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 25, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Absent: Commissioner Dick Van Der Weide (District 3)

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

Commissioner Maloy led the Pledge of Allegiance.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-143, as shown on page __________, commending Dr. Jane Polkowski, Health Department Director, for services to Seminole County upon her retirement.

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

Chairman Henley presented the Resolution to Dr. Polkowski, who expressed thanks to the Commissioners for their support of public health. She stated all the dedicated staff members are the ones who truly deserve the recognition. She also thanked

Mr. Grace and all other County staff and Phil Stalvey for their support of public health.

Commissioner Morris expressed his thanks to Dr. Polkowski for her kindness, intelligence and friendship.

Commissioner Maloy acknowledged to Dr. Polkowski that it took a special person to overcome those challenges she faced when she came.

Commissioner McLain stated he would sorely miss Dr. Polkowski.

Chairman Henley introduced Dr. Polkowski’s replacement, Dr. Jennifer Bencie, and asked for the Board’s confirmation of her appointment.

Dr. Bencie thanked the Board for giving her the opportunity to work with them and said she looks forward to working with everyone.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to confirm the appointment of Dr. Jennifer Bencie as the Seminole County Health Department Administrator.

He also stated a request to continue Item #116 has been made and Attorney Ken Wright is present if there are any questions or comments regarding that. He said Attorney Wright needs to know if he should come to the meeting tonight or not. Whereupon, the Board had no questions regarding Attorney Wright’s request.

Chairman Henley stated Item #97 could also be moved to the afternoon meeting if the Board wishes.

The consensus was to move Items #98 and #99 to the afternoon meeting.

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

Assistant County Attorney Stephen Lee addressed the Board to present the Payday Loan Ordinance Report.

Upon inquiry by Commissioner Morris, Attorney Lee advised only two counties (Brevard and Volusia) have responded to the letters sent out.

Commissioner Morris stated one of the problems that concerns him is that an individual could take the same paycheck and write three or four different checks against it to different payroll advance agencies. He said as Attorney Lee goes forward, he hopes the ordinance will not allow someone to fall into that. Whereas, Attorney Lee said the ordinance does not deal with that issue.

Chairman Henley reminded the Board that a joint meeting of all the counties in the region will be held at 1:00 p.m. He said that would be a good time to raise this issue.

Commissioner Morris asked staff to get the process going with the citizens and industry involved, and get a much greater participation from the surrounding counties and jurisdictions around the State by moving the item forward. He said he would direct staff to advertise the ordinance for a public hearing.

County Attorney Robert McMillan discussed that the Board might want to hold off on advertising now and give staff a couple of weeks to talk to the industry and see if there are any changes to be made beforehand. However, Commissioner Morris said during the Legislative Session, the industry was invited but did not participate. He said if there are substantial changes in the first public hearing, staff could readvertise and try to get everyone to the table.

Mr. McMillan said he would work with the County Manager on whether to schedule this in the afternoon or evening meeting.

Motion by Commissioner Morris, seconded by Commissioner McLain, to authorize staff to advertise for a public hearing the proposed Pay Day Loan Ordinance on August 22, 2000.

Under discussion, Commissioner Morris concurred with Commissioner Maloy that staff may want to put in this ordinance the allowable interest rate and fees as in the Title Loan Ordinance in order to be consistent.

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

Chairman Henley stated he received a request (copy received and filed) from a company representative to pull Item #64, Bid–246-00, from the agenda. He advised he indicated that the item should not be pulled, as it is a request to allow staff to negotiate a contract.

Ray Hooper, Purchasing Manager, addressed the Board to advise staff was not considering the one bid, because it was received too late.

Betsy Cohen, Contracts Analyst, addressed the Board to state the bid was returned unopened because it was received after the 2:00 p.m. deadline.

Chairman Henley stated it has not been the County’s policy to extend the deadline. He advised that the company requesting this item to be pulled is on the list to negotiate with.

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Commissioner Maloy stated he received an e-mail on renaming Snow Hill Road (Item #74), but he thinks the citizen had the wrong information.

Maggie Ketcham, Planning and Development, addressed the Board to state the residents voted on changing the name of the segment on Snow Hill Road.

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Commissioner Maloy discussed Item #62, Amendment #1 to RFP-483-00, with Mr. Hooper. He suggested some additional signage for the County Services Building so people can find the Snack Bar.

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

Facilities Maintenance

Chairman Henley suggested going to Item #96 at this time to accommodate the applicant’s representative. There were no objections from the Board.

Gary Schindler, Senior Planner, addressed the Board to present request for approval of final Planned Commercial Development site plan and Developer’s Commitment Agreement for Remington Commercial Park; property located on the southwest corner of SR 434 (Alafaya Trail) and Remington Drive (Lake Hayes Properties – Commercial Lot 5).

Mr. Schindler stated staff has received the plans and recommend approval of the final site plan and Developer’s Commitment Agreement. He requested that the Chairman not sign the Commitment Agreement until the site plan is revised. He explained that there were a few technical issues to be resolved with the Development Review Division; namely, a request for structural information on the retaining wall and a topographical survey. Whereupon, Commissioner Morris stated the District Commissioner can make a motion to authorize the Chairman to sign the Agreement at his satisfaction.

Jim Hall, Cannon and Associates, addressed the Board to state the technical issues should not be of concern to the Board. He said when they provide the revised plan, they will make sure to get the information on the wall to staff. He said he would like to go forward today and get the Board’s approval.

Frances Chandler, Planning and Development Director, addressed the Board to state staff just wanted the Board to know there were some technical things outstanding and they would not bring the site plan to the Chairman to sign unless those are met.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the final PCD (Planned Commercial Development) site plan and Developer’s Commitment Agreement, as shown on page __________, for Lake Hayes Properties – Commercial Lot 5, for property located on the SW corner of SR 434 (Alafaya Trail) and Remington Drive.

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

Mr. Schindler presented the request for approval of final Planned Commercial Development site plan and Developer’s Commitment Agreement; property located on the NW quadrant of the intersection of CR 427 and Longwood-Lake Mary Road (Independent Development, Inc. a/k/a John Jennings).

Mr. Schindler stated staff has no objection to the site plan and Developer’s Commitment Agreement. There was some question about whether the applicant will accept maintenance of the County-owned retention pond. He said Mr. Semanisin is present, and he understands that the applicant will agree to take over maintenance of that pond. There has also been some question about the height of the lighting at 16 feet and Mr. Semanisin will address that. Mr. Schindler said staff has consistently recommended the 16 feet maximum height for outdoor lighting for PUD’s and PCD’s.

Glenn Semanisin, 201 E. Pine Street, representing the property owner, addressed the Board to state that during the Development Review Commission meeting, he did not know the height of the lighting fixtures was an issue. Afterwards, he received a call from the 7-11 Construction Division and was informed that for the most recent construction at 427 and Lake Mary Boulevard, the structure was 20 feet high and they were requested to comply with the Gateway Ordinance for Sanford. They questioned why the County had asked for 16 feet and he could not answer that. He said the property in question is surrounded by M-1 Industrial zoning and across the street is the Circle K. The 7-11 is asking that it be changed from a 16 to 20-foot high lighting fixture consistent with the current orders they are using for their stores. The owner is concerned if they go lower, there would be the need for an increased number of fixtures to provide the foot candle lighting of the parking lot. Mr. Semanisin said there are no residents living nearby.

Upon inquiry by Commissioner Morris, Mr. Semanisin said they will be looking at a joint agreement with the County Engineer where they would be responsible for mowing and maintaining the green portions of the retention pond above the water level. They would provide landscaping in the front of the pond. Whereupon, Commissioner Morris said he wants the landscaping to be more than just some grass.

County Engineer, Jerry McCollum, addressed the Board to state the developer will be contacting him on a joint use agreement and if the Board wishes that to come back to them, it could. He said in this agreement, they can have the developer lay out what landscaping is being proposed.

Commissioner Morris said this is of critical importance along Longwood-Lake Mary Road.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve the final PCD site plan and Developer’s Commitment Agreement, as shown on page __________, for property located on the NW quadrant of the intersection of CR 427 and Longwood-Lake Mary Road; Independent Development, Inc. a/k/a John Jennings; with the condition the Board will see the ultimate joint use agreement on the pond to see what the landscaping provisions will be.

Under discussion of the lighting height, Commissioner Morris stated the 20 feet does not give him a hardship, if it does not give staff a hardship, because of the location and because the store is set back. He asked if there is any lighting on the curve, the northeast corner, that it would be lowered at 16 feet. He said he doesn’t think that would cause a problem, and that would be two or possibly three lights.

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

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Ginger Barrett, Budget Manager, addressed the Board to present the request to approve and authorize proposed millage rates to be included on TRIM notification in accordance with the County Manager’s proposed budget. She reviewed the recommended millages as follows: Countywide, 4.9989; Unincorporated Roads MSTU, .6591; Fire MSTU, 2.0971; and Natural Lands Voted Debt, .1083, for a total of 7.8634.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize proposed millage rates to be included on TRIM notification in accordance with the County Manager’s proposed budget.

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

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Commissioner Maloy stated this came to his attention that the staff had given out the $106,899 figure as the amount that would qualify as a resale home and there were a total of three people who had gone forward on this incorrect information. In speaking with Mr. Balagia, he advised a study was done and he agreed that the County’s numbers were somewhat low. Commissioner Maloy said he thinks it would be good to revise the figures. He said on the resale of homes, he would make the recommended limit at $106,899 to correlate with what the County has been telling people.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-162, as shown on page __________, amending the maximum sales prices for SHIP-assisted housing units to reflect the recommended $110,000 on new homes and $106,899 for resale homes, effective today.

