Present:

Chairman Randy Morris (District 2)

Vice Chairman Grant Maloy (District 1)

Commissioner Dick Van Der Weide (District 3)(Late)

Commissioner Win Adams (District 4)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Chairman Morris advised that these morning Briefing meetings are not public hearings, however, public input can be allowed in cases where the majority of the Board concurs to do so.

Community Services Funding Increase - YMCA Eastside Family Center

Community Services Director, Phillip Stalvey, addressed the Board to introduce Richard Tolle, Director of the YMCA, and John Greenhour, Vice President of Operations for the Central Florida YMCA. Mr. Greenhour reviewed from the booklet, "Central Florida YMCA Family Centers," (copy received and filed), beginning with page 2, Executive Summary.

Commissioner Van Der Weide entered the meeting at this time.

Mr. Greenhour stated their request is for $100,000 per year for a five-year commitment for development of a YMCA project in East Seminole County. He said they will be seeking partnerships with other groups in the County as well. He continued his summary covering the mission, number of families served, community partners, the proposed East Seminole County YMCA, and the need for the County’s help. Mr. Tolle showed a drawing of the conceptual master plan. Mr. Greenhour stated they have received letters of support from the Greater Oviedo Chamber of Commerce, Sheriff Eslinger, School Principals, Lawton Parker, the City of Oviedo, and the Winter Park Health Foundation.

Chairman Morris recognized former Commissioner Pat Warren and Ed Thomas who were in the audience.

Chairman Morris advised that during the June work sessions he had offered $50,000 for this project, based upon his recollection of the letter received. He asked Mr. Greenhour to elaborate on the partnerships the YMCA has so they can see this is not a new venture.

Mr. Greenhour reviewed the partnerships with Orange County for the Blanchard Park Family Center, with Orange County and Florida Hospital for the YMCA Aquatic Center, and others with Marion County, Osceola County and Lake Nona, (pages 14-18 of the booklet).

Mr. Greenhour stated he would also like the help of County staff in assisting to direct their efforts.

Under discussion, Chairman Morris answered Commissioner Maloy that it would be a strong recommendation to future Boards to keep the commitment to the YMCA by this Board.

Commissioner McLain said he thinks this might be an appropriate use for some of the half million dollars put in the budget for the development of new parks. Commissioner Adams said he thinks this is an excellent idea.

Chairman Morris also said he thinks this is an excellent suggestion, but he is sure there will be some additional discussion on that. He asked the Board to understand that this is not instant gratification but potentially a five-year project, and he thinks the source of funding for future years is one that has to be identified. He said if they go forward with this, they have to recognize that in future years, this item should be built into the budget at the front end, but it may have to be extracted. Also, he said at each budget session, the Board needs to receive a progress report from Mr. Greenhour.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to direct staff to increase the funding by $50,000 for East Seminole County YMCA, with same to be included in the budget.

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

Mr. Greenhour expressed thanks to the Board for their support, and Mrs. Warren also expressed her thanks to the Board.

Mr. Stalvey stated that at the budget work sessions, Commissioner McLain had asked for a presentation from Tajiri School.

Pat Whatley, Executive Director, Tajiri School, and Henry Nixon, Fiscal Officer, addressed the Board. Mr. Nixon distributed information packets (copy received and filed) to the Board. Mrs. Whatley presented her request for funding for $50,000. She reviewed their mission statement, motto, and objectives of the program.

Commissioner McLain noted his concern for the School using the Little Red School House building. Buddy Balagia, Principal Planner, addressed the Board to state Mrs. Whatley has asked for CDBG funding for renovation of the building. He stated they just found out the building has lead base paint. Commissioner McLain said he doesn’t know if the Board can fully fund the request at this time, but they need to nurture this with the City of Sanford.

Upon inquiry by the Chairman, Mrs. Whatley said they need the money for administration assistance, maintenance of the building, utilities, basic day-to-day operations, purchase of equipment, and transportation. The Board discussed the lead base paint issue.

Commissioner Van Der Weide stated he is willing to go along with the District Commissioner’s recommendation as he is more familiar with the situation than the rest of the Board.

Commissioner McLain stated he would like for Mr. Balagia to work with Mrs. Whatley and come back to the Board with a recommendation, possibly in September.

Ms. Whatley advised they had two separate requests for a total of $90,200, including funding to handle the lead paint situation.

Commissioner McLain stated he wants to see this as an agency the Board can support, but this is something they must grow into. He would like to look at the budget and see if they can come up with a reasonable amount to fund.

Chairman Morris asked Mr. Balagia to meet with Mrs. Whatley and bring back a recommendation by the next meeting in August. The Board had no objections.

Traffic Engineer, Bob Zaitooni, addressed the Board to state staff has answered the questions posed by the Board, as shown in their report (copy received and filed) covering the economic impact of the recommended solution on a County-wide basis; maintenance requirements of the proposed median chokers; effectiveness of the chokers; and feasibility of constructing a 5’ concrete sidewalk along Holliday Avenue. He reviewed from the staff report that the construction material cost is less than $35,000 with the pavement imprint done by a firm willing to contribute their time free of charge, but the County would have to provide the asphalt. He stated an informal survey of the homeowners associations indicated that most of them had no desire to take out their existing road humps. He advised the three areas that have had opposition in the past to the road humps have been Chuluota, Eagle Circle, and Lake Howell Road; and staff addressed those concerns. He said the staff has projected that the median chokers are less restrictive and staff believes they are effective in curtailing the aggressive and reckless drivers. As there are no funds on a County-wide basis to replace existing road humps, any future requests for traffic calming techniques have to be funded by the requesting communities. Staff does not believe the Holliday Avenue issue would have a County-wide impact. Regarding maintenance requirements for median chokers, the biggest factor staff saw was irrigation if plants are put in the median, and the potential cost would be approximately $2,000 per year. On the sidewalk issue, Mr. Zaitooni said they looked at the right-of-way survey and believe it is favorable to construct a sidewalk and they looked at having one on the north side of Holliday Avenue. The cost would be approximately $60,000 for an outsource contract, but if constructed in-house, the cost would be approximately $32,000 to $35,000. Mr. Zaitooni said he believes there is good reason to do a risk assessment to assess the liability with removing the speed humps before conclusive action is taken. He further stated that there would be one mailbox that violates the six-foot standard and he would approach the homeowner and try to relocate that one. He reported that depending on where an emergency may be on Holliday Avenue, he learned that emergency vehicles do not take the same route, and there appears to be some shorter routes. He said the theory is that emergency vehicles do not need to travel the entire length of Holliday Avenue to get to a potential emergency. Mr. Zaitooni reviewed the staff recommendations in the report, page 9.

Mr. Zaitooni answered questions by the Chairman on intersection improvements, relocation cost of the mailboxes, and type of median improvements. He noted that the life of the chokers is only 12 to 15 years.

Chairman Morris questioned the risk assessment issue and said this was not proposed in the June discussions. He asked the County Attorney if risk analysis needs to be done on the traffic calming devices. Mr. McMillan responded he is not sure he should make a recommendation on this in light of the fact the Board is in litigation. He said he does not disagree that the County should always do a risk assessment of any action it takes. The issue of whether to have or not have speed humps is a balancing issue between separate risks and that is a decision at the Board’s discretion to make.

District Commissioner Van Der Weide said he will disregard the speed humps as being a safety issue in his mind because he is not hearing that from staff and he thinks this is a neighborhood issue. He said the neighbors have responded in the Task Force recommendation and if there is some reason they do not want to go with the chokers, then leave in the speed humps. He is willing to go either way, leaving in the speed humps or going with the Task Force recommendation.

Chairman Morris said the safety issue is not clear, and the safest thing they could do is get the children off the roadway and put them on sidewalks. He recommended sidewalks and traffic calming devices. Whereupon, Commissioner Van Der Weide said he thinks the majority of the people want their speed humps and based on the Task Force recommendation, they want the chokers. The sidewalk is a safety issue and he doesn’t see why the community can’t help contribute on that construction. He said the homeowners can see if they want to do that in some sort of cost-sharing fashion.

The Board discussed the options of the chokers and cost-sharing of the sidewalk and annual maintenance of chokers.

Commissioner Van Der Weide suggested MSBU Coordinator, Lola Pfeil, as the logical person to determine what the sentiment of the citizens is to participate in the cost-sharing for a sidewalk.

Commissioner Maloy left the meeting at this time.

Chairman Morris summarized the District Commissioner’s recommendation is to leave the speed humps in at the present time and the Board will look at the liability issue, and look immediately at cost-sharing with the neighborhood on the sidewalk. He said time is needed for staff to look at implementation on that. He noted that no one on the Board thinks this issue is beyond Holliday Avenue.

