, Co. Manager, Deputy Co. Manager)

4. Letter dated 6/23/99 to Government Official (with attached registration) from Joseph F. Meyers, Director, Division of Emergency Management re: Domestic terrorism. (cc: BCC, Co. Manager, Deputy Co. Manager)

5. Letter dated 5/13/99 to Chairman from Eduardo Gamboa re: Support of park on Kewannwee Trail.

6. Letter dated 6/17/99 to BCC from Congressman John Mica re: I-4 St. John’s River bridge project.

7. Letter dated 6/21/99 to Chairman (with attached Notice of Intent) from Bob Cambric, AICP Growth Management Administrator re: Review of Compliance Agreement Amendment 99-R-1. (cc: Planning & Development Director, Sandra Glenn, Executive Director-ECFRPC, BCC, Acting Co. Manager, Co. Attorney)

8. Copy of letter dated 6/23/99 to Robert Adolphe, Environmental Services Director, from William Merck, Vice President-UCF re: Wholesale wastewater & reclaimed water service agreement. (cc: BCC, Acting Co. Manager, Co. Attorney, Joyce Clampitt, UCF, Beth Liberto, UCF, Peter Newman, UCF, Dick Paradise, UCF, Jack Winstead, UCF)

9. Memorandum dated 6/25/99 to BCC from Commissioner Morris re: Equestrian trail work session. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Trails Planner)

10. Memorandum dated 6/23/99 to BCC (with attached survey results) from Colleen Rotella, Comprehensive Planning Manager re: Cross Seminole Trail user survey.

11. Facsimile dated 6/25/99 to Chairman from Ronald McLemore, Winter Springs City Manager re: Improvements to Tuscawilla Road. (cc: BCC, Co. Engineer, Deputy Co. Manager)

12. Copy of letter dated 6/24/99 to Representative Stan Bainter from Chairman re: Upcoming Legislative Committee meetings. (cc: BCC, Co. Manager, Deputy Co. Manager, Bobby Brantley, Deputy Co. Attorney)

13. Letters dated 6/22/99 from Ken Roberts, Director of Public Safety re: Appreciation for recent donations to the following: Susan Meinert, Arlis Claxton, Deborah Lapinne, Susan Vaiarella, Erla Bergner, Janet McClintic, Dorothy Pasternack, Arthur Okey, Ann Miller.

14. Memorandum dated 6/10/99 to BCC (with attached memo dated 6/8/99 to Acting Co. Manager from Environmental Services Director) from Cindy Coto, Acting Co. Manager re: Artesian Wells Plugged.

15. Memorandum dated 6/22/99 to BCC (with attached letter dated 6/11/99 from Cindy Gennell, CALNO Chairman) from Lonnie Groot, Deputy Co. Attorney re: Letter from CALNO Chair relative to U.S. Supreme Court Case. (cc: Acting Co. Manager)

16. Memorandum dated 6/22/99 to BCC from Gil Backenstoss, Development Review Manager re: Development Review Budget-performance measures. (cc: Acting Co. Manager, Planning & Development Director)

17. Memorandum dated 6/24/99 to BCC from Gil Backenstoss, Development Review Manager re: Net residential density for Lake Forest PUD. (cc: Acting Co. Manager)

18. Copy of letter dated 6/14/99 to Ray Eubanks, Planning Manager-Fla. Department of Community Affairs (with attachments) from Miriam Bruce, Mayor-City of Oviedo re: Small Scale Development Comprehensive Plan Amendment. (cc: ECFRPC, FDOT-District V, FDEP, SJRWMD, BCC, City of Winter Springs, Acting Co. Manager, Planning & Development Administration)

19. Letter dated 6/17/99 to Chairman (with attached Objections, Recommendations and Comments) from Charles Gauthier, AICP-Chief Bureau of Local Planning-Dept. of Community Affairs re: Review of Comprehensive Plan Amendment. (cc: Planning & Development Director, Sandra Glenn, Executive Director-ECFRPC, Co. Manager, Deputy Co. Manager)

20. Notice of Public Hearing (Oviedo Crossing PUD) – City of Oviedo on 7/1/99. (cc: BCC, Comprehensive Planning)

21. Notice of Public Hearing (River Oaks PUD) – City of Oviedo 7/1/99. (cc: BCC, Current Planning)

22. Letter dated 6/20/99 to BCC from Martha Wellman re: Sierra Club conservation chair. (cc: BCC, Co. Attorney [for response], Comprehensive Planning Manager)

23. Letter dated 6/22/99 to BCC from Nelson Blackmore re: Cross Seminole Trail. (Co. Manager, Deputy Co. Manager, Comprehensive Planning Manager)

24. Notice & agenda for 6/28/99 work session for City of Oviedo. (cc: BCC, Current Planning, Co. Attorney)

25. Copy of memorandum dated 6/22/99 to Maureen Landgraf, Analyst-Engineering from Keith Roark, Road Project Acquisition Manager through Henry Brown, Assistant Co. Attorney re: Direct Pay Request-Expedited Procurement. (cc: BCC, Purchasing Division Manager, Assistant Co. Attorney)

26. Memorandum dated 6/21/99 to BCC from Suzy Goldman, Library & Leisure Services Director re: Library Users by age. (cc: Acting Co. Manager, Library Services Manager)

27. Letter dated 6/18/99 to Chairman (with attached ordinances) from Thelma McPherson, City Clerk-City of Casselberry re: Annexation Ordinances. (cc: Casselberry City Manager, Casselberry Community Development Director, Property Appraiser, Current Planning)

28. Memorandum dated 6/23/99 to Chairman from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values-17-92 Community Redevelopment District. (cc: BCC, Fiscal Services Director, Capital Programs Analyst)

29. Copy of memorandum dated 6/23/99 to Dudley Bates, Mayor-City of Altamonte Springs from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values Altamonte Springs Redevelopment District. (cc: City Manager-Altamonte Springs, Deputy Director-Redevelopment District Altamonte Springs, Finance Director-Altamonte Springs, BCC, Fiscal Services Director)

30. Copy of memorandum dated 6/23/99 to Bruce Pronovost, Mayor-City of Casselberry from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values Casselberry Community Redevelopment District. (cc: City Manager-Casselberry, Finance Director-Casselberry, City Clerk-Casselberry, BCC, Fiscal Services Director)

31. Copy of memorandum dated 6/23/99 to Bruce Pronovost, Mayor-City of Casselberry from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values 17-92 Community Redevelopment District. (cc: City Manager-Casselberry, Finance Director–Casselberry, City Clerk-Casselberry, BCC, Fiscal Services Director, Capital Programs Analyst)