Under discussion, Commissioner Morris said if the motion is approved, Mr. Balagia might want to go back and speak with the Chamber to see if they see the higher numbers as better, after reflecting on this, because they made a quick response.

Commissioner McLain stated he would rather see this continued to this afternoon’s meeting when they have a full Board and can study the matter. He said he would vote against the motion.

During further discussion, Commissioner McLain said he has a serious concern about the Board providing affordable housing money for a family providing a $110,000 home and $5,000 assistance. He said the Board needs to focus on people living in shacks. He said they need to correct their problem with the three families, but he doesn’t think they should raise the level for everybody and not put the money where it is most needed. He thinks there is another way to solve the problem.

Commissioner Morris asked to call the question. Whereupon, Chairman Henley called for the question.

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

The vote on the motion was taken with Districts 1, 2, and 4 voting AYE.

Commissioner McLain voted NAY.

Commissioner Morris stated he believes the County Manager is setting up a special meeting with respect to the conclusion of the budget process, which includes the Community Parks. He asked Mr. Grace if he would consider this item to be handled at that meeting.

Mr. Grace responded he thinks when this was scheduled, he did not know how much detail they would get into at the budget work session.

Suzy Goldman, Director of Library and Leisure Services, addressed the Board to state the content regarding community parks was largely covered during the budget work sessions. Her staff was directed to put the Lake Mills property back as a potential Natural Lands site. She explained this site was considered and has been ruled out in the past. She said that was the remaining item on this briefing.

Commissioners Morris and Maloy discussed what portion of the property might qualify for natural lands.

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

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

Motion by Commissioner Morris, seconded by Commissioner McLain, to approve and authorize expenditure from the Law Enforcement Trust Fund in the amount of $1,073 to provide additional funds for the "Good Student Incentive Program" for Seminole County High School students, to include the Adult High School at Seminole Community College.

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

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Commissioner Morris recognized Commissioner Martinez and his wife, who were sitting in the audience. Chairman Henley expressed to Mr. Martinez that it was good to have them in attendance.

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The Board, thereupon, recessed at 10:53 a.m., reconvening at 1:35 p.m., with all Commissioners (including Commissioner Van Der Weide) and all other Officials (including Clerk of Court Maryanne Morse), with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

Administrative Services Manager, Jamie Croteau, and Purchasing Manager, Ray Hooper, addressed the Board to present request for the Board to select Professional Construction Management Services for the Seminole County New Criminal Justice Center and Renovation of the Existing Courthouse.

Commissioner Morris complemented the staff on this process, stating he believes their report was thorough and comments excellent.

At the request of Commissioner Morris, DCM, Cindy Coto, addressed the Board to report on the volume of work these firms have worked on with the architect.

Matt Clear, Vice President with HKS (architect), addressed the Board to advise of specific jobs his firm has worked on with the construction management companies. He summarized that his firm has, in terms of volume, worked with Turner Construction the most; but all the companies, in his opinion, are highly qualified.

Commissioner Maloy stated be believes this has been a good process and does not believe the Board can make a wrong decision in this case.

At the request of Commissioner Morris, County Attorney, Robert McMillan, reviewed with the Board the voting procedure to be used.

The Board wrote their choice for the #1 ranked firm on their individual business cards (received & filed) and passed them to Mr. McMillan.

Mr. McMillan announced the vote as follows: Commissioners Maloy and Van Der Weide voted for The Haskell Company & Jacobs Facilities, Inc.; Commissioner Morris voted for Clark/DCC Correctional/Judicial Construction Joint Venture; Commissioner Henley voted for Turner Construction Company; and Commissioner McLain voted for Welbro/Ellis-Don Construction & Jack Jennings & Sons, Inc.

Commissioner McLain advised he will change his vote to The Haskell Company. Whereupon, Mr. McMillan advised The Haskell Company is the #1 ranked firm.

The Board then voted for the #2 ranked firm.

Mr. McMillan announced the vote as follows: Commissioners Maloy, Morris, Van Der Weide and Henley voted for Turner Construction Company; and Commissioner McLain voted for Welbro/Ellis-Don Construction. Whereupon, Mr. McMillan advised Turner Construction Company is the #2 ranked firm.

The Board then voted for the #3 ranked firm.

Mr. McMillan announced the vote as follows: Commissioners Maloy, Morris, Van Der Weide and McLain voted for Welbro/Ellis-Don Construction; and Commissioner Henley voted for BEERS/Wharton-Smith, Inc. Whereupon, Mr. McMillan advised Welbro/Ellis-Don Construction is the #3 ranked firm.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to accept the following ranking for Professional Construction Management Services for the Seminole County New Criminal Justice Center and Renovation of the Existing Courthouse: #1 - The Haskell Company & Jacobs Facilities, Inc.; #2 - Turner Construction Company; and #3 - Welbro/Ellis-Don Construction & Jack Jennings & Sons., Inc.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to direct staff, based on the ranking, to bring a negotiated contract to the Board with the selected firm for award of a contract.

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

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Fiscal Services Director, Cindy Hall, addressed the Board to request direction with regard to the Pooled Commercial Paper Loan Program. She advised the proposed budget for FY 2000/01 includes $3,357,671 of anticipated proceeds from the issuance of commercial paper to up-front finance the countywide program to pave unpaved roads. She said this amount of debt will pay for $2,680,000 of the program for FY 2000/01 and will reimburse the General Fund $677,671 for FY 1999/00.

Commissioner Maloy expressed his concern with borrowing money for the current year program when it was already funded by the Board.

Chairman Henley stated he will be voting against the motion because he does not believe it is appropriate for the Board to do this at this time when there is still ongoing discussion on the budget. He also expressed his concern that the Board already funded the paving program for the current year and now they are going to borrow money for it. He reiterated that he believes it is inappropriate to make this decision at this time.

Commissioner Van Der Weide agreed with the Chairman, stating he feels the timing is inappropriate, as this should be part of the budget process. He said he is in support of paving the roads; however, until all the numbers are crunched, he believes this is premature. He further stated that he is not against commercial paper if that is what it takes to do the program, but he does not want to make that decision at this time.

Ms. Hall explained that the reason this is on the agenda at this time is because of the $677,671 (June, July, August & September) reimbursement of the General Fund. If that is to be accomplished, the proposed resolution must be in place and that will allow the County to go back 60 days to recoup that money. She said if the payback resolution is not adopted today, the County will not have the option of recouping the entire amount.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to sign the resolution to reimburse the County for $677,671 of expenditures associated with the unpaved road program from commercial paper proceeds.

Under discussion and upon inquiry by Commissioner Morris, Ms. Hall advised there is no obligation to borrow the money at all.

Mr. Grace advised the Board still has full discretion.

Commissioner Van Der Weide stated that under these circumstances, he would like to keep the option open. However, he does not want anyone to think this is a "done" deal.

Commissioner Morris stated he would like to see an analysis indicating if this were not included in the budget. He said he also would prefer not to use commercial paper for this.

Commissioner McLain stated he also would like to keep the option open. However, he has a problem with borrowing money for a prior year's budget that has already been spent. Commissioner Maloy pointed out there are two actions being requested. One is going back to get the $677,671 and another to proceed with the application process. Discussion ensued.

Commissioner Morris withdrew his second to the motion.

Commissioner McLain withdrew his motion.

Chairman Henley stated if the Board is not going to deal with the payback, all that needs to be done today is the application process.

Mr. Grace stated that if the Board does not adopt the resolution today, they are making the decision that they will not be doing the payback and that means they will have to find $677,671 in the budget.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the staff to proceed with the application process to be included in the Pooled Commercial Paper Loan Program sponsored by the Florida Association of Counties in an amount not to exceed the future needs for the next budget year.

Under discussion, Chairman Henley stated this keeps the commercial paper option open and the amount, time and the purpose will be determined as the Board moves through the budget process.

Ms. Hall questioned whether the Board was keeping the option open so that a different type of project could be used. Whereupon, the Chairman stated that is correct, but it is only for next year's budget.

Upon inquiry by Commissioner Maloy, Ms. Hall advised the application requires a $3,000 fee.

Commissioner Maloy stated that knowing this does not obligate the Board at this time, he does not have a problem with the motion.

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

Commissioner Morris left the meeting at this time.

Clerk of Court, Maryanne Morse, left the meeting at this time.

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

Districts 1, 3, 4 and 5 voted AYE.

Continuation of a public hearing to consider a request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial) and approve Development Order placing staff-requested conditions upon the rezoning, for property located on the north side of US Hwy. 17-92, adjacent to and west of I-4 in Sanford, as described in the proof of publication, William Kirchhoff.

Planner, Gary Schindler, addressed the Board to present the request, advising the BCC voted to deny, without prejudice, the request for C-2 in June, 1999. This gave the applicant time to prepare additional supporting documentation that would further clarify the issue regarding the amount of developable uplands on the site. He further advised that the applicant is seeking the rezoning for the purpose of placing an outdoor advertising sign on a portion of the property and to use the remainder of the property for an undetermined commercial use compatible with the C-2 zoning district. He said Mr. Kirchhoff has provided an environmental report that appears to state the property is Arents (man-made) land and is not extensively covered with wetlands. Staff has reviewed the report and finds that it does not provide any evidence to substantiate this conclusion. Staff has prepared an analysis of the site and determined that the property includes extensive wetland coverage. Staff's analysis supports the requested rezoning only for that portion of the property, which is not classified as jurisdictional wetlands.