Lola Pfeil addressed the Board to state she would like to get petitions out and give a minimum of 30 days response time from the citizens.

Chairman Morris concluded the consensus is to hear back in two months from staff on the cost-sharing of the sidewalk. He stated he would like to have a liability assessment on the removal of these humps and installation of anything.

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Mr. McMillan requested direction from the Board on whether or not to assist the City of Sarasota. Chairman Morris asked for a briefing at the next meeting on what kind of case this is.

Written comments by Irving Reedy were received and filed into the Record.

The Board recessed at 10:30 a.m. and reconvened at 10:55 a.m., with Commissioners Maloy and Adams entering late.

John Dwyer, Current Planning Manager, and Greg France, Deputy Building Official, addressed the Board. Mr. Dwyer stated all code complaints are treated the same no matter where they are located in the County.

Commissioner Adams reentered the meeting at this time.

Mr. Dwyer gave a brief one year history of County-wide complaints. He reviewed some of the problems staff has encountered on 17-92 and with the Code. He reviewed the proposed changes to the Code as given in the staff report (received and filed) covering outside storage of parts, supplies and materials; use of tractor trailer and steel box type containers for storage; use of tents for commercial purposes; maintenance of landscaping and trimming of trees; signage; and parking of vehicles within the right-of-way.

Commissioner Maloy reentered the meeting at this time.

Commissioner McLain stated he is sensitive to the automobile industry’s use of large balloon animals but thinks that needs to be restricted to maybe just once for a grand opening. He firmly believes that the issue of pulling cars off the business property and onto the road right-of-way has to be stopped.

Mr. Dwyer reported that he and staff did take tours with the County Manager, Code Enforcement Board, and with Mr. Boyette along the 17-92 Corridor to give them an appreciation of the types of violations staff continually sees and what is done as far as the code enforcement process. He said they need to review the code enforcement process because it does not ultimately give compliance. Also, he said they need to review the citation process because some businesses consider the citations as merely the cost of doing business. Staff needs to look at ways to strengthen the ordinances and the citation process to get compliance.

Commissioner Adams stated the parking ticket approach appears to work.

Mr. Dwyer said the staff recommendations on these issues will be brought back during the October-November time frame. He said for the current violations, staff is addressing them and if they cannot get compliance, they will be brought before the Code Enforcement Board.

Chairman Morris said other jurisdictions red-tag people and close their doors, and he doesn’t understand why Seminole County can’t do that. Whereupon, Mr. Dwyer stated he can meet with the County Attorney and talk about doing that, but staff doesn’t feel they have the authority to close anyone’s doors based on the current ordinances and codes. He said he will explore those possibilities if that is the Board’s wish. Commissioner Adams said the Board is saying for staff to tell them the tools they need and the Board will give them that to clean up the mess along the corridor.

Mr. France discussed the number of cases reported in the 17-92 area.

Mr. Dwyer concluded he will meet with the County Attorney on ways to put more "teeth" into the ordinances and will come back to the Board in October as expeditiously as possible.

Planning & Development Director, Frances Chandler, addressed the Board to state she received correspondence from Tony Tizzio on July 16 on the need to enhance disability awareness, and he suggested the County form a Disability Board that would advise the Commission. She said staff needs direction from the Board on whether to prepare a proposal to respond to that request.

The Board had no objections to staff drafting a Disability Board so the BCC can see what their responsibilities would be and what associated agencies they would have to work with.

Ms. Chandler distributed a Status Update Report (copy received and filed) to the Board and said this item could come back before the Board in October. She reviewed the status of what’s been done and asked for policy direction from the Board on four issues outlined on page 4 in the report.

During discussion, Chairman Morris reviewed his investigation into the exemption for all private schools and not just church schools. He stated there is a public purpose served when a private school is built. He explained that the public school system does not have to continue the taxpayer expenditures for these children (space, building schools, hiring teachers, etc.) being served by the private school. He stated Attorney Nabors came up with the plan to only charge an impact fee for the employees of the school.

Chairman Morris said he does not think private or church schools should pay impact fees in the event it is serving a public purpose.

Mr. McMillan explained in his discussions with Attorney Nabors that part of the issue is the County has a certain number of students that need to be educated and they will be traveling on the roadway system somewhere relative to some school, so those trips generated by the student population would be on the roads anyway. They can take that impact out of the measurement of the private school and leave in measurements generated otherwise than by the students.

Commissioner McLain said he agrees with the argument and thinks private schools should be treated like public schools. He asked how is a school being defined. Ms. Chandler stated that it is a school with similar curriculum to the public school. Commissioner McLain pointed out they have to make sure they correctly define the school that is going to be exempt. Chairman Morris said this would be all those schools that meet the academic criteria as the public school. Ms. Chandler added staff is looking at the same type of things that public schools would provide to the general public which is duplicated in the private sector, and that includes some preschool activities. In further discussion, Commissioner McLain said the school would provide all the range of opportunities like a public school and not just a daycare center.

Chairman Morris pointed out that the core must meet the public purpose relative to what public schools provide, and that is why the waiver is being allowed.

Commissioner Maloy said he is glad to see them moving in this direction to basically treat the public and private schools the same. He said he thinks for zoning and land use issues, they should be treated equally as well. He asked staff to keep in mind the land use. Ms. Chandler answered that is part of the assessment; and in most jurisdictions, zoning to the site plan is the norm, and a special exception public hearing process for all public and private schools seems to be the predominant mechanism used.

Ms. Chandler answered Commissioner McLain that for a home school, staff looks at the use of the property as a residence and not a school, so it would be assessed as a residence.

Ms. Chandler advised Commissioner Adams that staff was not reevaluating the safety codes of the Building Code.

Attorney Frederick H. Nelson, representing Pastor Williams, Palmetto Avenue Baptist Church, addressed the Board to state the church has been in limbo for about 1½ years on the issue of impact fees. He stated they received the letter dated July 30, 1998 from the County advising the $19,000 impact fee is being held in abeyance, but he questioned the $3,059.20 fee that is to be paid. Whereupon, Chairman Morris asked Mr. Nelson to understand that there is still a liability potential to have to pay the $19,000 fee.

Mr. Nelson said their concern is there is no way to know about the $19,000 fee, and he questioned what happens if the Board does decide to remove all the fees and they have paid the $3,000. Ms. Chandler responded that staff has, at this time, only looked at the school fee and not other church fees. She said they are not going back and reassessing non-sanctuary space unless the Board directs so.

During discussion, Mr. Nelson stated the fee in question is for non-sanctuary use--a gymnasium. Upon inquiry by the Chairman, he said the children could be using the gymnasium, so it goes in hand with the school. Mr. Nelson said his point is the gym could be folded in with the Board’s current action.

The Board had no objections to expand the abeyance to include the impact fee for the gymnasium facility as it would go hand-in-hand with the school, and staff can analyze it later.

Attorney Nelson stated his offer to help the County with the issue of impact fees is because he works with various counties and cities in Florida and has written numerous policies and State statutes.

The Board’s direction to staff was to evaluate the exemption for all private schools without a requirement for size and without distinction between for profit or not-for-profit schools.

Chairman Morris advised that Item #59, BCR #98/136 for $12,948 has been withdrawn from the Agenda and will be brought back on August 25, 1998.

Mr. McMillan advised that Item #6, Authorize scheduling a public hearing pertaining to revising the typical section for the Tuskawilla Road Project, has been withdrawn. Chairman Morris explained that a public hearing is not needed, but this can be done by Board action.

County Engineer, Jerry McCollum, addressed the Board to state there is no legal requirement to hold a public hearing.

The consensus of the Board was not to have a public hearing for this item.

Commissioner Maloy asked if it wouldn’t make sense to include Phase II in this action. Mr. McCollum stated going from Red Bug Road north to SR 434 would not be a problem.

Motion by Commissioner Maloy, seconded by Commissioner Adams to include restriping the pavement from Red Bug Road north to SR 434 in the revision of the typical section for the Tuskawilla Road Project, Phases III and IV (Dyson Road to SR 434) to accommodate bicycle lanes.

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

Chairman Morris asked Mr. McCollum to come back before the Board or speak to them privately about the truck traffic south of Red Bug Road running east.

Commissioner McLain pulled for a separate vote Item #25, Authorize staff to enter into negotiations with First Capital property Group Inc. to lease space in the Welaka Building for the office of the Public Defender.