32. Copy of memorandum dated 6/23/99 to Larry Dale, Mayor-City of Sanford from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values Seminole Towne Center Community Redevelopment District. (cc: City Manager-Sanford, Finance Director-Sanford, BCC, Fiscal Services Director)

33. Copy of memorandum dated 6/23/99 to Larry Dale, Mayor-City of Sanford from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values Sanford Waterfront Downtown Redevelopment District. (cc: City Manager-Sanford, Finance Director-Sanford, BCC, Fiscal Services Director)

34. Copy of memorandum dated 6/23/99 to Larry Dale, Mayor-City of Sanford from Terry Goembel, Administrative Director-Property Appraiser’s Office re: 1999 Preliminary Values 17-92 Community Redevelopment District. (cc: City Manager-Sanford, Finance Director-Sanford, BCC, Fiscal Services Director, Capital Programs Analyst)

35. Letter dated 6/23/99 to Chairman (with attached certification of valuation) from Bill Suber, Property Appraiser re: 1999 Taxable Values. (cc: BCC, Fiscal Services Director)

36. Letter dated 6/23/99 to Ken Roberts, Public Safety Director (with attached certification of valuation) from Bill Suber, Property Appraiser re: 1999 Taxable Values. (cc: BCC, Fiscal Services Director)

37. Letter dated 6/23/99 to Chairman (with attached certification of valuation) from Bill Suber, Property Appraiser re: 1999 Road District Taxable Values. (cc: BCC, Fiscal Services Director)

38. Letter dated 6/23/99 to Chairman (with attached certification of valuation) from Bill Suber, Property Appraiser re: 1999 Stormwater Taxable Values. (cc: BCC, Fiscal Services Director)

39. Copy of memorandum dated 6/21/99 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into County Records. (cc: BCC, Acting Co. Manager, Environmental Services Director)

40. Notice of receipt of application for proposed planning action – Thomas Ratliff, Jr., Mary Ratliff, Matthew Burke, Lordes Burke, Sara Burke. (cc: Current Planning, Property Appraiser’s)

41. Letter dated 6/21/99 to Cindy Coto, Acting Co Manager (with attached Ordinance #926) from Carol Foster, City Clerk-Lake Mary re: Annexation ordinance. (cc: Current Planning, Property Appraiser’s)

42. Copy of letter dated 6/22/99 to Dick Kirby, Executive Director-TCI Southeast from Robert McMillan, Co. Attorney, Maryanne Morse, Clerk of the Circuit Court and Cynthia Coto, Acting Co. Manager re: Non-compliance with the Seminole County Franchise Ordinance. (cc: BCC, Information Technologies Director, Senior Cable Franchising Coordinator, Ralph Hulett, General Manager-TCI, John Fogarty, Assistant General Counsel-TWC, Frank Kruppenbacher, Esq.-TWC, Diane Pickett, VP Public Affairs/Gov Relations-TWC, John Weigand, Esq., Federal Trade Commission, Federal Communications Commission-Cable Services Bureau, United Pacific Insurance Company)

43. Letter dated 6/21/99 to Cindy Coto, Acting Co. Manager (with attached Ordinance 3485) from Janet Dougherty, City Clerk-Sanford re: Annexation Ordinance. (cc: Current Planning, Property Appraiser)

44. Facsimile letter dated 6/21/99 to Commissioner Maloy from Hugh Harling, President Harling Locklin & Associates re: Loma Vista final master plan. (cc: BCC)

45. Memorandum dated 6/21/99 to BCC (with attached letter and back-up to Thomas Beck, Chief-Bureau of Local Planning Dept. of Community Affairs) from Cindy Matheny, Current Planning re: Response to objections, recommendations & comments report related to the Heathrow 15-acre plan amendment.

46. E-mail dated 7/1/99 to Chairman from Pat & Duane Keough re: Proposed rezoning along CSX railroad. (cc: BCC, Co. Manager, Deputy Co. Manager, Current Planning)

47. Letter dated 6/25/99 to Chairman from Katherine Harris, Secretary of State re: Seminole County Home. (cc: BCC. Co. Manager, Deputy Co. Manager, Library & Leisure Services Director)

48. Letter dated 6/25/99 to Chairman from Roger Twitchell, Section Administrator-Fla. Department of Health re: 1999 Emergency Medical Services matching grant. (cc: BCC, Co. Manager, Fiscal Services, Emergency Medical Services Director, Dino Villani)

49. Memorandum dated 6/20/99 to BCC (with attached rating announcements) from Cindy Hall, Fiscal Services Director re: Water/sewer revenue bond issue. (cc: Co. Manager, Deputy Co. Manager, Environmental Services Director, Environmental Services Finance Manager)

50. Letter dated 7/1/99 to Chairman and Commissioners from Diane Pickett, Time Warner Communications re: Transaction and assumed ownership of TCI. (cc: Co. Manager, Senior Cable Franchising Coordinator, Information Technologies Director, David Spencer, Time Warner Communications)

51. Letter dated 6/29/99 to Cindy Coto, Acting Co. Manager (with attached ordinance) from Janet Dougherty, City Clerk-Sanford re: Annexation Ordinance #3490. (cc: Current Planning, Property Appraiser)

52. Notice and agenda for 7/7/99 Oviedo City Council meeting.

53. Copy of memorandum dated 6/30/99 to Local Planning Agency Members (with attachment) from Dick Harris, Chairman-LPA re: Administrative Amendment Hearings. (cc: BCC, Co. Manager)

54. Memorandum dated 7/1/99 to BCC, Co. Manager, Planning & Development Director, Comprehensive Planning Manager, CDBG Principal Planner (with attachments) from Robert Hennan, CDBG Principal Coordinator re: Public Comments on proposed consolidated plan activities funding list.

55. Letter dated 6/25/99 to Chairman from Miriam Bruce, Mayor-Oviedo re: Better Living for Seniors. (cc: BCC, Sherry Fincher, Executive Director-BLS)

56. Copy of letter dated 6/29/99 to Cheryl McPherson, Conservation Chair-Sierra Club from Robert Gebaide, Assistant Co. Attorney re: Clifton Springs. (cc: BCC, Comprehensive Planning Manager)

57. Copy of letter dated 6/22/99 to Ira Barrow from Chou Fang, Department of Resource Management & Victoria Nations, Regulatory Scientist-Department of Resource Management re: Alternate Surface Treatment Program. (cc: BCC)

58. Copy of memorandum dated 6/28/99 to Maureen Landgraf, Accountant-Public Works from Keith Roark, Road Project Acquisition Manager through Henry Brown, Assistant Co. Attorney re: Litigation Support Services. (cc: BCC, Purchasing Manager)

59. Letter dated 6/29/99 to Chairman from David Levy, Director-Salomon Smith Barney re: Rating for Seminole Co Water & Sewer financing. (cc: BCC, Co. Manager, Deputy Co Manager, Fiscal Services Director, Environmental Services Director)

60. Letter dated 6/25/99 to Chairman from W. H. Gandy, Chief, Central Regional-Department of Juvenile Justice re: PAY Program. (cc: Rod Love, Juvenile Justice Manager, BCC, Co. Manager, Deputy Co. Manager, PAY Manager)

61. Letter dated 6/23/99 to Chairman from Charles Clayton, Jr. re: Research Park. (cc: BCC, Deputy Co. Manager, Co. Engineering, Eloise Rybolt, Mary Lamar, Malcolm Clayton)

62. Copy of letter dated 6/25/99 to Economic Development Commissioner of Mid-Florida from Stan Sandefur re: Resignation to the EDC Board.