John Abi-Aoun, Principal Engineer of Development Review, addressed the Board to display photographs (received & filed) of the subject property and to discuss Memo dated June 27, 2000 from Francisco Torregrosa concerning the ecological assessment of the property. He advised the assessment confirms the presence of jurisdictional wetlands on the property, with the exception of the area impacted by the FPL power line easement.

Upon inquiry by District Commissioner McLain, Mr. Schindler advised staff recommends rezoning a portion of the property along the north side of 17-92 adjacent to and west of I-4, subject to approval of the development order with staff requested conditions. He also advised that the P&Z Commission recommended approval of the rezoning of the entire property.

Commissioner Morris re-entered the meeting at this time.

William Kirchhoff, applicant, addressed the Board to display a copy of the proposed FDOT plan (received & filed) for the bridge improvements to I-4, advising all improvements will be done within the current right-of-way of the interstate and none of the subject property is going to be acquired for it. He stated that the P&Z Commission recommended C-2 and said this is a zoning matter, as the property is shown as commercial on the Comp Plan Land Use Map. They also said that being subject to conservation outlay does not make any difference because if you want to mitigate and fill in, you have other property to work with.

Mr. Kirchhoff stated he would like to amend his request at this time and go with staff's recommendation. He displayed a new legal description (copy received & filed) of the property to be rezoned C-2, stating by doing this, none of the wetlands need to be considered. Whereupon, Mr. Schindler concurred with Mr. Kirchhoff.

Upon inquiry by Section Chief, John Dwyer, Mr. Schindler advised staff has not confirmed the new legal description provided by Mr. Kirchhoff.

Upon inquiry by Commissioner McLain, Mr. Kirchhoff advised the development order needs to be revised to address only the portion of property that is being rezoned.

The meeting was recessed at 2:40 p.m. in order for the applicant and staff to discuss the revised legal description and the development order conditions; reconvening at 2:50 p.m., with all Commissioners and Official in attendance who were present at the Opening Session.

Upon inquiry by the Chairman, Mr. Schindler advised staff and the applicant are in agreement on the legal description, rezoning only that portion of property that is referred to as the power line easement going to the east property line.

Discussion ensued between Commissioner Morris and Mr. Kirchhoff with regard to erecting a billboard on the site.

Commissioner Morris questioned if Mr. Kirchhoff would want to sell the property for natural lands. Whereupon, Mr. Kirchhoff stated that has not been considered, but he could explore that avenue.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-38, as shown on page ________, rezoning from A-1 (Agriculture) to C-2 (Retail Commercial), property described as on the north side of US Highway 17-92 adjacent to and west of I-4 in Sanford, William Kirchhoff, per staff recommendation; and to approve Development Order, as shown on page _______, placing staff-requested conditions upon the rezoning.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris voted NAY.

Proof of publication, as shown on page ______, calling for a public hearing to consider a request to vacate portions of Lexington Street, Ohio Avenue, Rockford Street and Astor Avenue; said right-of-ways being located generally northwest of Orange Boulevard and south of the St. Johns River, Tanner Road, Inc., c/o Harling Locklin & Associates, Inc., received and filed.

Principal Planner, Matt West, addressed the Board to present the request, distributing the proposed resolution with a revised legal description. He advised a portion of Lexington Street can be included in the next vacate application.

Elise Hulme, 5636 Deer Path Lane, addressed the Board to speak in support.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-163, as shown on page _______, vacating and abandoning portions of Lexington Street, Ohio Avenue, Rockford Street and Astor Avenue; said right-of-ways being located generally northwest of Orange Boulevard and south of the St. Johns River, as described in the proof of publication, Tanner Road, Inc., c/o Harling Locklin & Associates, Inc.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider request to rezone from R-1 (Single Family Dwelling) to PCD (Planned Commercial District); for property located on the east side of CR 15, approximately 600 feet north of Church Street; approval of the associated site plan; and approval of the development order placing staff-requested conditions upon the rezoning and site plan approval, Kevin & Linda Felgenhauer, received and filed.

Planner, Amanda Smith, addressed the Board to present the request, advising the rezoning is for the development of an office building and associated warehouse.

John Reynolds, representing the applicant, addressed the Board to advise he concurs with the staff's recommendations.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-39, as shown on page _________, rezoning from R-1 (Single Family Dwelling) to PCD (Planned Commercial District); property located on the east side of CR 15, approximately 600 feet north of Church Street, as described in the proof of publication, Kevin & Linda Felgenhauer; approve associated site plan; and approve the Development Order, as shown on page _______, placing staff requested conditions upon the rezoning and site plan approval.

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

No report.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-164, as shown on page ________, commending Verdell Pugh for her service as a member of the Disability Advisory Board.

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

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Commissioner Morris stated he believes it is important to consider looking at a renewal of a portion of the Natural Lands Referendum. He said this would be separate from anything to do with the 1 cent sales tax.

Chairman Henley requested staff to report back to the Board on same.

Commissioner Van Der Weide reported that in working with the Wekiva, Sabal Point and Sweetwater Homeowners Associations it appears there is a good possibility that the Wekiva Marina Property could be purchased.

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

1. Letter dated 6/21/00 to Chairman (with attachments) from Janet Snyder Matthews, State Historic Preservation Officer re: The Ritz Theater. (cc: BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director)
2. Memorandum dated 6/26/00 to Distribution List (with attached ordinances) from Doris-Anne Freeman, Administration Assistant-City of Altamonte Springs re: Annexations. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)
3. Copy of letter dated 6/27/00 to Karin Taylor (with attached correspondence) from Paul Hartsfield, Forest Area Supervisor-Seminole County re: Fire threat near YMCA. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Safety Director)
4. Memorandum dated 6/29/00 to BCC (with attachments) from Janet Davis, Human Resources Director re: Turnover & 1% salary adjustment analysis. (cc: Co. Manager, Deputy Co. Manager [Coto], Fiscal Services Director)
5. Memorandum dated 6/28/00 to Chairman from Tyra Miller, Administrative Director-Property Appraiser Office re: 17/92 Community Development District 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director, Capital Programs Analyst)
6. Copy of memorandum dated 6/28/00 to Russel Hauck, Mayor, City of Altamonte Springs from Tyra Miller, Administrative Director-Property Appraiser Office re: Altamonte Springs Redevelopment District 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Altamonte Springs City Manager, Deputy Director Altamonte Springs Redevelopment District, Altamonte Springs Finance Director, Sem. Co. Fiscal Services Director)
7. Copy of memorandum dated 6/28/00 to Bruce Pronovost, Mayor City of Casselberry from Tyra Miller, Administrative Director-Property Appraiser Office re: Casselberry Redevelopment District 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Casselberry City Manager, Finance Director Casselberry, City Clerk Casselberry, Sem. Co. Fiscal Services Director)
8. Copy of memorandum dated 6/28/00 to Bruce Pronovost, Mayor, City of Casselberry from Tyra Miller, Administrative Director-Property Appraiser Office re: 17/92 Community Redevelopment District in Casselberry 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Casselberry City Manager, Finance Director Casselberry, City Clerk Casselberry, Sem. Co. Fiscal Services Director, Sem. Co. Capital Programs Analyst)
9. Copy of memorandum dated 6/28/00 to Larry Dale, Mayor, City of Sanford from Tyra Miller, Administrative Director-Property Appraiser Office re: Seminole Towne Center Redevelopment District 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Sanford City Manager, Sanford Finance Director, Sem. Co. Fiscal Services)
10. Copy of memorandum dated 6/28/00 to Larry Dale, Mayor, City of Sanford from Tyra Miller, Administrative Director-Property Appraiser Office re: Sanford Waterfront/Downtown Redevelopment District 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Sanford City Manager, Sanford Finance Director, Sem. Co. Fiscal Services Director)
11. Copy of memorandum dated 6/28/00 to Larry Dale, Mayor, City of Sanford from Tyra Miller, Administrative Director-Property Appraiser Office re: 17/92 Community Redevelopment District in Sanford 2000 Preliminary Values. (cc: BCC, Co. Manager, Deputy Co. Managers, Sanford City Manager, Sanford Finance Director, Sem. Co. Fiscal Services Director, Sem. Co. Capital Programs Analyst)
12. Copy of letter dated 6/29/00 to Michael Nicholson, County Secretary-Wicklow County Council, Wicklow Ireland (with attached correspondence) from Chairman re: Opening of "Seminole Room". (cc: BCC, Co. Manager)
13. Copy of letter dated 6/29/00 to Diane Pickett, Time Warner Communications from Matt Chesler, Cable Franchising Coordinator re: 5% Franchise fees. (cc: Jerry Martin, Time Warner General Manager, Assistant Co. Attorney, Information Technologies Director, Telecommunications Manager, Co. Manager, Deputy Co. Manager [Marino], BCC)
14. Letter dated 6/27/00 to Chairman (with attached quarterly report) from Dr. Jane Polkowski, Health Department Director re: FY 99/00 Second Quarter. (cc: BCC, Co. Manager, Director Community Services)
15. Memorandum dated 6/29/00 to BCC (with attached correspondence) from James Marino, Public Works Acting Director re: Letters of appreciation. (cc: Co. Manager)
16. Memorandum dated 7/3/00 to BCC (with attached) from Cindy Coto, Deputy Co. Manager re: Current Pay Scale for Local 3254. (cc: Co. Manager)
17. Letter dated 6/29/00 to BCC from Linda Batman, Chairman, Sem. Co. Historical Commission re: Status of Museum Complex vision. (cc: Co. Manager, Deputy Co. Manager [Coto], Library & Leisure Services Director)
18. Letter dated 6/26/00 to Chairman from Edward Wilson, Program Administrator-Fla. Dept of Health re: Denial of $11,305 matching grant. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Public Safety Director.
19. Letter dated 6/26/00 to Chairman from Edward Wilson, Program Administrator-Fla. Dept of Health re: Denial of $9,900 matching grant. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Public Safety Director.
20. Letter dated 6/29/00 to Chairman from Ray Eubanks, Community Program Administrator-Dept. of Community Affairs re: Receipt of Comprehensive Plan Amendments. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development Director, Comprehensive Planner)
21. Letter dated 6/28/00 to Chairman (with attachment) from Bill Suber, Property Appraiser re: Sem. Co. Road Improvement District DR 420. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Fiscal Services Director)
22. Copy of letter dated 6/28/00 to Ken Roberts, Public Safety Director (with attachments) from Bill Suber, Property Appraiser re: Sem. Co. Fire District DR-420. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)
23. Letter dated 6/28/00 to Chairman (with attachment) from Bill Suber, Property Appraiser re: Sem. Co. Stormwater DR 420. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Fiscal Services Director)
24. Letter dated 6/28/00 to Chairman (with attachment) from Bill Suber, Property Appraiser re: BCC DR 420. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)
25. Memorandum dated 6/26/00 to BCC from Kevin Grace, Co. Manager re: Acting Co. Manager during vacation. (cc: Deputy Co. Managers)
26. Notice and agenda for 7/3/00 City of Oviedo Council Meeting.
27. Memorandum dated 6/27/00 to BCC (with attachments) from Cindy Hall, Fiscal Services Director re: Budget Change Request approved by County Manager. (cc: Co. Manager, Deputy Co. Managers)
28. Letter dated 6/27/00 to BCC (with attached ordinance) from Janet Dougherty, Sanford City Clerk re: Annexation Ordinance #3568. (cc: BCC, Co. Manager, Planning & Development)
29. Letter dated 6/13/00 to BCC from Pamela Clark, Chairman Disability Advisory Council re: A+ Link Issues and concerns. (cc: Co. Manager, Deputy Co. Manager [Marino])
30. Memorandum dated 6/23/00 to BCC from Suzy Goldman, Library & Leisure Services Director re: Sem. Co. History Museum Hours. (cc: Co. Manager, Deputy Co. Manager [Coto], Museum Specialist)
31. Copy of letter dated 6/15/00 to Hugh Harling, Harling Locklin & Associates from Lake Lenelle Homeowners re: Osprey Lakes Development. (cc: BCC, Development Review Planner, Natural Lands Planner, SJRWMD)
32. Facsimile dated 6/26/00 to BCC from Lou Musica, Eller Media re: Creation of new mixed land use zoning districts. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development Director, Zoning Chief)
33. Facsimile dated 6/29/00 to BCC from Elise Hume, Head Coach Special Olympics Sem. Co. Equestrian Team re: Support for Winter Miles purchase. (cc: Co Manager, Deputy Co. Managers, Library & Leisure Services, Planning & Development)
34. Contract for services, as shown on page _______, between Seminole Co. Parks and Recreation and the following: Chris Kelley (Score keeper-Slow pitch), Rashawn Bullock (Score keeper-Slow pitch).
35. Copy of letters dated 6/14/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Marlene Becker, Soni, Kathy & Eubert Austin, Charles Williams Jr., Barbara McCloskey, Jeni Batton, Brenda Tagliani, Michael Cannata, Dawn Gardiner, Linda Bei, Peter & Brenda Lepuschitz, David & Pennie Kolinski, Kathleen Campbell, Brandyce Burgess, Renee Relac, Jeff Yeager, Quincy Ticconi, Sidney Schneps, Sharod Jackson, Chris McCormick, Wesley & Ann Colon, Harriette Pastrana, Nancy Doninger.