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

Engineering

Stormwater

Water & Sewer

11. Approve and authorize Chairman to execute Release, as shown on page __________, of Water (17,796 gpd) and Sewer (17,796 gpd) Capacity between Seminole County and Developers Diversified Realty Corporation for the Oviedo Park Crossings f/k/a Lincoln Plaza project. District 1
12. Release Maintenance Agreement and Irrevocable Letter of Credit #4606 in the amount of $3,910, for water and sewer improvements within the Lake Forest 4B project. District 5
13. Release Maintenance Agreement and Irrevocable Letter of Credit #4607 in the amount of $3,730, for water and sewer improvements within the Lake Forest 4C project. District 5
14. Release Maintenance Agreement and Irrevocable Letter of Credit #4608 in the amount of $1,800, for water and sewer improvements within the Lake Forest 4D project. District 5
15. Approve and authorize Chairman to execute Amendment, as shown on page __________, to Exhibit "G" of the Water Utility Agreement for the Las Bocas development. District 5

16. Approve and authorize Chairman to execute Limited Franchise agreement, as shown on page __________, for non-emergency transports to Orlando Regional Healthcare System, Inc.

17. Adopt appropriate Resolution #98-R-156, as shown on page __________, renaming Kilarney Court to Killarney Court; street segment located within Heathrow Woods Phase III. District 5

 

Development Review

18. Adopt appropriate Resolution #98-R-157, as shown on page ________, to vacate and abandon the rear 10-foot utility easement in Lot 34, located at 9433 Brownwood Court, Oviedo Lakes of Aloma Phase II Subdivision. District 1

 

Comprehensive Planning

19. Approve and authorize Chairman to execute Subrecipient Agreement, as shown on page __________, with Seminole Volunteer Enterprises, Inc. for the renovation of a building for use as a food distribution center for low-income households.
20. Approve and authorize Chairman to execute Subrecipient Agreement, as shown on page __________, with Ritz Community Theater Projects, Inc. to provide additional funds for historic preservation activities.
21. Approve and authorize Chairman to execute Subrecipient Agreement, as shown on page __________, with Better Living for Seniors, Inc. for the purchase of a refrigeration system for use in food distribution for low-income residents of Seminole County.
22. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page __________, (Billy R. Woolwine, Jr.) to recapture funds used to provide down payment assistance under the SHIP Program.
23. Approve and authorize Chairman to execute Contract, as shown on page __________, with All Star Construction for demolition and reconstruction of an existing single family structure located at 122 Leon Street, Altamonte Springs.
24. Authorize advertising and scheduling public hearing on August 25, 1998 to consider amendment to Ordinance #97-54 that adopted the U.S. 17-92 Redevelopment Plan.

Information Technologies

26. Approve and authorize Chairman to execute Amendment, as shown on page __________, to the H.T.E. Information Services and Systems Agreement to add Web Development and Maintenance to their scope of services in the amount of $10,500 monthly under the terms and conditions of the existing contract.

Telecommunications

39. Approve Ranking List to PS-521-98/BJC, Lake Jesup Basin Engineering Study; authorize negotiations with the top ranked firm, Camp, Dresser & McKee, Inc., Maitland; and award the Master Contract (not-to-exceed $830,000), as shown on page __________.

40. Approve Ranking List to PS-522-98/BJC, General Professional Consulting Services for Comprehensive Planning; authorize negotiations with the top three ranked firms, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Orlando; Herbert Halback, Inc., Orlando; and Science Applications International Corporation, McLean, Virginia; and award Master Contracts to the three firms (not-to-exceed $550, 000), as shown on page __________.
41. Approve Amendment #2, as shown on page __________, to PS-350-96/BJC, Professional Engineering Consultant Services for Grantline Road (CR 46A to SR 46), with Consul-Tech Engineering, Inc., Orlando ($19,862.94).
42. Approve Amendment #1, as shown on page __________, to PS-505-97/BJC, Consultant Design Services for Seminole Wekiva Trail, Sections 2 and 3, with Regional Engineers, Planners & Surveyors, Inc., Orlando ($27,710.29).

43. Award RFP-438-98/BJC, as shown on page ________, Utility Bill Audit, to Tel-Adjust, Inc., Bloomfield Hills, Michigan (40% of amount collected) and Telcom Network Inc., Lake Mary (40% of amount collected and/or saved).

44. Correction, as shown on page __________, to Miscellaneous Contract M-68-98 Land Development Code Codification with Municipal Code Corp., Tallahassee ($40,500).

Other

45. Approve Joint Utilization of the City of Jacksonville Emergency Medical Care Vehicles, Bid #SC-0384-98, for two (2) emergency medical vehicles from Aero Products Corporation, Sanford ($315,746).

 

Budget

46. BCR #98/114 ($5,160), Planning & Development/Comprehensive Planning Fund 31100, Environmentally Sensitive Lands; to appropriate funds to purchase equipment that will allow staff access to work sites within Natural Lands property areas not accessible by truck.
47. BCR #98/115 ($50,000), Planning and Development/Comprehensive Planning Fund 11901, Grants and Aid Fund; additional funding is needed to replace deteriorated roof trusses on the Ritz Theater in downtown Sanford.
48. BCR #98/123, Capital Redesignation, Public Works/Road Operations Fund 10100 Transportation Fund; to utilize funds available from savings to purchase two needed truck mounted variable message boards for traffic control and safety.
49. BCR #98/125 ($15,525), Information Technologies/Telecommunications Fund 00100, General Fund; accounting adjustment to place funds in the correct account line to purchase fiber equipment.
50. BCR #98/126 ($3,000), Planning and Development/Comprehensive Planning Fund 11901 Grants and Aid Fund; accounting adjustment to place funds in the appropriate line to equip the Lillie H. Green Community Center in the East Altamonte area.
51. BCR #98/128 ($490,261), Public Works/Engineering Various Funds; reconciles budgets for various CIP projects for FY 97/98.
52. BCR #98/129, Capital Redesignation Fund 10101, Transportation; to utilize capital savings to purchase two hand-held laser detectors for speed studies.
53. BCR #98/130 ($37,920), County Manager/Community Information Fund 00100, General Fund; to provide funds to acquire video equipment from the Solid Waste Recycling and Education Grant.
54. BCR #98/131 ($10,000), Planning and Development/Building Fund 10400, Development Review Fund; to provide funding for four vehicles for temporary building inspectors which will be acquired from the Sheriff’s Office for $2,500 each.
55. BCR #98/132 ($57,057), Community Services/Medical Examiner Fund 12700, Criminal Justice Trust Fund; to transfer the balance of account "Grants to Governmental Agencies" to personal services/operating lines to pay for expenditures incurred until a Medical Examiner is hired.
56. BCR #98/133 ($32,710), Public Works/Stormwater Fund 13000, Stormwater Fund; transfer funds for final engineering design from Markham Woods Road outfall project.
57. BCR #98/134 ($185,000), Public Safety/EMS/Fire Rescue Fund 00100, General Fund; transfer funds to appropriate account line for fire station ADA improvements.
58. BCR #98/135 Capital Redesignation, Public Works/Traffic Engineering Fund 10101, County Transportation Fund; makes capital savings available to purchase an application roller for which the purchase price exceeds the budget.
59. Withdrew from agenda and rescheduled to August 25, 1998, BCR #98/136 ($12,948), Public Works/Road Operations Fund 10101, County Transportation Fund; makes funds available from capital savings to purchase five portable radios for neighborhood teams.
60. BCR #98/137 ($8,188), Public Works/Stormwater Fund 13000, Stormwater Fund; makes funds available from capital savings to purchase a Grapple attachment and a lightweight boat for stormwater.
61. BCR #98/138 ($3,897), Judicial/Circuit Court Fund 00100, General Fund; account change to move funding from operating expenditures to machinery and equipment to purchase three fax machines for the Circuit Judges to replace three obsolete machines.
62. BCR #98/139 ($40,602), Public Works/Engineering Fund 11500/12602/12603, Infrastructure Sales Tax/N Collector, Impact Fee/W Collector, Impact Fee; makes necessary funds available for Montgomery Road and Lake Emma Road additional costs.
63. BCR #98/140 ($11,000), Community Services/Community Assistance Fund 00100, General Fund; to provide additional funds for private physician rape exams and expert witness testimony costs anticipated for the remainder of the fiscal year.
64. BCR #98/141 Capital Substitution, Planning and Development/Comprehensive Planning Fund 31100, Environmentally Sensitive Lands; makes savings available to purchase two attachment units for fire trucks for which the actual exceeds the budget.
65. BCR #98/142 ($7,000), Public Works/Solid Waste Fund 40201, Solid Waste Fund; to provide funds for the replacement of a shed at the Osceola Landfill which was damaged.
66. Budget Amendment Resolution #98-R-158, as shown on page __________, ($17,400), Department of Fiscal Services/MSBU Fund 16016, Dixon Road Fund; to recognize receipt of funds from the proposed Dixon Road MSBU for preliminary engineering.
67. Budget Amendment Resolution #98-R-159, as shown on page __________, ($37,292) Department of Fiscal Services Fund 00100, General Fund; recognizes FEMA revenue (Federal Share 75%) which will be used to repair stationary docks/boat ramps at several County parks and a wooden walkway that was damaged by the tornado disaster; funding includes debris removal/clean-up which will be reimbursed by FEMA at completion of project (State’s share 12.5%; County’s share 12.5%)
68. Budget Amendment Resolution #98-R-160, as shown on page __________, ($16,000), Department of Fiscal Services Fund 00100, General Fund; distributes grant funds from the Department of Juvenile Justice to be used for Operation Right Track Drill Instructors’ overtime hours.
69. Budget Amendment Resolution #98-R-161, as shown on page __________, ($6,500), Department of Fiscal Services Fund 00100 General Fund; BCC approved Interlocal Agreement between the City of Sanford and the Sheriff’s Office for the use and benefit of the County’s Community Development Block Grant Program; amends the Sheriff’s Office FY 1997/98 budget for funding through September 30, 1998.
70. Budget Amendment Resolution, #98-R-162, as shown on page __________, ($37,920), Department of Fiscal Services Fund 40201, General Fund; to account for additional revenue from the General Fund for the purchase of Recycling and Education equipment.
71. Budget Amendment Resolution #98-R-163, as shown on page __________, ($550), Department of Fiscal Services Fund 00100, General Fund; to account for donation received by the Sheriff’s Office from AAA for the purchase of one bicycle and outfitting for the District 3 Service Center for FY 1997/98.
72. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for James or Wanda H. Murphy for the Chula Vista Road Restoration MSBU. District 1
73. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for William A. and Jimmie Martin for the Black Hammock Phase II Water Service MSBU. District 5
74. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Dennis Awe for the Chula Vista Road Restoration MSBU. District 1
75. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Kenneth G. and Dawn E. Bass for the Chula Vista Road Restoration MSBU. District 1
76. Authorize expenditure in the amount of $3,120 from the Law Enforcement Trust Fund to fund English and Spanish workbooks for the Seminole County D.A.R.E. Program.
77. Authorize expenditure in the amount of $15,404 from the Law Enforcement Trust Fund to purchase one replacement EOD suit and helmet for the Sheriff’s Office Explosive Ordinance Disposal Unit.