63. Contract for services, as shown on page __________, between Seminole County Parks & Recreation and Douglas Williams (tennis lessons).

64. Copy of letters dated 6/25/99 from Kenneth Roberts, Director, Department of Public Safety re: Appreciation for recent donations to the following: Gertrude Ottenbaker, N. Eager, Shirley Moon, Mr. & Mrs. J. P. Ensch, Maureen O’Hallaron, Amy Meese, CeeJay Pedersen, Vickie Blake, Phillip Pryor, Barbara Berube, Juan Herrera, Tim Boehm, Joann Lewis, Eugene Fox.

    1. Listing of Seminole County Boards and Committees member terms and addresses as of 6/29/99.

66. Letter dated 7/12/99 to BCC from Frank Shelton for Mary Cragar, President-Markham Woods Association, Inc. re: Opposition to Suburban Estates.

67. Letter received 7/12/99 to BCC from Robert & Diane Parrotino re: Opposition to name change of Oak Knoll Point.

68. Memorandum dated 7/9/99 to BCC (with attached decision) from Lonnie Groot, Deputy Co. Attorney re: Fifth District Court of Appeal Decision. (cc: Co. Manager, Deputy Co. Manager, Rick Nelson, Esquire, Donna McIntosh, Esquire, John Ross, Esquire-Sheriff’s Office)

69. Letter dated 7/2/99 to BCC (with attached May 1999 report) from Randy Johnson, President/CEO and Jason Weeks, Seminole Co. Sports Marketing re: May Activities.

70. Notice of Public Hearing (amendment to River Oaks PUD) City of Oviedo 7/19/99. (cc: BCC, Current Planning)

71. Copy of letter dated 7/9/99 to Honorable H. W. Suber, Property Appraiser (with attached budget summary) from Darrell Smith, Budget Services Director-Dept. of Revenue re: Property Appraiser 1999/2000 Budget. (cc: BCC)

72. Copy of memorandum dated 7/12/99 to Kevin Grace, Co. Manager, Cindy Coto, Deputy Co. Manager, BCC Aides (with attached letter from Lawrence Walters) from Lonnie Groot, Deputy Co. Attorney re: Public Records Request. (cc: BCC Records, David Cortman, Esquire, Rick Nelson, Esquire, Executive Assistant-Co. Attorney Office)

73. Notice and agenda for Seminole County Port Authority meeting 7/12/99.

74. Copy of letter dated 7/8/99 to Lavoise Whittington, Plan Processing Team-Dept. of Community Affairs from Frances Chandler, Planning & Development Director and Lonnie Groot, Deputy Co. Attorney re: Supplement to Large Scale Plan Amendment. (cc: BCC, Co. Manager, Deputy Co. Manager, Comprehensive Planning Manager, Miranda Fitzgerald, Esquire)

75. Memorandum dated 7/9/99 to BCC (with attached revision) from Lonnie Groot, Deputy Co. Attorney re: Legislative & Governmental Liaison Services Agreement. (cc: Co. Manager, Deputy Co. Manager, Bobby Brantley)

76. Memorandum dated 7/8/99 to BCC, Kevin Grace, Co. Manager, Cindy Coto, Deputy Co. Manager, All Department Directors, All Division Managers (with attached survey) from Lonnie Groot, Deputy Co. Attorney re: FAC Legislative Survey.

77. Copy of memorandum dated 7/8/99 to Maureen Landgraf, Engineering Accountant-Engineering (with attached invoicing) from Debra Edge, Legal Assistant through Henry Brown, Assistant Co. Attorney re: Analysis of Bid Proposal Invoice. (cc: BCC, Purchasing Manager, Road Project Acquisition Manager, Public Works Manager)

78. Memorandum dated 7/8/99 to BCC (with attached agreement) from Lonnie Groot, Deputy Co. Attorney re: Legislative & Governmental Liaison Services Agreement. (cc: Co. Manager, Deputy Co. Manager, Bobby Brantley)

79. Notice of Public Hearing (Oviedo Crossing PUD) City of Oviedo 7/19/99. (cc: Current Planning, Comprehensive Planning)

80. Letter dated 7/8/99 to Chairman from J. Preston Silvernail, Chief Judge re: Immediate need for Courtroom space. (cc: BCC, Clerk of the Court, Sheriff, Sanford Mayor)

81. Copy of letter dated 7/2/99 to David Grovdahl, Director of Transportation Planning-Metroplan and Randy Farwell, Director of Planning & Development-Central Fla. Regional Transportation Authority from Dudley Bates, Mayor-Altamonte Springs re: North Orange/South Seminole ITS enhanced circulator. (cc: Altamonte Springs City Commission, Seminole County Chairman, Orange County Chairman, Mayor-City of Maitland, Chairman-Metroplan Orlando, Chairman Lynx, BCC)

82. Notice and agenda for 7/12/99 City Council Work session-City of Oviedo.

83. Memorandum dated 7/6/99 to BCC (with attached decision by the Second District Court of Appeal) from Lonnie Groot, Deputy Co. Attorney re: City of Sarasota Speed Humps case. (cc: Co. Manager, Deputy Co. Manager, Public Works Director, Traffic Engineer)

84. Copy of memorandum dated 7/6/99 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into County Records. (cc: Co. Manager, BCC, Environmental Services Director)

85. Letter dated 7/2/99 to Chairman from George Percy, State Historic Preservation Officer re: Seminole County Home on National Register. (cc: BCC, Co. Manager, Deputy Co. Manager, Library & Leisure Services Director)

86. Copy of letter dated 6/30/99 to Robert McMillan, Co. Attorney (with attached KPMG Independent Auditor’s Report) from Dick Kirby, Executive Director-Franchising/Government Affairs-TCI re: TCI Audits. (cc: BCC, Co. Manager, Deputy Co. Manager, Information Technologies Director, Senior Cable Franchising Coordinator, Ralph Hulett, General Manager-TCI, John Fogarty, Assistant General Counsel-TWC, Frank Kruppenbacher, TWC, Diane Pickett, VP Public Affairs/Government Relations-TWC, John Weigand, Federal Trade Commission, Federal Communications Commission-Cable Services Bureau, United Pacific Insurance Company)

87. Copy of memorandum dated 7/6/99 to Commissioner Maloy from Cindy Hall, Director Fiscal Services re: Budget Issues. (cc: BCC, Co. Manager)

88. Copy of letters dated 7/6/99 from Kenneth Roberts, Department of Public Safety Director re: Appreciation for recent donations to the following: Thomas Lohrmann, Richard & Ann Dominica, Patricia Boyko, Sheila Read.