1. Copy of letter dated 7/3/00 to Chris Adamik from Randall Farwell, Lynx Director of Planning re: Additional bus stop on SR 434. (cc: Byron Brooks-Interim Lynx Executive Director, Lynx Board, BCC, Co. Manager, Ken Fischer)
2. Copy of letter dated 7/7/00 to Will Wellons, the Orlando Sentinel from E. Everett Huskey, Realtor re: County Commission salaries. (cc: BCC, The Orlando Sentinel Editor)
3. Memorandum dated 7/7/00 to BCC from Cindy Hall, Fiscal Services Director re: Item text copies. (cc: Co. Manager, Deputy Co. Managers, Department Directors, Division Managers)
4. Facsimile dated 7/10/00 to CoCo Wu, Minor Projects Engineer (with attached memorandum to Stacey Pullman) from Peggy Green-Big Oaks Ranch re: Traffic Counts. (cc: BCC, Principal Planner Traffic Engineering, Co. Manager, Deputy Co. Manager [Marino])
5. Copy of memorandum dated 6/30/00 to John Jones, Senior Coordinator-Economic Development from Kevin Grace, County Manager re: Travel Card/Expense Reimbursement. (cc: BCC, Clerk of the Court)
6. Notice of Change of Land Use Comprehensive Plan Amendment transmittal hearings for the City of Oviedo on 7/20/00 and 8/7/00. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development)
7. Notice and agenda for 7/11/00 Sanford Airport Authority Board Meeting.
8. Memorandum dated 7/7/00 to BCC (with attachment) from Ray Hooper, Purchasing Manager re: Request for Professional Construction Management Services. (cc: Deputy Co. Manager [Coto], Fiscal Services Director)
9. Letter dated 7/5/00 to Lori Solitro, Community Development Office from Verdell Pugh re: Resignation from Disability Advisory Council. (cc: BCC, Co. Manager, Planning & Development [for response])
10. Minutes for 6/15/00 Seminole County Historical Commission.
11. Copy of letter dated 7/6/00 to Mark Rudolph, Executive Director-USA Rugby from Chairman re: Support of upcoming event. (cc: BCC, Co. Manager, Tourism Director)
12. Copy of letter dated 7/6/00 to Angie Birchler, US Waterpolo from Chairman re: Support of upcoming event. (cc: BCC, Co. Manager, Tourism Director)
13. Copy of letter dated 7/6/00 to Kim Cavendish, President-Orlando Science Center from Chairman re: Support of Healthy Lifestyles program. (cc: BCC, Co. Manager)
14. E-mail dated 7/3/00 to BCC from Jeff Covelli re: Support for purchase of Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Library & Leisure Services, Planning & Development)
15. Copy of letter dated 7/4/00 to Frances Chandler, Director Planning & Development from Tony Tizzio re: Resignation from Disability Advisory Council. (cc: BCC, Co. Manager)
16. Copy of memorandum dated 6/30/00 to Sandy McCann, Co. Records from Kathryn Brown, Sr. Planner-One Stop Permitting re: Submissions into Official Records. (cc: Co. Manager, BCC, Environmental Services Director)
17. Contract for services, as shown on page ________, between Seminole Co. Parks & Recreation and Noah Tyler (Tennis instructor).