Administrative Services

Referring to Item #25, Authorize staff to enter into negotiations with First Capital Property Group, Inc. to lease space in the Welaka Building for the office of the Public Defender, Commissioner McLain said he has met with Public Defender James Russo and he agrees he needs new space but disagrees with the staff recommendation for the Welaka Building. He said he would approve moving forward with the Florida Power & Light Building. He thinks the Public Defender would be in the building longer than five years and there is not that much difference in the cost. He said they can include the cost of remodeling the building in the cost of the bonds for the Courthouse.

Chairman Morris stated the Welaka Building is probably more suitable for the type of use they are discussing. He said a lot of flexibility has been built into the shorter term lease.

Jamie Croteau addressed the Board to state it would take 18 to 20 months to remodel the FP&L Building. Whereupon, Commissioner McLain said this should take less than a year.

Purchasing Director, Kelly Loll, addressed the Board to state the architectural and engineering bid can be turned around within 30 days. Ms. Croteau said she expects the design facilities to take somewhere between three to four months to do the program on space.

Mr. Russo addressed the Board to state his problem is critical, and he has been very patient. He said his concern is he needs something now. He has attorneys already doubled up. He has money to bring on five new attorneys and three more staff people, but he doesn’t have anywhere to put the people. His preference is for the Board to deal with the economics and he is for whatever is first available in an economical sense.

Motion by Commissioner McLain to move forward with renovating the Florida Power & Light Building.

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

Under discussion, Commissioner Maloy stated he was once a supporter of the FP&L Building, but he has been convinced that it was a bad building. They are trying to get the Public Defender in extra space as soon as possible and they don’t know what is going to happen with parking at the Courthouse.

Commissioner McLain recommended continuing this item for two weeks to get a full disclosure of the cost of a five, six, nine and ten-year period. He said he thinks the Public Defender has to be in the building much longer than five years and when you look beyond that, there is a different picture to see. He asked for an amendment to the motion for an additional report to be added to work up to a 10-year scenario.

Commissioner Van Der Weide stated he thinks the amendment would kill the motion on the floor now. He said he thinks the quickest and easiest way to alleviate the problem would be to go with the staff recommendation.

DCM, Cindy Coto, addressed the Board to state the First Federal Building was not considered because due to the configuration of the building, it does not have 11,000 square feet of space in a contiguous area.

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

Commissioner McLain voted NAY.

Commissioner McLain stated he will work with the staff to prepare a report for him, so it is not necessary to make a motion for same.

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

Departmental Reports

Planning & Development/Building

Building Official, Dave Beitz, and Addressing Technician, Maggie Ketcham, addressed the Board to present request for Street Name Change - 46A (aka Paola Road/Country Club Road/25^th Street) to H E Thomas Jr. Parkway.

Commissioner McLain distributed a letter (received and filed) he received from the City of Sanford regarding the proposed renaming of the road.

Mr. Beitz advised that a letter from the County was sent to the Sanford Mayor’s Office on the renaming of the road.

Commissioner McLain discussed how many addresses would be affected by this name change.

Chief Deputy Steve Harriett addressed the Board to state consideration has been given of how to memoralize each of the five Deputy Sheriffs. He said this initiative began a number of years ago. Sheriff Eslinger and the Sheriff’s Office favor and recommend renaming this corridor. He believes the community will support it. He said there will be suitable memorials for the other deputies.

Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-164, as shown on page __________, renaming CR 46A (aka Paola Road/Country Club Road/25^th Street) to H E Thomas Jr. Parkway.

Under discussion, Chairman Morris stated he cannot support the motion as he thinks it would be more appropriate to designate a park. He said this is meant for a good purpose, but he thinks there will be additional pressure to name additional roads after police officers. He thinks the recognition of one officer above all others is a mistake from a County-wide perspective and is not the kind of thing the County should be getting into.

Commissioner Van Der Weide said, in addition to this, he would like to see staff come up with something for the lobby of the new Public Safety building for all officers who have died in action and also for any firefighter who lost his life. Chief Deputy Harriett said a memorial is in the works now on this.

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

Commissioner Morris voted NAY.

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Commissioner McLain discussed the issue Ms. Sally Moore has for the request to name an unnamed platted street that runs east and west off Beardall Avenue to Eaglewoods Trail. He said Ms. Moore’s house faces the unnamed street rather than Beardall and according to 9-1-1, she needs to have the street she faces as her address.

Sally Moore, resident, addressed the Board to explain her house sits on two roads and she wants to keep her address as Beardall. She said she has no opposition to the renaming of the unnamed street.

The Board discussed briefly with staff why Ms. Moore cannot keep her address as Beardall Avenue.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to stipulate that Ms. Moore’s address is Beardall Avenue.

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

Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-165, as shown on page __________, renaming unnamed platted street that runs east and west off Beardall Avenue to Eaglewoods Trail.

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

Principal Planner, Buddy Balagia, addressed the Board to present request for CDBG Funding Assistance regarding the level of funding for joint participation in a swimming pool requested by the Seminole County School Board; pool to be located at Seminole High School in the City of Sanford. He stated he has located $125,000 in unprogrammed funds toward this goal, and the City of Sanford is also contributing $500,000 to the project.

Commissioner McLain stated he has spoken with the Chairman of the School Board and explained that he is supportive of the pool for north Seminole County. He said the City of Sanford has agreed to a half million dollars, and he thinks it is reasonable for the County to match that. The Board needs to look at this amount over a three-year period. This would be a binding partnership with the County, School Board and City.

Chairman Morris stated if this is only to be CDBG funds, he is concerned where funds would come from in the future years.

Under discussion, Commissioner McLain stated this is not just a school pool, but is a community pool like the YMCA.

Motion by Commissioner McLain, seconded by Commissioner Adams, to move forward with a three-year funding strategy to commit half a million dollars with CDBG funding with the School Board and City of Sanford, and staff is to work with these partners and come up with how this pool will be managed and what hours it will be available to the public and bring back a report at a later date.

Under discussion, Commissioner Maloy stated this is more of a School Board item and the School Board should be funding it fully. He said he doesn’t see how the citizens are going to have easy access to the pool, especially with the safety of the school considered. He thinks they need to do more fixing of roads with CDBG money. He said this is a questionable need to him.

Commissioner Van Der Weide said he will support the motion. Commissioner Adams said this is going to be a community pool and that is why he is supporting it.

Districts 3, 4, and 5 voted AYE.

Commissioners Maloy and Morris voted NAY.

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Ms. Chandler and Transportation Specialist, Dick Thomas, addressed the Board to present request for Board direction for staff to proceed with the Howell Branch Road Corridor Study, as outlined, at a cost not-to-exceed $50,000.