89. Contract, as shown on page _________, between Parks & Recreation and Austin Scott Miller for Scorekeeper services.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Van Der Weide requested the Chairman work with staff and come back with the proper makeup of a committee that would study the possible reduction or elimination of tolls on the Greeneway and bring a recommendation to the Board. Discussion ensued by the Board.

Commissioner Morris advised the appropriate agency to approach is the Turnpike Authority, not DOT. He suggested the Board take this through the Expressway Authority and have further discussion of the concept and how to go forward.

Chairman Henley said the Expressway Authority may be inactive now as a result of the last meeting. He asked for a chance to sit down with staff and talk about the scope and procedures and come back to the Board for final procedures and direction.

The consensus of the Board was for the Chairman to proceed as discussed.

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Commissioner Henley stated he received a phone call and fax from Geoff Cook desiring to resign from the Planning & Zoning Commission because he will be unable to attend over the next several meetings.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to accept the resignation from Geoff Cook and adopt appropriate Resolution #99-R-92, as shown on page __________, commending Mr. Cook for his service on the Planning and Zoning Commission.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to appoint Mark George to the Planning and Zoning Commission.

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

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Commissioner Henley stated he drove over four roads in Rolling Hills that were refurbished using the cold mix process and he was impressed with this procedure.

COMMITTEE REPORTS

Commissioner Henley distributed to the Board a portion of a report (not received and filed) from Tourist Development.

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The Board, thereupon, recessed at 2:25 p.m., reconvening at 7:05 p.m., this same date with all Officials, with Commissioner Morris being absent, with Deputy County Attorney Lonnie Groot replacing County Attorney Robert McMillan, and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

LAND USE AMENDMENTS AND ASSOCIATED REZONINGS

AMENDMENT AND REZONE/Brossier Co.

Proofs of publication, as shown on page ________, calling for a request to consider Amendment from Commercial to High Density Residential; and Rezone from C-2 (Retail Commercial District) to R-4 (Multi-Family Dwelling District); property located west of Alafaya Trail and south of Econ River Place, containing approximately 50 acres, Brossier Co., received and filed.

Cindy Matheny, Planner, addressed the Board to state the applicant is requesting approval for multi-family units and a maximum density of 20 dwelling units per net acre. Staff is recommending approval of the Plan Amendment with findings that High Density Residential would be: (1) Consistent with the locational criteria of the County’s Comprehensive Plan relating to the High Density Residential land use designation; (2) Compatible with development trends in the immediate vicinity; (3) Consistent with adjacent Commercial, Industrial, Planned Development, and High Density Residential land uses; and (4) Consistent with Plan policies identified at this time and therefore is consistent with the Seminole County Comprehensive Plan.

She stated staff recommends that the rezoning request is: (1) In compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to High Density Residential land use and R-4 zoning; and (2) The request would be compatible with surrounding development.

Ms. Matheny stated the Department of Community Affairs (DCA) submitted their Objections, Recommendations, and Comments (ORC) report. The report included objections to this amendment related to transportation level of service, lack of a maximum density in the High Density Residential land use designation, and impacts to the Econlockhatchee River and associated habitat. Staff responded to the ORC report by including additional responses from the applicant. The applicant has submitted a revised plan that reconfigures the placement of buildings and amenities on the site. The revised plan meets staff’s recommended parking ratio for student apartments of 1.25 spaces per bed. There were issues related to access on Econ River Place and this morning the Board directed the County Attorney’s office to resolve the access issue. She stated staff feels that Condition #2 in the development order (D.O.) is redundant because that is covered elsewhere in the D.O. Therefore, staff is recommending that this condition be struck from the development order.

Ms. Matheny discussed with Commissioner Maloy the access to Econ River Place and the traffic analysis with apartments.

Bob Reese, President of Brossier Co., addressed the Board to display a site plan (not received and filed). He stated a traffic study was performed and the trip generation rate of residential versus commercial is 1/3, therefore, there is a 67% reduction in trips. He added he sent Ms. Matheny and the DCA a letter providing an overview of those.

Upon inquiry by Commissioner Maloy, Ms. Matheny advised she has not reviewed the letter, but the transportation department and County Engineer have reviewed it.

Mr. Reese stated the methodology of the report is consistent with the concurrency application. Of the 51 acres, there are roughly 32 acres of wetlands and upland buffer. He stated he has submitted a drainage application to the St. Johns River Water Management District and they have responded to this application.

Mr. Reese informed Commissioner Maloy that this complex has a lesser density than 20 units per acre and 68% will be one and two bedroom units. He stated anybody can rent the apartments.

Tom Chibriana (phonetic), President and CEO of American Campus Communities, addressed the Board to display pictures (not received and filed) of the apartment buildings. He discussed how the American Campus Communities intend to lease the apartments. This project is intended to be student housing and if a student is under 21, the parents would have to sign the lease.

Upon inquiry by Commissioner McLain, Mr. Chibriana advised his organization always tries to satisfy the customer. He stated if someone moves out and the other tenant did not have someone in mind to move in with him or her, they would try to pair them up with someone else.

Mr. Chibriana briefly reviewed the background of his organization.

Mr. Chibriana discussed with Commissioner Maloy the breakdown of the units, how many people could rent one bedrooms, background checks, and the possibility of strangers coming in and renting the other bedroom.