1. Letter dated 7/13/00 to BCC (with attached) from Byron Brooks, Lynx Interim Executive Director re: Proposed FY 2000/01 Budget. (cc: Lynx Board of Directors, Co. Manager, Fiscal Services Director, Transportation Specialist, Rob Gregg-Lynx Assistant Executive Director, Bill Schneeman-Lynx Director of Operations, Randy Farwell-Lynx Director of Planning)
2. Copy of letter dated 7/14/00 to Tony Tizzio from Frances Chandler, Planning & Development Director re: Appreciation for serving on Disability Advisory Council. (cc: BCC)
3. Copy of letter dated 7/12/00 to Verdell Pugh from Frances Chandler, Planning & Development Director re: Appreciation for serving on Disability Advisory Council. (cc: BCC, Disability Advisory Council Members, Co. Manager, Deputy Co. Manager [Marino], Disability Council Coordinator, Program Manager)
4. Minutes from 6/8/00 Tourist Development Council Meeting.
5. Notice and Agenda for 7/17/00 City of Oviedo Council meeting.
6. Letter dated 7/11/00 to Chairman from Anne Franklin-Peiper re: Appreciation for recycling efforts in Seminole County. (cc: BCC, Co. Manager, Deputy Co. Managers, Environmental Services Director)
7. Memorandum dated 7/11/00 to BCC (with attached correspondence) from Cindy Coto, Deputy Co. Manager re: Tuskawilla Road Screen Wall. (cc: Co. Manager, Deputy Co. Manager [Marino], Purchasing Manager)
8. Letter dated 7/11/00 to Kevin Grace, Co. Manager (with attached Ordinance #3568) from Janet Dougherty, Sanford City Clerk re: Annexation. (cc: Planning & Development Administration, Property Appraiser)
9. Letter dated 7/11/00 to Kevin Grace, Co. Manager (with attached Ordinance #3567) from Janet Dougherty, Sanford City Clerk re: Annexation. (cc: Planning & Development Administration, Property Appraiser)
10. Copy of letter dated 7/12/00 to Betty Rundell from Chairman re: Medical Examiner in Seminole County. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Community Services Director, Jim Ward-Chairman, Volusia Co.)
11. Local Government Monthly Mailer-July 2000 from St. Johns River Water Management.
12. Notice and agenda for 7/11 & 7/12/00 St. Johns River Water Management Governing Board meeting.
13. Letter dated 6/30/00 to BCC (with attached report) from Randy Johnson, President/CEO and Kevin Coulthart, Seminole Co. Marketing Manager, Central Fla. Sports Commission re: May 2000 Activities.
14. Memorandum dated 7/10/00 to BCC (with attached plans) from Frances Chandler, Planning & Development Director re: Environmental Studies Center Expansion. (cc: Co. Manager, Deputy Co. Managers, Library & Leisure Services Director, Planning & Development Administrative Manager, Greenways & Trails Planner, Natural Lands Coordinator, Planning & Development Sr. Planner, Parks & Recreation Trails Operations Coordinator)
15. Copy of memorandum dated 7/11/00 to Members of the Local Planning Agency (with attached e-mail response) from Nancy Roberts, Planning & Development Sr. Planner re: Chuluota Nonresidential Design Standards Zoning Overlay Ordinance. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development Director, Assistant Co. Attorney, Development Review Principal Planner, Ginger Corless-HHI, Binoy Panicker-HHI)
16. Copy of letter dated 7/10/00 to Dan Flynn, Secretary General-US Soccer Federation from Jack Wert, Tourism Executive Director re: Consideration to host US Soccer. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Brian Fleming)
17. Letter dated 7/10/00 to BCC (with attachment) from Congressman John Mica re: Transit funding. (cc: Co. Manager, Deputy Co. Managers)
18. Copy of facsimile dated 7/12/00 to CoCo Wu, Minor Projects Engineer from Peggy Green re: Big Oaks Ranch Traffic study. (cc: BCC, Co. Manager, Deputy Co. Managers)
19. Agenda for 7/13/00 Disability Advisory Council meeting.
20. Minutes from 6/8/00 Disability Advisory Council meeting.
21. Memorandum dated 7/6/00 to BCC & Kevin Grace, Co. Manager from Tom George, Road Operations thru Jim Marino, Deputy Co. Manager re: Bring Your Child to Work Day.
22. Letter dated 7/7/00 to BCC (with attached notice) from Janet Dougherty, Sanford City Clerk re: Annexation Ordinance #3567. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development Director)
23. Copy of letter dated 7/10/00 to Bill Suber, Property Appraiser (with attached) from Darrell Smith, Budget Services Director-Department of Revenue re: FY 2000/01 Budget. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)
24. Copy of letter dated 7/6/00 to Gary Burns, Legislative Director for Congressman John Mica (with attachments) from Franklin Martz, Planning & Special Projects Manager-City of Altamonte Springs re: North Orange/South Seminole ITS enhanced circulator system. (cc: As listed)
25. Memorandum dated 6/26/00 to BCC from Marjorie Morgenstern re: Life in Seminole County.
26. Notice and agenda for 7/10/00 Seminole Co. Port Authority meeting.
27. Copy of letters dated 6/28/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Cornelia Dietzel, Barbara Haynie.

1. Memorandum dated 7/24/00 to BCC (with attached fact sheet) from Phillip Stalvey, Director, Community Services through Kevin Grace, Co. Manager re: Mosquito Control.
2. Memorandum dated 7/24/00 to BCC (with attachments) from Betsy Cohen, Contract Supervisor re: Professional Construction Management Services. (cc: Fiscal Services Manager, Purchasing Manager)
3. Memorandum dated 7/20/00 to Distribution List (with attachments) from Doris-Anne Freeman, Administrative Assistant-City of Altamonte Springs re: Annexations approved by City Commission. (cc: BCC, Co. Manager)
4. Facsimile dated 7/24/00 to Commissioner Maloy from Thomas Daly, President-Daly Design Group re: Proposed Billboard at Aloma & Tuskawilla Road. (cc: BCC)
5. Notice of Public Hearing on 8/3/00 for Planning & Zoning Commission-City of Sanford. (cc: BCC, Co. Manager, Planning & Development)
6. Notice of Public Hearing on 8/14/00 for City of Sanford. (cc: BCC, Co. Manager, Planning & Development)
7. Memorandum dated 7/20/00 to BCC (with attached scoring sheets) from David Medley, Manager, Community Assistance through Phillip Stalvey, Director, Community Services re: CSA Scoring Criteria. (cc: Co. Manager, Deputy Co. Managers, Fiscal Services Director)
8. Letter dated 7/19/00 to Chairman (with attachments) from Lou Musica, Real Estate Representative-Eller Media re: Rebuilding of non-conforming billboards. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Co. Attorney, Planning & Development, Zoning Chief)
9. E-mail dated 7/19/00 to BCC from Kathy Raue re: Winter Park for Park Land. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
10. Facsimile dated 6/13/00 to Oviedo Councilmen & Seminole Co. Commissioners from Barbara Walker Seamans-President, Old Downtown Development Group of Oviedo re: Support for Winter Miles Facility. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
11. Copy of letter dated 7/18/00 to Pamela Clark, Chair-Seminole Co. Disability Advisory Council from Bill Schneeman, Lynx Director of Transit Operations re: Lynx’s A+ program. (cc: Byron Brooks, Lynx Interim Executive Director, BCC, Co. Manager, Deputy Co. Manager [Marino], Ron Jones-Lynx Manager of Paratransit, Jack Couture-Chairman Lynx AAC, Doreen Kirk-Lynx AAC)
12. Letter dated 7/17/00 to Chairman from Thomas Burt, SHIP Administrator re: Revisions to Seminole Co. Local Housing Assistance Plan. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
13. Copy of letter dated 7/10/00 to Sheriff Eslinger from Carla Sims, Traffic Safety Administrator-FDOT re: Seminole Co. DUI Enhancement Project. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services, Keith Betham, Mike Soto, Paula Fountain)
14. Memorandum dated 7/18/00 to Commissioner Maloy from Lynn Vouis, Assistant Co. Attorney through Robert McMillan, Co. Attorney re: Compensation for Pre-condemnation activities. (cc: BCC)
15. Copy of letter dated 7/16/00 to Kevin Grace, Co. Manager from Sandra Glenn, Executive Director-East Central Florida Regional Planning Council re: Annual Assessment. (cc: BCC, Fiscal Services, Planning & Development)
16. Letter dated 7/18/00 to Chairman from Betty Rundell re: Medical Examiner. (cc: BCC, Co. Manager, Deputy Co. Managers, Community Services Director)
17. E-mail dated 7/18/00 to BCC from Cynthia Rodriquez re: Support for purchase of Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
18. E-mail dated 7/18/00 to BCC from Debbie Shulman re: Support for purchase of Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
19. E-mail dated 7/18/00 to Commissioner Maloy from Cynthia Rodriquez re: Winter Miles. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
20. E-mail dated 7/18/00 to BCC from Rita McKinzie re: Sidewalks. (cc: Co. Manager, Deputy Co. Manager [Marino], Engineering)
21. Copy of letter dated 7/18/00 to Mayor Dale, City of Sanford (with request attached) from Chairman re: Joint work session to discuss conference center. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Tourism Executive Director, Russ Hauck-TDC Chairman)
22. E-mail dated 7/17/00 to BCC from Jeffrey Payne re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
23. E-mail dated 7/15/00 to BCC from LukersHS re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
24. Copy of letter dated 7/17/00 to Karin Taylor from Cindy Coto, Deputy Co. Manager re: Potential fire threat. (cc: BCC, Co. Manager, Public Safety Director, Paul Hartsfield-Dept. of Agriculture, Marie Hoswere-Administrative Director YMCA)
25. Memorandum dated 7/18/00 to Sandy McCann, Co. Records from Kathryn Brown, Sr. Planner-One Stop Permitting re: Submissions into official records. (cc: Co. Manager, BCC, Environmental Services Director)
26. Copies of letter dated 7/17/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Lisa Trapane, Tim Maulden, Holly Marvin, Robert Foley, Charles & Carol Bilz, Nakia Taylor, Meredith Glessner.

Commissioner Morris briefly discussed the East Central Florida Regional Planning Council Regional Development Study.

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Chairman Henley reminded the Board of the Regional Commissioners Meeting scheduled for July 26, 2000 at the International Speedway in Daytona Beach.

Mr. Grace advised he has been unable to schedule another budget work session because of Commissioners' calendar constraints. He said if he is unsuccessful in scheduling another meeting, he will add this to the agenda for the next regular meeting under the County Manager's Report.

Chairman Henley requested Commissioners to give the County Manager any discussion items that have not been revealed to date.

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Mr. Grace advised that the School Board is requesting a joint meeting to discuss the Environmental Center.

Chairman Henley advised the Board's priority is the special budget meeting.

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A brief discussion ensued between the Board and Mr. Grace with regard to scheduling a meeting with the City of Oviedo regarding the Winter Miles property.

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The Board, thereupon, recessed at 3:24 p.m., reconvening at 7:06 p.m., this same date with all Officials, with Deputy County Manager James Marino replacing County Manager Kevin Grace and Assistant County Attorney Stephen Lee replacing County Attorney Robert McMillan, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Dixon Road Paving and Drainage Municipal Services Benefit Unit, received and filed.