Chairman Morris said the Board asked for a study because the traffic counts were not materializing as they thought they would.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve staff to proceed with the Howell Branch Road Corridor Study, as outlined, at a cost not-to-exceed $50,000.

Under discussion, Commissioner Maloy said he thinks there are some safety problems that could be addressed immediately, but with the expenditure of this money, he doesn’t know what they are going to find out that they don’t know already regarding the traffic projections.

Chairman Morris stated this is a fulfillment of the commitment to folks like Mr. & Mrs. Dobbs to handle this as a community plan.

Commissioner Maloy questioned why would it take another year of study, and Chairman Morris said he would ask for a report by January 1.

Ms. Chandler explained that there is no additional staff to initiate this work until December of this year. Discussion ensued.

Mr. & Mrs. Charles Dobbs addressed the Board. Mr. Dobbs stated they have never been informed that the widening project was called off. Mr. Thomas explained that widening is being proposed as an alternative along with other enhancements for the road.

Commissioner McLain left the meeting room at this time.

Commissioner Adams stated he would like to see incorporated into the study the possibility of complete redevelopment of this area. He doesn’t want to spend a lot of money building bottlenecks. He said they also need to look at the property they purchased and if the road counts are not there, maybe they need to sell the property for redevelopment.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve authorization to purchase Bill Spring’s property within Mineral Springs Subdivision (Natural Lands – Hiley’s Outparcel); and authorize Chairman to execute Contract, as shown on page __________.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve moving the request to Vacate and Abandon Portion of Wekiva Springs Lane Right-of-Way (Wekiva Presbyterian Church) to the 1:30 afternoon meeting for Board action.

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

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

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

No Report.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the Official Minutes dated July 14, 1998.

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

Commissioner McLain reentered the meeting at this time.

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Chairman Morris announced that due to time constraints, the first work session for today will be rescheduled for discussion in two weeks, but the second work session for the 1998/99 Budget Review will be held this afternoon. The Board had no objections.

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The Board recessed the meeting at 1:10 p.m., reconvening at 2:05 p.m., with all Commissioners and all other Officials, with the exception of Commissioner Van Der Weide who entered late and Deputy Clerk, Carylon Cohen, who was replaced by Deputy Clerk, Sandy Wall, who were in the Opening Session.

The Invocation was given by Pastor John Powers, First United Methodist Church of Oviedo.

Chairman Bob Dallari of the City of Oviedo led the Pledge of Allegiance.

The Chairman advised that Item #E3(a), Request to vacate and abandon Wekiva Springs Lane right-of-way, Wekiva Presbyterian Church, cannot be considered during this meeting.

Development Review Manager, Gil Backenstoss, addressed the Board to advise this will be scheduled for a public hearing on September 8, 1998.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-153, as shown on page _________, opposing legalization of any and all Schedule I drugs and any such drug legalization which may be proffered now or in the future.

Districts 1, 2, 4 and 5 voted AYE.

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The Chairman presented Deputy Chief Terry Schenk with a Proclamation from the City of Ormond Beach expressing their appreciation for outstanding service during the recent fire storm crisis.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-154, as shown on page ________, in recognition of those individuals/agencies who assisted during the recent firestorms in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner McLain left the meeting at this time.

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

Districts 1, 2 and 4 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance increasing the excess service charges in order to increase funding of the legal aid program, received and filed.

Assistant County Attorney, Rob Gebaide, addressed the Board to advise the proposed increase would be from $8.00 to $16.00 and would become effective October 1, 1998.

Commissioner McLain re-entered the meeting at this time.

Attorney Sylvia McLain, Executive Director of the Seminole County Bar Association Legal Aid Society, addressed the Board to advise Legal Aid provides free legal services and handles non-criminal civil cases in the area of family law. She explained their pro bono attorneys donate their time.

No one else spoke in support or in opposition.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt Ordinance #98-40, as shown on page _______, increasing excess service charges in order to increase funding of the legal aid program, as described in the proof of publication.

Districts 2, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Senior Planner, Tony Matthews, addressed the Board to give an update on the Battle Ridge Properties development. He advised the Department of Community Affairs issued a finding of compliance on the plan amendment. He stated the Board has the option of initiating a plan amendment administrative proceeding or taking no action at all. He added that representatives from the Cities of Oviedo and Winter Springs are in attendance and wish to speak to this item.

Commissioner McLain stated Mr. Grey Wilson from the Black Hammock area also wishes to speak and he would request that he have an opportunity to do so. The Board voiced no objections to same.

Mayor Paul Partyka of the City of Winter Springs addressed the Board to submit a letter (copy was received & filed) from the City requesting the County to not join the City of Oviedo in appealing the Battle Ridge plan amendment.

Attorney Fred Lenhart, representing Battle Ridge Properties, addressed the Board to express his appreciation to the County for monitoring this process and for providing constructive suggestions for this development. He stated the property owner and the City took all of those suggestions to heart and incorporated them into the development plan. He said the agreement that the property owner and the City reached is one of the most aggressive and productive agreements that he has had an opportunity to work with. He clarified that the density is 2.56 units per acre and the project is limited to 210 single family units. He advised that the owner will deed the entire conservation area to the County.

Commissioner McLain expressed his concern that there is only a ten-foot buffer between the R-3 zoning to the east and 8,000 foot (R-1) Battle Ridge lots. He said he would like to see larger lot sizes adjacent to the R-3 zoning. Whereupon, Attorney Lenhart advised the next step would be to submit a subdivision plan.

Commissioner McLain stated that the County is at a point where they need to decide whether or not to challenge the amendment; and for the County to not appeal, he believes he needs to be assured that the proposed development is more compatible than what he is seeing now.

Attorney Bob Gurthrie, City of Winter Springs, addressed the Board to state they believe the public is receiving a significant advantage by having a large amount of acres set aside as a conservation easement. Discussion ensued.

Commissioner McLain reiterated that he wants to make sure that the rural lifestyle (R-3 lots) adjacent to this development is protected as much as possible. He added that there is only so much useable land in this development.

Mr. Bass, representing Battle Ridge Properties, addressed the Board to state they have been working with both the City and the County for three years and feel that they are a ping pong ball going back and forth between three local governments.

Grey Wilson, 1330 MacTavandish Road, addressed the Board to advise he represents the Black Hammock area. He expressed his concern about how the developer arrived at the density figure. He said he believes the DCA looked at this "piece-by-piece" and the residents look at it regionally. He stated that he feels there was no public input in the City of Winter Springs’ process. He urged the Board to join in the appeal with the City of Oviedo.

Discussion between the Board and Director of Planning & Development, Frances Chandler, ensued with regard to the annexation boundaries and city policy statements.

Chairman Bob Dallari, City of Oviedo, addressed the Board to submit into the Record his letter dated August 11, 1998 (received & filed) to Chairman Morris regarding the annexation of Battle Ridge into the City of Winter Springs. He stated the City of Oviedo has abided by their policy that there will be no annexation north of SR 434 or Florida Avenue so as to protect and preserve the rural character.

Commissioner Van Der Weide entered the meeting at this time.

Chairman Dallari stated the Friends of Lake Jesup is still active and have hired an engineering firm to perform a basin study. Only after that study will everyone understand what must be in place to provide stormwater management solutions. He outlined the reasons why the City of Oviedo objects to the Battle Ridge amendment (listed in submitted letter). He advised that the City of Oviedo is still willing to enter into a joint planning area agreement. He said that the biggest problem they have with the Battle Ridge project is that it is a moving target – it is always changing. He added that the City of Oviedo would appreciate the County’s support on this issue. Copy of letter from the City of Oviedo to Mayor Paul Partyka of Winter Springs and copy of a letter from the City of Oviedo to Chairman Morris dated August 7, 1998 were received and filed.

Upon inquiry by Commissioner Adams, Mr. Matthews advised the deadline for filing an appeal is August 21, 1998.

Chairman Morris stated one of the issues that is still outstanding, after all the discussions, is annexation.

City Manager of Winter Springs, Ron McLemore, addressed the Board to advise the City tried to respond to all of the issues; however, they do not agree to the total ban on annexation. Therefore, they have told the Black Hammock residents that they would love to have them in their City limits with one unit per five or ten acres, if they want to be in the City. He further advised that the City of Winter Springs would agree to a total ban on annexation if the City of Oviedo amends their Comp Plan.

Chairman Morris stated there is still no agreement, which does not give closure to the issue of the Small Area Study because of the words "involuntary" versus "voluntary". Discussion ensued.

Commissioner Van Der Weide stated he is worried about the County’s relationship with Winter Springs if the Board continues to be in the middle of this issue.

City Manager of Oviedo, Gene Wiliford, addressed the Board to reiterate the City’s annexation policy.