Susan Eberle, 652 W. Palm Valley Dr., addressed the Board to state she is representing the Board of Directors of Riverwalk. She stated this development is not in the best interest of the safety, health and welfare of the Seminole County citizens and it fails to protect the Little Econ River. The Little Econ River floods periodically and has threatened homes in the area. A study to redraw the floodplain is currently being done by Singhoff and Associates. When the Econ River was named an Outstanding Florida Waterway, the intent was to protect the river from development. High Intensity Development was to be kept 1100 feet from the river, no homes or buildings were to be built in the first 500 feet and only one home per acre in the second 550 feet. The Board weakened the Econ Ordinance Act in 1994 by allowing building to take place in the second 550 feet. The DCA had three main objectives to the proposed Alafaya Commons and she reviewed those objectives. She stated Alafaya Trail is maxed out and it will be irresponsible to put any more housing or development on that road until it is six-laned. The nearby Iron Bridge sewage treatment plant poses a serious health risk. It would be contrary for public health and safety to build apartments to house hundreds of students near the treatment plant when it was determined that it was unsafe for a school. She submitted a Petition, as shown on page _________, from area residents requesting denial of the proposed project until a Basin-wide Study is performed and completed. She displayed and reviewed copies of pictures (received and filed) of the surrounding area being flooded. She also submitted graphs and rainfall reports (received and filed). She stated if the safety and welfare of the citizens in the County and the environmental issues are important to the Board, then they should deny the request.

Upon inquiry by Commissioner Maloy, Ms. Eberle advised she has no problem with building a Walmart in the area as long as it doesn’t flood their homes.

Stanley Stevens, 377 River Woods Trail, addressed the Board to state he will pass, as it doesn’t help to talk to the Board.

Charlotte Carver, 3045 Lowery Dr., addressed the Board to state she has concerns with the crime and the concessions the developer has made to the citizens relative to development across the street. She stated the citizens no longer have a 50-foot buffer or a brick wall, they now have a wood fence. She added she also has concerns with wastewater and drainage. She requested the Board to take a look at updating the water study prior to rubber-stamping this development.

Ms. Carver discussed with Commissioner Maloy the concessions the developer made with the citizens for the development across the street.

Noreen Hodupp, 2970 Lowery Dr., addressed the Board to state her main concern is the traffic. She stated she has to wait to get into the traffic and sometimes it takes her 20 minutes to get home when her job is only one mile from her house. She asked if they will provide enough parking spaces for every student; and said if they do not have enough spaces, they will be parking illegally if they have guests over.

Commissioner Maloy advised Ms. Hodupp that a traffic light will be installed at the intersection east of SR 434.

Upon inquiry by Commissioner Maloy, Ms. Matheny advised the current ordinance requires 2 parking spaces per dwelling unit and the applicant will be providing 1.2 per bed.

Upon inquiry by Commissioner Van Der Weide, Lonnie Groot, Deputy County Attorney, addressed the Board to advise the Board can place a stipulation in the development order relative to the minimum number of parking spaces.

Upon inquiry by Commissioner McLain, John Dwyer, Current Planning Manager, addressed the Board to advise staff would bring any variance to a development order (D.O.) to the Board for approval. He stated if a developer has committed to install a brick wall, the County can force them to install one if they are not abiding by the D.O.

Dolores Lowe, 2978 Lowery Dr., addressed the Board to state her husband works at Lockheed Martin and it takes him 20 minutes to travel two blocks. It is difficult for them to get on Alafaya Trail even when it is not rush hour. There is numerable construction that is being planned or in the process of happening along the Econ River. She stated her children like to fish off the Little Econ River and they have not been able to do that because the area flooded so high they cannot get near the area they fish. She said growth in this area is not being well managed.

Commissioner Van Der Weide stated he believes there is a need for student housing, but he is wondering why there isn’t more student housing on campus. He would recommend working out an agreement with a private investor to build housing on campus, that way it would be part of the campus and controlled by the campus.

Upon inquiry by Commissioner Van Der Weide, Mr. Chibriana advised colleges across the country realize that there is a need for student housing on campus and his company would be interested if UCF would want to go that route.

A copy of America’s Best Colleges showing the percentage of students living on or off campus was received and filed.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Discussion ensued between the Board and Mr. Chibriana relative to on-site managers; not having off-duty police in the units; security service; and the rent for a furnished apartment would be $685 per month including utilities.

Commissioner Van Der Weide stated he has no way of knowing how many students will be living in the bedroom. He stated he still would like to see the University cooperate with a private sector in providing student housing on campus.

Commissioner McLain stated his major concern is renting by the room.

Upon inquiry by Commissioner Maloy, Mr. Groot advised the Board can place a restriction in the D.O. indicating that there will not be an individual lease per bedroom.

Mr. Chibriana stated he would like to ask the Board not to subject them to that due to the type of properties that this community would compete with, the lease liability situation and not knowing whether the project would be economically feasible. Discussion ensued.

The Chairman recessed the meeting at 8:17 p.m. to give the District Commissioner and the applicant time to discuss this issue further, reconvening at 8:25 p.m.

At the request of Chairman Henley, Ms. Matheny reviewed staff’s response to the DCA’s objection, as outlined in the memorandum (received and filed) dated 7/12/99. She stated Alafaya Trail will be widened to six lanes in the year 2002 and staff does not feel that this amendment will change the level of service.

Upon inquiry by Chairman Henley, Mr. Chibriana advised he is planning to start development in the year 2000.

Ms. Matheny continued reviewing DCA’s objections relative to the High Density Residential not having a maximum density standard, the amendment site not being demonstrated to be suitable for the proposed land use, and the allowable density and intensities of use.

District Commissioner Maloy stated the Board has concerns with the rental by the room. This will be a gated community, however, the applicant wants to stick with the original plan of doing different lease arrangements. Seminole County has not had this type of project before, but due to the issue of potential problems associated with the way the rooms are rented and the traffic, he would have to recommend denying the rezoning.

Motion by Commissioner Maloy, seconded by Commissioner McLain to deny the High Density Residential Land Use and R-4 rezoning; property located west of Alafaya Trail and south of the Econ River Place, containing approximately 50 acres, as described in the proof of publication, Brossier Co.

Districts 1, 3, 4 and 5 voted AYE.

AMENDMENT AND REZONE/Klein Co.

Proofs of publication, as shown on page ________, calling for a request to consider Amendment from Low Density Residential to Higher Intensity Planned Development – Target Industry; and Rezone from Planned Unit Development to Planned Unit Development; property located west of Grantline Road and east end of First Street, containing approximately 23 acres, Klein Co., received and filed.

Ms. Matheny stated staff recommends approval of the request with findings that the request: (1) Would be consistent with the locational criteria of the County’s Comprehensive Plan relating to the HIP-TI land use designation; (2) Would be compatible with development trends in the immediate vicinity; (3) Would be consistent with adjacent Low Density Residential and HIP-TI land use; and (4) Would be consistent with Plan policies identified at this time and therefore, is consistent with the Seminole County Comprehensive Plan. She stated the P&Z Commission recommended approval of the request. The DCA had no objections relative to the amendment.

Ms. Matheny stated staff would like to make the following changes in the development order: Deleting the word C.O. in Item B; Deleting the word CO in Item D; Item E should read, "The existing rights-of-way in the western part of property must be vacated in accordance with law at the sole expense of the owner prior to approval of the Master Plan"; and Item I should read, "The contract for the Grantline Road extension must be let by the County prior to the County issuing building permits".