Lin Polk, MSBU Coordinator, addressed the Board to state the final cost for the proposed MSBU came in at 11% under the estimated cost for the project. The total cost of the project is $224,280.18 with the up-front payment to be $97,140.09 or $13,070.09 over a 10-year period. She stated she has provided the Board with a revised copy of Exhibits A and B (received and filed) showing adjustments made to the interest. The adjustments reduce the assessments that were reflected. She said the Board has been provided with a detail of the expenses for the construction of the project and a copy of the original petition.

Pastor Greg Freeman, Wekiva Assembly Church, addressed the Board to state Dixon Road was a County maintained road up until 1972. He said at that time a directive was given to stop the regular maintenance of Dixon Road on the west side of I-4, and he believes the maintenance also ceased on the east side. It was bermed up because the subdivision development had certain regulations regarding many crossings being allowed across railroad tracks. An agreement was approved to close that dirt road so that another road could be opened for ingress and egress into the Mandarin Subdivision. That road has been a hindrance to the community. The church has tried to get this road opened for a number of years. He stated he is asking the County to allow them to have compensation for the difference of cold paving and hot paving. This road has provided their community with a safety factor. Everyone going in and out of their property would drive down Sunshine Blvd. right through a busy neighborhood. This has almost eliminated that traffic pattern and it enhances the safety to the community. He stated he is asking the County to give the community the difference between the hot and cold paving.

Commissioner Morris stated the issue here is this was approved by the Board at the community’s request prior to the Board making a determination to go forward with the cold paving process. The primary reason is to get a rebate of the difference between the cost of the cold paving versus the full-blown road. He stated he would like Pastor Freeman to explain the minutes of 1972 that were submitted to the Board.

Pastor Freeman stated the road was bermed up in allowing thru-traffic and the minutes reflect that the road was taken off the County maintenance at that time. The railroad tracks were the reason the road was blocked and those tracks were removed about ten years ago. He stated he believes the road should have been opened to provide safe, direct access to the church’s property. He added he believes this road would have been a candidate for the road paving program and the community would never have needed to seek the MSBU program at their expense.

Upon inquiry by Commissioner McLain, James Marino, Deputy County Manager, addressed the Board to advise he cannot give the Board an answer on the difference between the cost per mile to do cold paving versus hot paving.

Commissioner Van Der Weide stated he believes the Board needs this information in order to make an intelligent decision on this item.

Mr. Marino stated it would probably be around $25,000 or $30,000.

Commissioner Maloy stated the Board may set a precedent in other MSBU’s where they may want to make a similar claim to have cold paving deducted from the regular paving.

Ms. Polk stated both constructions are completed and the assessments are already being collected. What the Board is asking would set a precedence under the MSBU program.

Commissioner Van Der Weide stated he is not sure if the Board has enough information to make an intelligent decision. He stated he has concerns moving forward on this without getting information on the potential impact.

Charles Williams, 155 Wisteria Dr., addressed the Board to state he has been at the church since the first day it started. He stated the church has tried for many years to get that road opened to make it passable for everyone to get in and out. The road has been helpful to him and an improvement to the community. It would be beneficial to the church if they could be favored under the paving program. He stated he would encourage the Board to get the figures so they can make the right decision.

Jeri Pile, 3905 Sybelia Dr., addressed the Board to state he believes the error occurred when the minutes reflected that Dixon Road is closed for maintenance. The road was renamed on the east side of the property to Northridge and it was paved at that time. He stated he would appreciate any consideration the Board can give under these circumstances.

Chairman Henley stated there is no doubt in his mind that this would be precedent-setting and would bring forth a lot more requests.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated if this road had been opened and maintained for all those years, there wouldn’t have been problems with the cut-through traffic and safety issues. This is a road that should be a County road, maintained and paved for many reasons. One is access from both ends, and for the community and safety. The County used to have a bank credit line for MSBUs and what they now have is $450,000 of left-over road money that is being used as a bank to finance these MSBUs. That money needs to be used for what it is designed for and some of that money could be transferred back to the General Fund. It would be simple to go to a bank to obtain a line of credit for MSBUs and let the people pay the bank. In order to cut down the problems of grid lock, the County should share the cost of this road 50/50 with the property owners.

Motion by Commissioner McLain to split the cost (50/50) of the Dixon Road Paving and Drainage MSBU.

The Chairman called for a second to the motion three times without response, whereupon the motion died for lack of a second.

Commissioner Morris stated he believes the current rule of funds used for MSBUs is a good use at a better rate than you can get at the bank. He stated he would have to concur with the issues that Commissioners Maloy and Henley brought up. Staff was unable to provide proper answers to Commissioner Maloy’s question, therefore, he believes that this issue should be researched.

Commissioner Van Der Weide stated he doesn’t believe the Board should consider this tonight because they have to be good stewards with the taxpayers’ money. He stated he feels the District Commissioner should continue this item until staff can adequately give them all the details.

Commissioner McLain stated he doesn’t want to tie this issue with other MSBUs because there are other good reasons to do it. He stated this road had poor access, no thru-traffic, and poor public safety, therefore it should have been opened for public safety. He added if the Board starts tying this to the other MSBUs and cold paving, then they will have all the problems in which the Board members are concerned about. The County could partner on this road and have the right reasons for doing it without tying it to the cost of cold paving.

Commissioner Maloy stated he feels the impact of this could be extremely high and it is going to be very hard to sort it out.

Motion by Commissioner Morris, seconded by Commissioner McLain to continue to August 22, 2000 at 7:00 p.m., or as soon thereafter as possible, the request for the Dixon Road Paving and Drainage MSBU, as described in the proof of publication, to give staff time to resolve the questions of the Board and to report back to them.

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

Commissioner McLain left the meeting at this time.

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Springs Landing Street Lighting Construction Municipal Services Benefit Unit, received and filed.

Ms. Polk advised the total cost of the project is $29,587.04. She stated the total up-front cost would be $182.64.

Commissioner McLain reentered the meeting at this time.

Ms. Polk stated the final assessment over a two-year period is $199.36.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-165, as shown on page __________, establishing the final assessments for the Springs Landing Street Lighting Construction Municipal Services Benefit Unit, as described in the proof of publication.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Coach Light Estates Street Lighting Construction Municipal Services Benefit Unit, received and filed.

Ms. Polk stated the total cost of the project is $16,330.83 and the final assessment up-front cost is $347.46. The final assessment over a two-year period is $379.28. She stated 77% of the property owners voted approval of the MSBU.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-166, as shown on page _________, establishing final assessments for the Coach Light Estates Street Lighting Construction Municipal Services Benefit Unit, as described in the proof of publication.

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

Continuation of a public hearing to consider Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI); property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright.

Chairman Henley advised the applicant is requesting that this item be continued to August 8, 2000.

Upon inquiry by Commissioner McLain, Attorney Ken Wright, Shutts & Bowen, addressed the Board to advise Matt West, Principal Planner, has indicated that there may be some issues that will arise as a result of the M&M study and it may have to do with their fair share to some improvements. He stated he has not seen that to date and if for some reason he is unable to get it resolved at that time, he will submit a letter of request.

Commissioner McLain stated he wants to make sure that the schedule is not messed up if the applicant cannot resolve all the issues on this item.

Attorney Wright stated he would prefer continuing this item to the first meeting in August. He stated he would like a chance to review the M&M study to make a decision and he will notify the Board within the next couple of days if he will have a problem.

Commissioner Morris asked if there is any way to continue this item indefinitely to allow Mr. Wright and staff time to bring this item back to the Board when they are ready.

Matt West, Principal Planner, addressed the Board to advise the only expense this would entail is the cost of another advertisement.

Attorney Wright stated within the next day or so, he will be able to assess whether or not he can address this item during the first meeting in August.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue to August 8, 2000 at 7:00 p.m., or as soon thereafter as possible, Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI), property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright.

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

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The Chairman recessed the meeting at 8:10 p.m., reconvening at 8:17 p.m., with all Commissioners being present.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the northeast corner of SR 46 and Oregon Avenue; approve associated preliminary PUD Master Plan; and approve Development Order placing staff requested conditions upon the rezoning and master plan approval, Kenneth W. Wright on behalf of NW Oregon Ltd., received and filed.

Gary Schindler stated the PUD includes a total of 72.90 acres. The PUD is divided into six (6) lots with Lots 1-5 totaling 230,000 square feet of floor area of commercial development. Lot 6 is being proposed for multiple family development with a total of 300 apartment units. Lot 1 has a total of 19.07 acres and will consist of a shopping center with a total of 180,000 square ft. of retail area, including 3 outparcels. Outparcel 1A consists of 1.03 acres and is proposed to be developed with a maxmimum of 8,000 square feet of retail or restaurant. Outparcel 1B consists of 1.23 acres and is proposed to be retail development. It appears that this parcel will develop as a convenience store with gas pumps. Outparcel 1C is proposed to be developed with a maximum of 8,000 sq. ft. of retail and/or restaurant development.