Chairman Morris stated that because they have not resolved some of the issues which have been discussed over the last three months, he would recommend the County initiate a plan amendment administrative proceeding and enter into mediation, with the hope that in a few short weeks these issues will be resolved. He stated that this will be consistent with what the County has been saying for the past four years.

Motion by Commissioner McLain, seconded by Commissioner Adams to join with the City of Oviedo in initiating a plan amendment administrative proceeding with regard to the Battle Ridge Properties development, based on the Chairman’s recommendation.

Under discussion, Mayor Partyka questioned if the motion included discussions of the joint planning agreement so that both issues can be dealt with. Whereupon, Commissioners McLain and Adams agreed to include in the motion, an authorization for mediation regarding the Battle Ridge property.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

The Board voiced no objections.

Mr. Dwyer presented the Developer’s Commitment Agreement and Final PUD/PCD Master Plan for ZOM Dodd Road/Red Bug Lake Road PUD, Miller Sellen. He advised the applicant is requesting a slight modification to the area of the Walgreen’s site on the south parcel (increasing the size from 2.0 to 2.2 acres) to accommodate adequate parking and additional open space. This would reduce the acreage of the adjacent office tract from 12.6 to 12.4 acres. He stated that a commitment has been deleted which would have required the developer to provide an additional left turn lane on Red Bug Lake Road. The applicant has provided an intersection study, which supports the request.

Motion by Commissioner Maloy, seconded by Commissioner Adams to approve the Final PUD/PCD Site Plan and Developer’s Commitment Agreement, as shown on page ________, for the ZOM Dodd Road/Red Bug Lake Road PUD/PCD, Miller Sellen.

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

Senior Planner, Francis Aihe, Development Review, addressed the Board to present the Preliminary Subdivision Plan of Westlake Estates for West Lakes Estates Inc. The property is located on the east side of Orange Boulevard, near SR 46 in Section 30, Township 19 South, Range 30 East.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Plan of Westlake Estates for West Lake Estates Inc.

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

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Mr. Aihe presented the Preliminary Subdivision Plan of Lake Forest 12A and 12B for Dyer, Riddle, Mills and Precourt, Inc. The property is located on Orange Boulevard, west of South Oregon Street, near SR 46 in Section 19 and 20, Township 19 South, Range 30 East.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan of Lake Forest 12A and 12B for Dyer, Riddle, Mills and Precourt.

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

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Mr. Aihe presented the Preliminary Subdivision Plan of Alaqua Lakes Phase IV for Taylor Woodrow Communities. The property is located at the southwest corner of Lake Mary Boulevard and Markham Woods Roads in Section 15, Township 20 South, Range 29 east.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan of Alaqua Lakes Phase IV for Taylor Woodrow Communities.

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

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Mr. Aihe presented the Preliminary Subdivision Plan of River Landing. The property is located one block south of Wekiva Springs Road in Section 31, Township 20 South, Range 29 East.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Preliminary Subdivision Plan of River Landing.

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

The Chairman gave an update of the Time Warner negotiations with regard to broadcasting BCC Meetings. The contract for same will be submitted for consideration during the BCC meeting of August 25, 1998. He added if approved, the broadcasting should begin during the month of September.

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Upon inquiry by the Chairman, Planner, Dick Thomas, addressed the Board to briefly discuss the proposed expanded Lynx bus service from Volusia County to the Heathrow/Sanford area. The Lynx representatives will need to report back to the Board during the August 25, 1998 meeting.

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

Commissioner Maloy questioned if the garbage hauler negotiations are still ongoing. Whereupon, County Manager, Gary Kaiser, advised they are as far as he knows.

Commissioner Maloy advised the Board of a complaint he received concerning pick-up on Mondays that are holidays. The Board voiced no objections to staff reporting back with regard to pick-up service and negotiations.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to appoint Bill Daniels to the Parks & Recreation Advisory Board for a term ending January 1, 1999; and to adopt appropriate Resolution #98-R-167, as shown on page ________, commending Kelli Bass for her services.

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

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Commissioner Van Der Weide stated he wants the Board to re-address the water restrictions; and believes, at the very least, the restriction for car washing should be terminated.

Mr. Kaiser advised there is still a problem with the Lynwood Water Plant and he would like to report back to the Board with regard to same.

Motion by Commissioner Van Der Weide to remove the water restriction dealing with car washing.

County Attorney, Robert McMillan, advised these restrictions were done by Executive Order so a motion is not needed.

The Chairman advised he will issue an Executive Order regarding the restriction dealing with washing cars on grass.

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Commissioner Adams discussed the need for sidewalks in the Tanglewood area.

Motion by Commissioner Adams, seconded by Commissioner McLain to install sidewalks in the Tanglewood area provided the cost of constructing in-house (which is estimated at $10,000) is split between the County and the Homeowners Association 50-50.

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

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Motion by Commissioner McLain, seconded by Commissioner Maloy to appoint Jay Jurie to the Library Advisory Board for a term ending January 1, 2000.

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

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Commissioner McLain stated he would like staff, along with the Public Safety Department, to come back with a policy and action plan to fully utilize the private sector (volunteers & equipment) for future diasters.

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The Chairman announced that Public Hearing Items #IVA and #IVB, Appeals against the Board of Adjustment for Keith Napier and Elder Healthcare Developers, LLC, respectively, scheduled for this evening, will be continued.

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The Chairman recessed the meeting at 5:09 p.m., reconvening at 7:09 p.m., with all Commissioners and all other Officials, with Deputy County Attorney, Lonnie Groot, being in attendance, with the exception of Deputy Clerk Sandy Wall, 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 an Appeal against the Board of Adjustment in approving for Lenard J. Persin a Special Exception to permit an 80-foot high amateur radio tower on property located on the south side of Brookside Circle, approximately ¼ mile south of Tuscarora Trail, within the Forest Brook Subdivision, Keith Napier, received and filed.

John Dwyer, Current Planning Manager, addressed the Board to advise the Board previously directed staff to continue this item and the property owners were notified of the continuance. He stated staff is requesting that this item be continued to Sept. 8, 1998 at 7:00 p.m.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner Adams, seconded by Commissioner Maloy to continue to September 8, 1998 at 7:00 p.m. or as soon thereafter a possible, request for an Appeal against the Board of Adjustment in approving for Lenard J. Persin a Special Exception to permit an 80-foot high amateur radio tower on property located on the south side of Brookside Circle, approximately ¼ mile south of Tuscarora Trail, within the Forest Brook Subdivision, as described in the proof of publication, Keith Napier.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit an ALF, Assisted Living Facility, proposed for a 4.48 acre site located on the west side of Markham Woods Road, approximately 1½ miles north of Lake Mary Blvd., between the Markham Woods Baptist Church and the Markham Woods Presbyterian Church, Elder Healthcare Developers, LLC, received and filed.

Mr. Dwyer advised that staff is requesting that this item be continued to August 25, 1998 at 7:00 p.m.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner McLain, seconded by Commissioner Adams to continue to August 25, 1998 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal against the Board of Adjustment in denying a Special Exception to permit an ALF, Assisted Living Facility, proposed for a 4.48 acre site located on the west side of Markham Woods Road, approximately 1½ miles north of Lake Mary Blvd., between the Markham Woods Baptist Church and the Markham Woods Presbyterian Church, as described in the proof of publication, Elder Healthcare Developers, LLC.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider an Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road, ¾ mile south of CR 46A, containing approximately 14.4 acres, Shutts & Bowen, received and filed.

Mr. Dwyer advised staff is requesting a continuance of this item and the reason for this is the Planning & Zoning Commission (P&Z) only took action on the land use amendment and not the rezoning. He stated two motions are necessary according to the law. Staff is planning to bring this request back to the P&Z on September 2, 1998. He said Attorney Wright is requesting a 30-day continuance and it will be scheduled for the first meeting in September or to a date certain.

Motion by Commissioner McLain, seconded by Commissioner Adams to continue to September 8 at 7:00 p.m. request for an Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road, ¾ mile south of CR 46A, Shutts & Bowen.

James Purdy, 894 Lakeworth Circle, addressed the Board to advise he represents Lakeside and Lakeworth Circle in Heathrow and they are directly affected by the action the Board is planning to take. He stated he was informed today that the Board received a fax Monday at 4:36 p.m. requesting that this item be continued. He said he would like to know whether or not those requesting the 30-day continuance have submitted all of the documents required in compliance with Florida Statutes 403 and 163, which requires the EPA impact study and approval by the State Department of Community Affairs.