Meredith Harper, representing Shutts & Bowen, addressed the Board to state the developer is in agreement with the conditions in the development order. She stated the original plan of the site was for 399 units and they have reduced the units to 306. The height of the building has been reduced from three story to two story. She added she concurs with staff’s recommendations.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt the Higher Intensity Planned Development-Target Industry land use and Rezoning to Planned Unit Development; property located west of Planned Grantline Road and east end of First Street, containing approximately 23 acres, as described in the proof of publication, Klein Co., with staff’s findings.

Districts 1, 3, 4 and 5 voted AYE.

AMENDMENT AND REZONE/Wallace R. Devlin

Proofs of publication, as shown on page ________, calling for a request to consider Amendment from Low Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of Hughey Street and 700 feet east of Rinehart Road, containing approximately 36 acres, Wallace R. Devlin, received and filed.

Ms. Matheny stated staff recommends approval of the request with findings that Planned Development land use would be: (1) Consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation; (2) Compatible with development trends in the immediate vicinity; (3) Consistent with adjacent Higher Intensity Planned Development – Target Industry and Low Density Residential land use; and (4) Consistent with the Seminole County Comprehensive Plan. She stated the P&Z recommended approval of the request subject to those areas above the post-development flood plain be rezoned. The DCA had no comments relative to the application.

Attorney Dwight Saddoff, representing the applicant, addressed the Board to advise he will be happy to answer any questions. He stated one development has occurred since this application has been filed. That property is located east of this site and it recently has been annexed into the City of Sanford. The City of Sanford has transmitted the land use to the DCA.

Upon inquiry by Commissioner McLain, Ms. Matheny advised the specific road improvements would be handled during the final PUD process. This project will possibly have turn lanes onto the road from Rinehart Road.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Planned Development land use and PUD Rezone; property located south of Hughey Street and 700 feet east of Rinehart Road, containing approximately 36 acres, as described in the proof of publication, Wallace R. Devlin, with staff findings.

Districts 1, 3, 4 and 5 voted AYE.

AMENDMENT AND REZONE/CFG at Chapman, Inc.

Proofs of publication, as shown on page ________, calling for a request to consider Amendment from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located north of Orange Blvd., east and west of Indiana Street and north and south of Ohio Avenue, containing approximately 90 acres, CFG at Chapman, Inc., received and filed.

Ms. Matheny stated staff recommends approval of the land use, at a maximum of 4 dwelling units per net acre, with findings that Planned Development land use would be: (1) Consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation and with policies regarding design and open space within Planned Development projects; (2) Compatible with projected development trends in the immediate vicinity along Orange Blvd.; (3) Consistent with Plan policies regarding transitional land uses; and (4) Consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. She stated staff recommends approval of the rezoning with the following findings: (1) Is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to PUD; (2) The request would be compatible with surrounding development; and (3) PUD zoning provides for an appropriate transitional use in this area. She said the P&Z Commission recommended approval of the request subject to maximum density of 4 dwelling units per net acre. The DCA’s ORC report included objections to this amendment relating to transportation level of service and environmental issues. Staff has prepared a response to the ORC report, which is included in the July 12, 1999 memorandum.

Attorney Ken Wright, Shutts and Bowen, addressed the Board to explain what has occurred on this project. He stated the DCA had concerns relative to the traffic impact and environmental issues. This site is a currently cultivated agricultural field and consists of about two acres of wetlands and it will not be impacted, as it will remain in its present state. There have been reports that an eagle habitats off the site and seems to be well adapted to the surrounding area. He said there had been concerns relative to a black bear in the area. Steve Lowe, Florida Game Commission, provided staff and DCA a letter stating that the site is located in an area that is frequented by the bear and as development continues in this area, there will be an increase of contact between man and bear. This site is adjacent to the Wekiva River Aquatic Preserve. Staff has indicated that this site is compatible for the proposed development and it is consistent with development trends in the area.

Attorney Wright discussed with Commissioner Maloy the open space issues and walking trails.

Chairman Henley read into the Record a letter (received and filed) from William and Kathie Behrens supporting the request.

Barbara Bolt, 1090 Mango Drive, addressed the Board to read her comments in support of the request. She discussed the following: lifestyle concept, the environment, economic structures, economic complexity of global and mobile conditions, power and market control, and economic prosperity.

Patrick Moore, 1760 Perch Lane, addressed the Board to advise this has been his family’s farm since the 1900’s. He submitted a Petition, as shown on page _________, from area residents supporting the request.

Deborah Deal, 436 Newton Place, addressed the Board to state her family moved to Seminole County in 1972 and she is concerned about the future of the County. She stated she would like to know what is wrong with preserving parcels such as this one at the current density. She said she does not need or want additional population, more traffic, pollution, crime, loss of natural habitat, and a strain on the water supply. She does not feel that short-term construction employment is an acceptable trade-off for the eternal blight of urban sprawl. She asked the Board to deny the request.

Frank Shelton, 14 Stone Gate North, addressed the Board to state he is representing the Markham Woods Homeowners Association. He stated the citizens of Seminole County felt that a land use was needed to mandate minimum one acre lots so there would be spacing between homes, semi-rural character and privacy. This land use was developed in the 1987 Comp Plan primarily for the northwest area, along Markham Woods Road, the eastern and the proposed area. Since that time, staff has refused to recommend that zoning and have consistently recommended changes to PUDs. The Board needs to listen to the citizens and stop taking idealistic answers from the planning books. The Wekiva Small Area Study indicated that everything west and north of Orange Blvd. should stay minimum one-acre lots. A study was also done in the northwest area and the result was minimum one-acre lots. However, this was not expressed to the Board with the same intensity as was done in the community meetings. The Board needs to find ways to preserve the Wekiva River Protection Act instead of finding ways to circumvent it. He requested the Board to deny the request.

Leslie Puik, 5022 Ohio Ave., addressed the Board to indicate on the map where she lives. She stated Attorney Wright was incorrect about the eagle. She added the eagle lives right across the street from her home and she has been watching it for the last ten years. The eagle’s nest is located on top of a building and that building has not been used for eleven years. The eagle’s flight path is directly over the site plan. She said this plan is incompatible and it is not consistent with densities or intensities of use. It is a tremendous negative for this environmentally sensitive area. If the Board allows the amendment, the value of their homes will be destroyed. She stated common sense tells you that this is not a good plan for this area. She added that 99% of the existing homeowners have said that this will destroy the rural character of the north side of Orange Blvd.

Commissioner Maloy left the meeting at this time.