Mr. Schindler stated Lots 2 – 5 consist of 5.6 acres and a maximum of 26,000 sq. ft. of retail area is being proposed. Lot 6 consists of 18.03 acres and with a maximum of 300 dwelling units, the density equals to 16.6 dwelling units per net acre. He stated 60 apartments will be 1 bedroom units, 180 apartments will be 2 bedroom units and 60 apartments will be 3 bedroom units. He continued by reviewing the compatibility issues and comparison of proposed mixed use to Wal-Mart PCD as outlined in the agenda. He stated the proposed PUD has been revised several times during the review process. Staff has determined that the proposed PUD master plan is compatible with the Seminole County Comprehensive Plan. Also, staff feels that the apartments are a better transitional use than was proposed by the previous PCD. Upon consultation with the Department of Community Affairs (DCA), staff has determined that the proposed PUD is below the 80% threshold for a Development of Regional Impact (DRI). He stated staff had concerns that Lots 2 – 5 constituted strip development and the revised PUD master plan has done a much better job of integrating these lots into the overall design of the PUD. The revised master plan has reduced the number of proposed driveways on SR 46 from 2 to 1, which will be right turn in and right turn out. The revised master plan also shows a driveway along the northern portion of Lots 2 – 5 and these lots are connected to the main portion of the PUD and the property to the west. He said staff met with the applicant regarding the parking issues and the applicant has revised the master plan as follows: (1) Handicapped parking spaces to comply with the minimum dimension for Lots 1 – 5; (2) All non-handicapped parking spaces to comply with the minimum dimension required by the Land Development Code for Lots 2 – 5; (3) The applicant is proposing that non-handicapped parking spaces shall be 9.5’ wide and 20’ deep for Lot 1; (4) Parking spaces shall be 9’ wide by 20’ deep for the residential portion of the property; and (5) There shall be 1.9 parking spaces per dwelling unit for the residential portion of the property. The proposed width of the parking spaces for Lot 1 gives the site plan greater flexibility to be able to work around the existing trees, and at the same time attain adequate number of parking spaces. The proposed site plan will allow preservation of approximately 88 existing trees along SR 46 and Oregon Ave. Based on the square footage of commercial building on Lot 1, a minimum of 732 parking spaces will be required. The site plan shows a minimum of 822 parking spaces. Staff supports the 9.5’ wide parking spaces in light of the fact that the reduced width of the proposed parking spaces results in saving existing trees and avoids a parking problem. The applicant is proposing 1.9 parking spaces per dwelling unit for Lot 6 instead of 1.85 parking spaces. The site plan narrative states the reduced width of the parking spaces will allow the proposed 70’ wide landscape buffer between Lot 1 and Lot 6 and facilitates the saving of 5 large oak trees on Lot 6. Staff supports the proposed parking ratio of 1.9 parking spaces per dwelling unit and 9’ wide parking spaces. The PUD master plan indicates that there is a total of 43.645 acres of wetlands and of this, the proposed development impacts a total of 20.689 acres of wetlands, and 22.954 acres of the wetlands are proposed to be preserved in a conservation easement. The applicant has provided additional information to demonstrate how they have met the requirements of Seminole County’s Land Development Code regarding wetlands protection.

Upon inquiry by Commissioner Maloy, Mr. Lee advised that the previous Wal-Mart litigation is on hold.

Mr. Schindler stated staff has received a memo from Meredith Harper requesting a revision to the development order. One issue involves the request for impact fee credit for roadway improvements on Rinehart Road at SR 46. He stated he spoke with County Engineer Jerry McCollum and he indicated that Rinehart Road is not a road that is on their list for impact fee credit, therefore, no credit can be given. Paragraph 15 of the development order should read: "The County has revised an approved Northwest Application for Concurrency", and that issue will have to be addressed by the County Attorney. He stated staff does not have a problem with the proposed language for Paragraph 17.

Rob Gebaide, Assistant County Attorney, addressed the Board to state the concurrency issue is not an important issue tonight. The change to the development order does not need to be made as that can be handled as they go forward.

Attorney Wright stated he agrees with staff recommendations. He stated the District Commissioner recommended that he meet with the representatives of Lake Forest Homeowners Association. Unfortunately, due to conflicting schedules, they were not able to meet until yesterday. The homeowners association expressed two concerns at that meeting. The one concern they have requested is leaving the large conservation area of trees to the north and west in its natural state so there is continuing opaque buffer to their property. He stated other than what is shown on the site plan to be a representative size of some retention, the balance of that site is going to be preserved to every extent that it can be. The homeowners association has requested that certain specific uses be stated on the record as being unacceptable for this site. Those are laundromats; arcade-type facilities; clinic; bar or lounge that does not have a food service component; adult entertainment; billboards; and industrial uses. He pointed out that subsequent to the previous public hearing involving the denial of the use of this site as a PCD development for a retail store, the applicant has had meetings with staff and the District Commissioner and have increased the size of the entire property to be subject to the change and has almost doubled the property that has come within the zoning change. The land use change has kept the commercial square footage the same. He stated he received input at the public hearing that there be an appropriate buffer between the retail intense use at the corner of NW Oregon and SR 46 and the residential development to the north and west. He said he believes the multi-family provides a residential buffer, which will incorporate the natural area and preservation of trees. He said the concurrency has not been totally resolved and he would like to preserve the ability to change the language to reflect that the concurrency has been met. He added the Planning & Zoning Commission has recommended approval of the request.

Bob Manuel, 5336 Fawn Woods Ct., addressed the Board to state the residents have no objections to the project and he would like to thank Attorney Wright for meeting with them and working out a few of the exclusions that the residents agreed on.

Gary Adams, 528 Timber Ridge, addressed the Board to state he represents NTS Development Co. He stated he would like to see in the development order the area where the trees will be kept opaque as opposed to just a buffer.

Attorney Wright stated he has no problem with preserving that area and he will work with staff to accomplish what the residents want.

Gene McKay, Lake Forest resident, addressed the Board to state he feels they are missing the intent of the original land use. This land use was set aside and was earmarked for some certain types of building or development that would provide better paying jobs for Seminole County. He stated he doesn’t believe that they are getting that with strip malls as you would get with medical complexes or office buildings. He added he feels the habitat of wildlife is an issue that needs to be looked at as well and whether the impact fees will cover the cost it will incur. He said he is not in favor of the proposed development but it is better than a big box retail.

Chairman Henley advised that Janet and Lew Paroline have submitted Written Comment Forms opposing the request.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

District Commissioner McLain stated staff has indicated that this project meets the hi-tech corridor and the uses are appropriate, and it provides them an opportunity to keep people off of I-4 and give them an opportunity to work along International Parkway. He stated he feels the vision is working. This is a much better project and it has been a long process to get to this point. The Board did not see the initial project as a vision that would fit within the scope of the use of this property. The applicant has come forward with a use that is much more compatible to the residential neighborhood and the type of development along the I-4 corridor.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-40, as shown on page _________, to rezone property located on the northeast corner of SR 46 and Oregon Avenue to PUD (Planned Unit Development), as described in the proof of publication, Kenneth Wright on behalf of NW Oregon Ltd., with the commitments made by the applicant’s representative; understanding that the wetland area will be protected, there may be minor modifications to stormwater, those to be signed off by staff, and if they feel that this doesn’t meet the intent of protecting that buffer it would come back to the Board for approval, as well as the individual use exclusions.

Under discussion and upon inquiry by Commissioner Morris, Frances Chandler, Planning & Development Director, addressed the Board to explain why this would qualify under HIP-TI.

Upon inquiry by Commissioner Morris, Attorney Wright advised he is not aware of any conflict of interest that Commissioner Morris would have on this issue.

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

Commissioner McLain left the meeting at this time.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from PCD (Planned Commercial Development) to PCD (Planned Commercial Development) for the purpose of revising the Aloma Mini Storage final PCD site plan and Developer’s Commitment Agreement, Lou Musica, Eller Media, received and filed.

Mr. Schindler advised the final PCD site plan is amended to allow the placement of an outdoor advertising sign on the subject property. If approved, the applicant has proposed to remove an existing outdoor advertising sign located on Fernwood Blvd. The Board approved the final PCD site plan and Developer’s Commitment Agreement on January 9, 1996. Per the Developer’s Commitment Agreement, the permitted uses include those uses permitted in the C-1 zoning district and mini-warehouse facilities for personal storage. When the Board approved the PCD zoning, there was considerable opposition from the residents in the area. Outdoor advertising signs are not a permitted use or a special exception in the C-1 zoning district. Outdoor advertising signs are permitted uses in C-2, C-3 and M-1 zoning districts. The proposed request appears to be an intensification of the uses allowed within the PCD. In 1998, the Board determined that outdoor advertising signs were too intense for C-1 zoning and decided against allowing outdoor advertising signs as special exceptions in the C-1 zoning district.

Mr. Schindler continued by reviewing the impact upon existing residential development, the proposed landscape buffer, and removal of an existing outdoor advertising sign as outlined in the agenda memorandum. He displayed a map showing the location of residential subdivisions within 1,000 ft. of the sign.

Commissioner McLain reentered the meeting at this time.

Upon inquiry by Commissioner Maloy, Mr. Schindler advised he understands that the basis for approval of mini-warehouses is C-3 uses. It is the only use allowed under PCD and it was allowed along the C-1 use because it has a very low trip generation rate.

John Dwyer, Current Planning Section Chief, addressed the Board to state when this was rezoned, there was a lot of discussion and concerns relative to how this mini-storage facility was going to look. There was a lot of discussion relative to the split phase block issue, exterior of the building and a rod iron fencing to make it more compatible and to blend in with the residential area. Discussion ensued.