Lonnie Groot, Deputy County Attorney, addressed the Board to state Statute 403 relates to environmental permitting specifically to water and sewer and that will be addressed at a later stage of development approval if it gets to that point. He stated everything that needs to be submitted has been submitted. If the applicant had not requested a continuance, staff would have asked for one as there was a problem at the P&Z Commission that needed to be addressed. Discussion ensued between Mr. Purdy, Mr. Groot and the Chairman relative to whether or not the County received all of the required material.

Attorney Cecelia Bonafay, representing Mr. & Mrs. Fred Edwards, addressed the Board to state her clients just learned of the 30-day continuance request. She stated Mr. Edwards conducts business overseas and he is scheduled to be out of the country the month of September, but he can be back on September 22. She said he would like the Board to consider continuing this item until that time. She added Mr. Edwards is represented by counsel and feels it is imperative that he should be at that meeting, and he would like the Board to consider the September 22 date.

Upon inquiry by Chairman Morris, Cindy Matheny, Senior Planner, addressed the Board to advise the Board will take action on the other amendments and rezonings tonight and this (Shutts & Bowen) amendment and rezone will be postponed. She stated the adoption of the ordinance would be held up until action is taken on this plan amendment.

Attorney Ken Wright, representing Shutts & Bowen, addressed the Board to state he concurred with the previous continuance. He stated he does have a need in progressing this as well as the County does. He said he is as anxious in getting this matter behind them so it can get to DCA. Mr. Edwards has elected to participate in this process and he feels it is a little too much to continue this matter twice based upon his travel plans.

Fred Edwards addressed the Board to state he has tried to point out many things they feel are wrong with this project. He stated he concurs with the continuance as he feels these issues were not corrected and should not be voted upon tonight.

No one else spoke in support or in opposition.

Public Comment Form was received and filed.

District Commissioner McLain stated he feels it is important to have all parties present, therefore, he has no objections to continuing this item for September 22, 1998.

Commissioner McLain withdrew his original motion and Commissioner Adams withdrew his second.

Motion by Commissioner McLain, seconded by Commissioner Adams to continue to September 22, 1998 at 7:00 p.m., or as soon thereafter as possible, request for an Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road, ¾ mile south of CR 46A, containing approximately 14.4 acres, as described in the proof of publication, Shutts and Bowen.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider Amendment from Suburban Estates to Planned Unit Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Orange Blvd., north and south of Ohio Avenue, containing approximately 130 acres, Dan and Rebecca Pelham/Allan Keene, received and filed.

Ms. Matheny stated at the 2/24/98 meeting the Board voted to transmit the Planned Development Land Use and Rezoning to the Department of Community Affairs (DCA) for their review. She stated the DCA reviewed the proposed amendments and have issued an Objections, Recommendations and Comments (ORC) Report dated June 16, 1998. The report indicated objections to the amendment based on (1) Availability of public facilities; (2) Compatibility with the surrounding land uses; (3) Necessity for increased residential density; (4) Consistency with the Wekiva River Protection Act; and, (5) Consistency with the State Comprehensive Plan. Staff has prepared a response to the report and feels that their response adequately addresses the concerns of the DCA.

Hugh Harling, Harling Locklin & Associates, addressed the Board to state he is in agreement with the staff’s report. He said he has met with the residents and they have given him constructive things to include in the project and they have tried to accommodate them. At a recent meeting, they have come up with the following commitments: (1) Make every effort of preserving as many trees as possible; (2) There will be no residential streets along the perimeter of the property; (3) They have agreed to use low-level country-type lighting; (4) Delaware and Ohio Streets will remain as dirt streets; and (5) Additional landscaping along the entrance road. He stated there were some concerns about habitat in that area and pollution from residential development. He submitted copies of a handout titled "Create a Backyard Habitat" and a pamphlet from the St. Johns River Water Management District on how you can reduce pollution coming from residential yards (both were received and filed). He stated he will be glad to answer any questions.

Faith Jones, 763 Mallard Dr., addressed the Board to read her comments (received and filed) opposing the plan amendment and rezone. She spoke with regard to the need for this type of development, compatibility of the plan, and the inevitable disappearance of the wildlife in the area. She urged the Board to vote as advised by staff and the P&Z Commission. She submitted copies of Seminole Estates Resales of Vacant Lots; her comments along with maps showing future land uses (generalized); lots for sale or have been sold; average assessed values of surrounding lots; emergency response time; and copies of letters (all received and filed) that were sent to the Board.

Cheryl McPherron, 2103 Corena Dr., addressed the Board to state she represents Defenders of Wildlife. She stated there are fewer than 1500 black bear in the State of Florida and because of this they are listed as State threatened. There are five major areas of bear population in Florida and they are Eglin Air Force Base, Apalachicola National Forest, Big Cypress, Osceola National Forest, and Ocala National Forest/Wekiva Basin. The Wekiva Basin is the southern limit of bear population. Bears have successfully coexisted with humans without major incidents due to the rural nature of the private land surrounding these conservation areas. The proposed development borders conservation lands, bear habitat and presents danger to people as well as bears. Bears can be attracted to pet food as well as the smell of barbecue grills and unsecured garbage. Increased traffic could increase the number of bears killed on surrounding roads. Preserving the rural character of west Seminole County is the most compatible development for conservation land and species and it would minimize the human bear conflict. She submitted a paw print of a Florida black bear and pamphlets of how to live with the Florida black bear (All were received and filed).

Chris Smith, 5420 Nevada Ave., addressed the Board to advise her property borders North Maryland Avenue and that is the proposed access to the Astor Farms project. She stated there has been a long-term concern of the homeowners along North Maryland regarding the ownership of the roads. She said her question is "Can the County prove that these are public roads?" If the Board decides to proceed with the project without further investigation, then the homeowners will litigate. Once they file the suit, she would recommend the County obtain indemnification from the developer to pay the legal costs. It is prudent that the road ownership should be resolved. Therefore, she would recommend that a meeting be scheduled with the County Attorney, First American Title Insurance Co., the developer, herself, and other affected homeowners so that this issue can be put to rest. She submitted a copy of her comments and a copy of photographs of Maryland Avenue and Nevada Street and surrounding area.

Upon inquiry by Commissioner Maloy, Ms. Smith advised she has never seen any proof that those are public roads. She stated she would like to find out that if those roads were offered to the County and were accepted by them.

Fred Hardin, representing Friends of the Wekiva River, addressed the Board to discuss the County’s environmental record over the past 10 years; the Wekiva River Protection Act; the concern of the County’s resources to support additional growth; and public potable water supply without pulling saltwater further into the aquifer. He stated he recommends that the development densities within the Wekiva River Protection Act be restricted to those called for in the Act and which are consistent with the current Comprehensive Plan and the surrounding area. He said he sees no alternative but to reject any proposal that may jeopardize or compromise the long-term benefits derived from the continued protection of this most significant natural resource. A letter from Mr. Hardin outlining his comments was received and filed.

Eugene Stoccardo, 715 Warrenton Rd., addressed the Board to state going from a higher density to a rural conservation area decreases the density from 15 to 20 homes in the city out to rural estates. He stated this development is not characterized properly with other development in the area. A Small Area Study is ongoing in that area and if the Board approves this request, then they are opening the door for litigation. He stated he would recommend waiting until the Small Area Study is completed.

Sam Kendall, 510 Hermits Tr., addressed the Board to state he is the Secretary of the Seminole Audubon Society. He read a letter (received and filed) from the President of the Seminole Audubon Society opposing the plan amendment.

Howard King, 5772 Michelle Ln., addressed the Board to state the two items that were at the top of the list during the Small Area Study meeting held last Tuesday was the quality and quantity of the water, and the protection of one-acre lot residential development patterns. The overwhelming majority of the citizens voiced their desire to uphold the Comp Plan. They felt that the Wekiva Protection area should remain in place and they urged that staff should place a moratorium on further changes to the Comp Plan until they can see what will happen with the current changes.

Chairman Morris read the following names from Written Comment Forms opposing the request: Barbara Stone; Edwin Holt; Monte Shoemaker; William Landy; Larry Kozak; R. Bischoff; Shirley Schue; Doris King; Howard King; E. Lise Hulme; Harry Smith; Robert Bugnacki; Kristine Bugnacki; Florence O’Connor; Harry Bryant; and Claire Bryant.

Deborah Shelley, Dept. of Environmental Protection (DEP), 8300 West SR 46, addressed the Board to state she is here tonight as a Manager of the Wekiva River Aquatic Preserve. She stated she and other local and regional DEP staff have reviewed the Comp Plan amendments. The DEP has submitted their objections to the DCA and recommended that this amendment be denied based on inconsistencies with DEP statutes and rules and other criteria established to protect the Wekiva River Basin. She said as Manager of the Wekiva River Aquatic Preserve, she supports the County’s existing Comp Plan policies and the existing Future Land Use map. She added she supports staff’s original recommendation of denying this project as she feels this project has numerous inconsistencies with the existing Comp Plan policies and it is not compatible with the rural character of the area and development trends in the immediate area along Orange Blvd. She pointed out the geographic similarities between SR 436 and Altamonte Springs, the Little Wekiva River and SR 46, and the Sanford area between I-4 and the Wekiva River.