David Schuette, 5266 Michigan Ave., addressed the Board to advise that a group of citizens have formed a group called WATCHDOG. He spoke with regard to the rural character in the area, the wetlands, and runoff. A notice announcing the formation of WATCHDOG was received and filed.

Commissioner Maloy reentered the meeting at this time.

Due to medical disability, Mr. Schuette read comments (received and filed) from Angela Bailey opposing the request.

Diane Vass, 5200 Michigan Ave., addressed the Board to state she is here to convince the Board to deny this proposal. She read her comments requesting that the Board listen to the citizens relative to the proposal. She also commented relative to the property owners being able to move to another county to recreate their farming lifestyles, but the residents here will not be able to move with such ease and profit in hand.

Kristine Bugnacki, 5352 Orange Blvd., addressed the Board to continue with Ms. Vass’ comments relative to the residents feeling cramped living in an urbanized city with no nature to view or beautiful nights to gaze upon. She read comments relative to the Board relying on staff’s professional opinions, a concession being made to allow a PUD application for the proposed Astor Farms, the residents lifestyles being important, and how the present proposal is any different from Astor Farms.

Monte Shoemaker, 5376 East Ohio Ave., addressed the Board to state it would be necessary to bring sewer and water to the project if this area was urbanized. He stated he has heard that it could cost $40 million to bring water and sewer to this location. The developer does not own this land and he is asking to use this land in a way that is different from how it is currently zoned. The residents would like to live among nature on large lots where they can keep their horses or pursue other outdoor interests. The residents cannot take their way of life into the city and why should those who want to live in a city be permitted to move into an area that is incompatible.

David Scott, 5341 Michigan Ave., addressed the Board to state most of the people who live in this area want to get away from the overpopulated areas and crime. Most of the people want to keep this area as rural and peaceful as it is.

Gina Bailey, 126 Club Road, addressed the Board to question whether there is a conflict of interest or an ethical dilemma to the fact that the law firm of Shutts Bowen has a contract with the County regarding land acquisition. A copy of Ms. Bailey’s question was received and filed.

Mr. Groot stated in terms of Shutts & Bowen handling closing activities and real estate transaction on behalf of private property owners, there is no conflict of interest and no unethical activity in terms of land use issues.

Keith Schue, representing Sierra Club of Central Florida, addressed the Board to read into the Record the Sierra Club’s objections (received and filed) to the Plan Amendment. He addressed Attorney Wright’s comments relative to the impact to the black bears and about the eagle being acclimated to an urban environment. He displayed a copy of the site plan showing the preserved area. He stated a large portion of the trees would be removed from the area. The existing site plan does not take into account the U.S. Fish and Wildlife’s recommendation relative to the eagles nearby. He displayed copies of pictures (received and filed) of an eagle’s nest and the onsite roosting tree. A copy of a map showing the location of an eagle’s nest and a copy of the Habitat Management Guidelines were received and filed.

Steve Sorenson, 5250 Michigan Ave., addressed the Board to state his house is located on a mound and every year his drain field gets flooded and he cannot take any more water.

Tom Sheipe, 4730 Orange Blvd., addressed the Board to state he has 6.9 acres and 2.2 acres of it is a pond in which he raises catfish. His property would catch all of the increased pollution from sewage and traffic going up and down Orange Blvd.

Chris Smith, 5420 Nevada Ave., addressed the Board to read a statement relative to Commissioners Van Der Weide and Henley not speaking out on any subjects relating to what is going on, the proposed development not being compatible, comparing the proposed lot sizes with an acre parcel, a road that is used by area residents being blocked off by a wall, what is the point of building walls around properties if it really is consistent with surrounding property uses, and the additional traffic and its burden on the area.

David L. Scott, Michigan Avenue, addressed the Board to state he believes in development, but he believes in reasonable development. He stated 10 homes to 2½ acres is not reasonable, and dividing these properties into small parcels is not beneficial to the environment or the residents.

Roger Grimshaw, 4071 Chickasaw Drive, addressed the Board to respond to Attorney Wright’s comments relative to the eagle.

Robert Bugnacki, 5352 Orange Blvd., addressed the Board to discuss staff’s comments that this proposal is consistent to development in the area. He submitted the comments (received and filed) made by Diane Vass, Kristine Bugnacki, Monte Shoemaker and Chris Smith.

Jack Goebel, 5270 Michigan Ave., addressed the Board to display and review a map (received and filed) showing the zoning of the surrounding areas. He urged the Board to look at this logically, as his property is on the back corner and he will get flooded out if this proposal is developed.

Chairman Henley read comments from the following: Barbara Adkins; Susan Norton; George Olio; Sandra Olio; Elise Hulme; Jerry Bryant; Michelle Bryant; Faith Jones; Robert Bugnacki; Donna McDaniel; Patricia and Gary Varner; A.A. Tony McDaniel; and James Hamilton.

Speaker Request and Written Comment Forms were received and filed.

Attorney Wright stated because of the regulatory scheme, which they work under, this project would have to be approved by the St. Johns River Water Management District (SJRWMD) and other agencies. A threatened and dangered species report will be required and if there are any impacts regarding the eagle, those agencies will deal with it. The SJRWMD requires that the developer deal with water quality and quantity. This project will not flood anyone’s property. There are rigid requirements that make sure the site does not discharge and the SJRWMD will make sure that the stormwater ponds, the percolation of soils and the discharge rate match the predevelopment stage. He commented that the applicant will be bringing sewer and water connections to the site. He stated he will be happy to meet with the residents to discuss these issues in detail.

Discussion ensued between Attorney Wright and the Board relative to meeting with the residents and the Wekiva River Protection Act being outside of the area.

No one else spoke in support or in opposition.

District Commissioner McLain stated the LPA and staff recommended approval of the request and the DCA did not address compatibility. He stated he thinks that staff, the DCA and all the State Agencies will agree that low density residential (4 units or less to the acre) is compatible with Suburban Estates. What the County needs to do is develop a methodology to protect the urban type of lifestyles that people want to have in that area. There are a lot of people who would like to have one-acre home sites, but the trend in this community and others around urban areas are people who do not want large lots but smaller lots. He stated he would like the leadership of the new organization, WATCHDOG, to take advantage of this opportunity to work with the development order by coming up with a way to protect what they want to maintain, and to allow those people who want to move in this development to have what they want. He stated he would like a developer agreement that would make this development compatible with some of the rural characters surrounding this neighborhood, similar to Aloma Woods. He said a copy of the Aloma Woods agreement can be submitted to the WATCHDOG organization. If both organizations cannot come to an agreement on all of these issues, then the Board will have to make that decision.