Lou Musica, representing Eller Media, addressed the Board to distribute an Affidavit of Lou Musica (received and filed). He reviewed the permitted uses in PCD zoning. He stated in 1995, the Board authorized Miller Enterprise to place a sign on a parcel of land abutting the Foxspur subdivision. Outdoor advertising signs are permitted in C-2 zoning. He pointed out that camouflage communications towers are permitted on this site and billboards are limited to 35 ft. in height while communications towers are many times that height. He stated the sign would be much less intense and intrusive than permitted communication towers. The only road that this sign would be visible to is Aloma Road or SR 426. There will be more commercial activity in this area even if the application is not approved. He displayed photographs (not received and filed) of signs. He stated he chose this particular sign because there were no other nonconforming signs in the vicinity of the subject property. The proposed landscaping is intended to enhance the appearance of this area. He said he will install landscaping along Aloma Avenue at the discretion of the Board. The report incorrectly refers to their proposed landscape buffer as a duplication of a previous requirement and it also states incorrectly that the proposed buffer is 15 ft. wide. He requested the Board to approve the proposed request.

Chairman Henley stated he is disappointed in the industry as he has had a lot of complaints about the type of advertising the industry is displaying in the area. That area has been trying to deal with issues such as pornography and adult entertainment. He stated he has a lot of concern about the marginal advertising in that area because of the sensitivity of that neighborhood and community to those types of things. He added he feels the industry should use more judgement in what they advertise and he hopes they will be more sensitive to the area.

Thomas Daly, 861 W. Morse Blvd., addressed the Board to state he represents the property owners directly to the west. He stated those property owners will be approaching the Board to down-zone this property to multi-family with some commercial outparcels. He added he understands that the sign will be adjacent to their property boundary and he would like to know how far the setback is from the western property line.

Mr. Schindler advised it is 25 feet and the maximum height is 35 ft.

Mr. Daly stated there is a church across the street and a lot of residential in the area. The thing the Board needs to look at is the precedent this will set because there isn’t one on Red Bug Road, Tuskawilla, or Aloma. The character of the existing development is primarily residential and retail commercial. The Aloma Storage is a C-3 use, however, everything around it is residential, commercial or high intensity planned development, which doesn’t apply to warehouses or outdoor storage. He stated he feels this is precedent-setting because there are no other billboards along this area. He added he cannot imagine going to church across the street without knowing what content is going to go on that billboard.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised the setbacks for commercial are zero and a billboard could go right at that property line.

Mr. Daly stated he would then strongly object.

Brian Kelly, 5350 N. Lake Burkett Lane, addressed the Board to state he is a homeowner in Trinity Bay and his property line is off of Aloma Avenue. He stated he agrees with staff’s recommendations and Mr. Daly’s point that this would set a bad precedent in this part of town.

Chairman Henley stated he received a Written Comment Form from Gabriele Acks opposing the request.

No one else spoke in support or in opposition.

Speaker Request and Written Comments Forms were received and filed.

Briefing Sheet relating to Aloma PCD was received and filed.

District Commissioner Maloy stated in looking at the scenario here, he feels the applicant makes a good case stating the C-3 uses and if it were zoned C-3, it would be permittable. However, looking at the past history of the PCD, it does appear it would be inappropriate.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to deny request to rezone from PCD (Planned Commercial Development) to PCD (Planned Commercial Development) for the purpose of revising the Aloma Mini Storage final PCD site plan and Developer’s Commitment Agreement, as described in the proof of publication, Lou Musica, Eller Media.

Under discussion, Commissioner Morris stated the reason he can support the motion is this is a more intense use and he believes the motion is based on staff’s findings.

Chairman Henley stated he will be supporting the motion to deny. He stated he would like to thank Mr. Musica for offering to trade the other billboard. He added he would like Mr. Musica’s company to consider taking that billboard down as an act of goodwill towards the community.

Commissioner Van Der Weide stated he would like staff to go over their presentation where they ever mentioned C-3 uses in that PCD. He stated he feels that is something that should have been there and the applicant shouldn’t have brought it out.

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

Commissioner McLain left the meeting at this time.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request for the Chuluota Non-Residential Design Standards Zoning Overlay, received and filed.

Commissioner Morris left the meeting at this time.

Nancy Roberts, Senior Planner, addressed the Board to display and review a map of the zoning overlay boundaries. She stated the Board authorized the land planning, design and management company, Herbert Halback (HHI) to undertake the Chuluota Nonresidential Uses Study. The proposed Chuluota Nonresidential Design Standards are intended to establish protective measures to protect the rural integrity of the area. The Local Planning Agency (LPA) heard this item on June 7, 2000 and continued it to July 5, 2000 to allow further public comment on the proposed ordinance. In response to LPA’s request to solicit further public input, a community meeting was held on June 22, 2000. A summary of all the issues and questions raised by the residents at the June 22 community meeting is included in the packet. She stated staff is recommending that the Board authorize a second public hearing to consider enactment of an ordinance.

Binoy Panicker, HHI, addressed the Board to display and review slides of the Design Standards Intent and Priorities. He advised the four design standards issues are: Site Development; Building; Sign; and Application Process and Permitting. He reviewed slides of the following Site Design Standards: Building Placement; Landscape and Parking.

Mr. Panicker explained for Commissioner Maloy what is double loaded aisle.

Commissioner McLain reentered the meeting at this time.

Mr. Panicker continued by reviewing Sidewalks and Crosswalks; Pedestrian Walk Lights; and Site Furnishing for Site Design Standards.

Commissioner Morris reentered the meeting at this time.

Mr. Panicker reviewed the issue of Fences and Entrances for Site Design Standards.

Commissioner Van Der Weide left the meeting at this time.

Mr. Panicker reviewed slides of the Accessory Structures and Service Areas and Handicapped Access. He reviewed slides of the following issues of the Building Design Standards: Building Style, Design and Scale; Building Materials; and Color Scheme.

Commissioner McLain left the meeting at this time.

Mr. Panicker reviewed the issue of Roof Design.

Commissioner Morris stated the one thing that needs to be added in the design standard is electrical equipment such as air conditioner units on flat roofs.

Ms. Roberts stated staff will make sure that is clear in the ordinance.

Mr. Panicker continued by reviewing slides of the issues of Doors and Windows.

Commissioner McLain reentered the meeting at this time.

Commissioner Maloy stated he would like to see if staff can get the Sheriff’s comment on the glass and transparency standards.

Upon inquiry by Ms. Roberts, Commissioner Morris stated he feels staff needs to clarify the ground elevation in the ordinance.

Mr. Panicker completed the Building Design Standards issues by reviewing Awnings. He continued by reviewing the Basic Sign Design Standards.

Upon inquiry by Commissioner Maloy, Ms. Roberts advised staff can clarify Item J, Page 30 regarding lighted signs shall receive light source from above or below.

Mr. Panicker reviewed the following slides: Wall Signs; Window Signs; Ground Signs and Prohibited Signs.

Commissioner Morris left the meeting at this time.

Commissioner Morris reentered the meeting at this time.

Mr. Panicker completed the presentation by reviewing slides of the following issues of the Application Process and Permitting Standards: Application Submittals and Enforcement.

Walter Cutler, 1810 So. CR 419, addressed the Board to state he is the Vice President of the Southeast Seminole County Voters Association. He expressed his gratitude for allowing the citizens an opportunity to address this issue. He stated the citizens were allowed to ask detailed questions on every line of the ordinance. The residents do not think that this is a perfect ordinance but are in favor of it. He said he would encourage the Board to implement the ordinance. They believe it will help preserve the rural character of the area. Some of the residents had concerns with the parking limitation. Section 15 of the ordinance requires that if paved parking is proposed, a maximum of 50% of the required parking may be paved. He stated he feels that problems may occur if 50% of paved parking is allowed and if the business owner decided to do that. He added he doesn’t feel there should be a limit to this, as the owner should be allowed to do this. It is a liability issue because if a person slips and falls, then the business owner would be negligent.

Upon inquiry by Commissioner McLain, Ms. Roberts explained why this restriction was included in the guidelines. She stated one person spoke in favor of this at the community meeting and staff decided to leave that issue in the ordinance and have it come up before the Board.

Mr. Cutler stated the overlay includes residential areas, medium residential and high density, and an area of residential professional. He stated the property owners to the west of CR 419 could come in to request residential professional and they should be required to follow this ordinance. He recommended extending the overlay to include all rezonings in which commercial could be used elsewhere.

Ms. Roberts stated the low density residential properties to the east side of CR 419 cannot be rezoned to commercial as that would take a future land use map amendment.

Upon inquiry by Commissioner Morris, Attorney Gebaide advised a Comp Plan text policy could be added to indicate that in the case of a future land use amendment in this area to a commercial designation, all such rezonings would have to comply with the overlay design standards.

Mr. Cutler stated nonresidential design standards should apply to all nonresidential uses.

Attorney Gebaide stated this ordinance was not designed to take away permitted uses, it was meant to address the design standards.

Ms. Chandler stated staff didn’t look to see how this would apply to churches or schools. She stated she cannot tell the Board how these standards would affect these types of uses since they were not created.

Mr. Cutler stated the residents are in favor of this and he would like the Board to iron out these situations, as he believes it is in the best interest of the community.

Ms. Chandler stated staff will develop some language and discuss it with Mr. Cutler and the District Commissioner.

Susan Kairys-Courech, 237 Overlook Dr., addressed the Board to advise her concerns have been addressed.

Chairman Henley stated he received a Written Comment Form from Kathleen Corbett supporting the request.

No one else spoke in support or in opposition.

Speaker Request and Written Comments Forms were received and filed.

Motion by Commissioner Maloy, seconded by Commissioner McLain to authorize a second public hearing for August 22, 2000 at 7:00 p.m., or as soon thereafter as possible, to consider enactment of the proposed Chuluota Non-Residential Design Standards Zoning Overlay Ordinance.

Districts 1, 2, 4 and 5 voted AYE.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:25 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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