Upon inquiry by Commissioner Maloy, Ms. Matheny advised a development order would be associated with the rezoning process. The applicant then has 24 months to come back with a final PUD plan and the developer’s commitment agreement. At that time, the specifics to the development will be worked out and brought back to the Board.

Chairman Henley stated he feels that Commissioner McLain has done a great job in trying to deal with the interest of both sides. He stated he hopes that the applicant and the residents look at what has been done in other areas in order to reach an agreement.

Upon inquiry by Commissioner McLain, William Cole, representing CFG, addressed the Board to advise he feels the residents and applicant need to sit down and discuss these issues further.

District Commissioner McLain requested staff to facilitate communication between the two groups.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Planned Development land use; property located north of Orange Blvd., east and west of Indiana Street and north and south of Ohio Avenue, containing approximately 90 acres, CFG at Chapman, Inc., with staff findings, and prior to coming back to the final Development Order, an agreement will be worked out regarding the buffers, etc. and make a good faith effort to negotiate with the neighborhood, and with the District Commissioner to be involved in this effort.

Districts 1, 3, 4 and 5 voted AYE.

TEXT AMENDMENTS

Proofs of publication, as shown on page ________, calling for a request to consider Amendment to Table 2.1 of the Seminole County Comprehensive Plan; and Amendment to the Future Land Use Element (Definition of Suburban Estates Land Use Designation) of the Seminole County Comprehensive Plan, Seminole County, received and filed.

Ms. Matheny stated the first Amendment refers to Future Land Use Densities/Intensities Designation Requirements, Permitted Zoning District and Special Provisions; and the second Amendment refers to the Definition of the Suburban Estates future land use designation. She stated these proposed amendments would: (1) Allow PUD zoning on all properties designated the Suburban Estates future land use designation without the need for a future land use amendment; and (2) Allow lot sizes of less than one acre in the Suburban Estates future land use designation, provided that: (a) Density does not exceed one unit per net buildable acre; and (b) Where accompanied by PUD zoning. She said staff recommended the proposed amendments and the DCA had no comments relative to these amendments.

Keith Schue spoke in support of maintaining no more than one unit per acre.

Frank Shelton, representing Markham Woods Homeowners Association, stated the Board has never done anything that is more vital to the interest in their area. He stated he doesn’t understand how the Board feels that little lots are compatible with the area. He read a letter (received and filed) from the Markham Woods Association, Inc. requesting the Board to rescind the proposed Suburban Estates Land Use change.

At the request of Commissioner Maloy, Ms. Matheny reviewed the benefits of the proposed change. She stated the SJRWMD indicated that they support the text amendment and recommend those areas such as those around the Econ or Wekiva River Protection area that the County consider an overlay in Suburban Estates requiring PUD zoning.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Text Amendment 99S.TXT1, modifying Table 2.3 of the Seminole County Comprehensive Plan; and Text Amendment 99S.TXT2, amending the Future Land Use Element of the Seminole County Comprehensive Plan, with staff findings.

Under discussion and at the request of Commissioner McLain, Frances Chandler, Planning & Development Director, addressed the Board to display and review a map showing what land is vacant and undeveloped and land already developed along Markham Woods Road.

Commissioner McLain stated he feels that Mr. Shelton has been instrumental in providing the County with the Suburban Estates community along Markham Woods Road. He stated the thought of giving the option of allowing someone to cluster a few homes on one-acre home sites rather than having a spare one-acre lot down the road is better for the environment.

Ms. Chandler stated the Markham Woods community has been very successful, but the lots are platted along the roadway into that type of development pattern, with the exception of a couple PUDs.

Mr. Schue stated the Sierra Club has concerns with the possibility of having golf courses in the area. He stated he would discourage this type of use.

Commissioner McLain stated he would like to make an amendment to the motion to restrict golf courses as figuring into the open space for Suburban Estates.

Mr. Groot advised the following sentence can be added at the end of the underline sentence of the Suburban Estates definition: "and provided further however, that uses as golf courses will not be computed as open space for the purposes of meeting requirements of the Land Development Code".

Districts 1, 3, 4 and 5 voted AYE.

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Mr. Groot advised the Ordinance adopting the Comprehensive Plan Amendments would be modified to not include the Brossier Co. Amendment as it was denied. He pointed out that the Klein Amendment will be amended to include "the maximum density shall be 15.2 units per net buildable acre".

Motion by Commissioner Maloy to adopt Ordinance #99-26, as shown on page _________, amending the Seminole County Comprehensive Plan.

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

Districts 1, 3, 4 and 5 voted AYE.

The gavel was returned to the Chairman.

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Mr. Groot stated the proposed rezoning ordinance will not include the Brossier rezoning as it was denied and corrections will be made throughout the ordinance accordingly.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #99-27, as shown on page _________, rezoning property from A-1 to PUD, Wallace Devlin, approval of Development Order, as shown on page ________; rezoning from PUD to PUD, Klein Co., approval of Development Order, as shown on page ________; and rezoning from A-1 to PUD, CFG at Chapman, approval of Development Order, as shown on page _________, as amended.

Districts 1, 3, 4 and 5 voted AYE.

ITEMS FOR FUTURE AGENDA

Robert King, 2211 Black Hammock Road, addressed the Board to state the Mayor of the City of Jacksonville applied for the St. Johns River to be designated as an American Heritage River and it was enacted. He stated an Executive Director has been assigned to govern the American Heritage River status and three committees (upper, middle and lower committees) will be formed. He said the Friends of Lake Jesup are interested in having one of their members be considered for the middle committee. Each local government will be required to appoint a member to these committees and the Board should receive a letter from the Executive Director explaining the process of appointments. The Friends of Lake Jesup would like the Board to consider one of their members as an appointee to the middle committee.

Chairman Henley stated the Board will make a note of Mr. King’s request.

At the request of Commissioner Maloy, Mr. King reviewed what the Friends of Lake Jesup intent is in restoring the St. Johns River and what the County can do to expedite the process.

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Elise Hulme, 5636 Deer Path Lane, addressed the Board to request the Agenda files be made smaller on the website as it takes her a hour or more to print it out.

Mr. Grace stated he will look into placing the graphics on the website as well as the text only.

Ms. Hulme suggested having the Commissioners live in the districts that they represent. Chairman Henley advised that is already a requirement.

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Chairman Henley read comments (received and filed) from Alice MacDowell relative to the Astor Farms property.

Chairman Henley responded the developer has met with the homeowners and they addressed how they plan to address the issues of runoff from the land. He encouraged Ms. MacDowell to attend the public hearing when it comes back to the Board.

Chairman Henley and Ms. MacDowell discussed the drainage issues.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:15 p.m., this same date.

 

ATTEST________________________Clerk_____________________Chairman

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