Clarence Metzler, 739 Mallard Dr., addressed the Board to state as a taxpayer and resident of this County, he is concerned about the future of this State and County. He stated if the Board would follow the State Planning Dept. and Comp Plan, they would be able to form a nice community with balanced industrial, leisure, residential and rural properties working together. He urged the Board to reject this land use change.

Keith Schue, 30641 Edgewood St., addressed the Board to read his comments. He submitted his comments; letter from Eric Skogsberg, Chairman of the Sierra Club Central Florida Group; aerial maps with pictures of wildlife; Environmental Impacts and analysis; a letter from the Florida Natural Areas Inventory with attached map and element occurrence records; and reports of wildlife sightings.

Tom Stone, 5711 Deer Path Lane, addressed the Board to submit and read his comments regarding the issues of allowing higher densities than the Wekiva Protection Act allows; asking if the County will ignore their own Comp Plan and the citizens’ concerns; Mr. Harling’s commitment of overall density of 2½ units per acre; Commissioner McLain’s comments at the August BCC meeting; a more definitive plan; and the Bert Harris Property Rights Protection Act. He submitted comments relative to Astor Farms Land Use Change; long term value; response to petitioner’s Executive Summary for Land Use Change; and private property rights protection. A letter from Barbara Stone was received and filed.

Mr. Allan Keen submitted a Speaker Request Form but did not speak.

Mr. Dwyer stated he spoke with the Right-of-way Department with regard to legal access on Maryland Avenue and Delaware and they have indicated that those roads are County roads. He stated he has not read the deed restrictions, but based on their information they are public roads. About 30% of the property is considered to be located within the Wekiva River Protection area.

Upon inquiry by Chairman Morris, Mr. Dwyer advised the development doesn’t affect the density as long as the developer can display that the overall density is consistent with the Wekiva Protection Act.

Upon inquiry by Chairman Morris, Ms. Matheny advised the Board had requested a 50 ft. buffer along the west and south project line, with a wall to be included in that. The buffer would be exclusive of residential lots and a 25 ft. buffer along the east property line.

Mr. Dwyer added that within the buffer, there would be a combination of a wall and berm and it would be 7 ft. in height. Any buffers that staff reviews will be negotiable throughout the process.

At the request of Chairman Morris, Ms. Matheny explained the density issue and how the County calculates it. She and Mr. Dwyer pointed out where the conservation area is located.

Upon inquiry by Chairman Morris, Mr. Groot advised the Bert Harris Act is inapplicable at this time as the existing Comp Plan and zoning designations were in place prior to the effective date of the Act. If the Board changed it and then dropped back down to lower density or intensity, then Bert Harris would apply.

Mr. Harling stated the buffers were basically enacted at the transmittal Board meeting and detailed cross sections of the buffer were done on each side. They have calculated the density at 2.65 overall and that is equivalent to 345 units. He stated 2.1 units per acre fall within the Wekiva River Protection area and it is classified as low density residential. He added he has complied with the County’s policy for the protection of wetlands and resources, providing housing, and also they will close 50 wells that have discharged fresh water into the St. Johns River. By doing so, that will reduce the saltwater intrusion in the area. Very little habitat has been seen on site and 32 acres will be created for the wildlife as well as 20 acres of lakes and ponds. The Florida Dept. of Environmental Control has delegated their jurisdiction to the St. Johns River Water Management District (SJRWMD). He stated he has had a preapplication conference with DEP and he is required to provide additional storage on site, provide erosion control, and monitor water quality if they discharge into the Wekiva River. This project will not discharge into the Wekiva River.

At the request of District Commissioner McLain, Mr. Harling reiterated the issues they have agreed with the homeowners.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Written Request Forms were received and filed.

District Commissioner McLain stated at the first hearing the Board forwarded this item with prior conditions to the DCA and he would like to include the proposed new commitments.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Planned Development land use and PUD Rezoning; property located west of Orange Blvd., north and south of Ohio Avenue, containing approximately 130 acres, as described in the proof of publication, Dan and Rebecca Pelham/Allan Keene; and approval of the Development Order, as shown on page ________.

Under discussion, Commissioner Maloy stated he feels this is within reasonable limits as it will have a 50 ft. buffer and a 7 ft. wall/berm buffer with an addition of 25% open space, therefore, he can support the request. He stated he can sympathize with the property owners in trying to do the best for their property without harming the residents’ property values.

Chairman Morris stated the issue here is where do you stop the buffering to natural lands versus to what the current uses are in the surrounding area. He stated he doesn’t think the environmental purposes are better served or worst served than the density here.

Mr. Dwyer stated staff needs to know what numbers of units are allowable so they will know what they are working with during the final master plan. Discussion ensued between the Board, Mr. Harling and staff and it was determined that the number of units will not exceed 345.

Upon inquiry by Mr. Dwyer, Mr. Groot advised the motion includes the land use amendment as well as the rezoning.

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

Commissioner Adams voted NAY.

Proofs of publication, as shown on page _______, calling for a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located north of Markham Road, south of South Lake Sylvan Drive, ½ mile west of Orange Blvd., containing approximately 97.5 acres, CFG Real Estate Group, Inc., received and filed.

Ms. Matheny stated at the first public hearing the Board voted to transmit Planned Development Land Use. She stated the DCA reviewed the proposed amendments and has issued an ORC Report. The report indicated objections to this amendment based upon (1) Availability of public facilities; (2) Compatibility with the surrounding land uses; (3) Necessity for increased residential density; (4) Consistency with the Wekiva River Protection Act; and (5) Consistency with the State Comprehensive Plan. Staff has prepared a response to the ORC report and feels that the response adequately addressed the concerns of the DCA. She stated the applicant has submitted additional environmental information and other information substantiating consistency with the Wekiva River Protection Act (both received and filed). Staff has reevaluated the applicant’s information related to stormwater runoff on the PUD plan; provision of a trailhead; and the stipulation made as part of the BCC motion at transmittal limiting the number to 215 units. Staff feels that the applicant has demonstrated consistency with the Protection Act, they can maintain the overall character of the area, and they were consistent with development trends. Therefore, staff recommends approval of the amendment with findings as enumerated at the BCC 2/10/98 meeting. Staff further recommends approval of the PUD zoning and preliminary master plan with an additional condition to the Development Order stipulating that the applicant maintain 100% of the stormwater runoff on site.

Attorney Ken Wright, representing CFG Real Estate, addressed the Board to state he concurs with staff recommendations and other than the additional information submitted, he has nothing new to submit to the Board. He stated he will be glad to answer any questions.

Bernie Durell, 6255 Sandy Lane, addressed the Board to state his property borders the property west of the proposed entranceway. He stated about a year ago CFG Real Estate approached him about selling his property and he agreed at that time. About four months ago, the applicant bought the property next to his for the right-of-way and since then they have rescinded their offer of buying his property. He stated his concern is he is going to be an island out in the middle of this development and his property value will decrease. He said he is curious how they can get an easement through the railroad bed as the proposed easement is about 1/10 of a mile from a blind curb and this will be a safety issue.

Upon inquiry by Commissioner McLain, Ms. Matheny advised staff was aware that the entrance road to the subdivision would cross the trail and they will work with the applicant during the site plan review to ensure that it is a safe crossing.

Chairman Morris recommended that staff contact Mr. Durell to explain to him how the trail system works and how the right-of-way with the railroad will work.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Written Comment Forms from Tom Stone and Tonya Rowland were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Planned Development Land Use and PUD Rezoning; property located north of Markham Road, south of South Lake Sylvan Drive, ½ mile west of Orange Blvd., containing approximately 97.5 acres, as described in the proof of publication, CFG Real Estate Group, Inc., and approval of the Development Order, as shown on page _________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located east of Orange Blvd., approximately 700 ft. north of CR 46A, containing approximately 51.6 acres, Shutts & Bowen, received and filed.

Ms. Matheny advised at the 2/24/98 meeting, the Board voted to transmit Planned Development Land Use and Rezone to the DCA. She stated the DCA has reviewed the proposed amendments and has issued an ORC Report dated June 16, 1998. The report indicated objections to this amendment based upon availability of public facilities, compatibility with the surrounding land uses, and necessity for increased residential density. The staff has prepared a response to the ORC report and feels that the response adequately addressed the concerns of the DCA.

Attorney Meredith Harper, representing Shutts & Bowen, addressed the Board to state she has agreed to donate joint stormwater retention to accommodate stormwater for Grantline Road.

Chairman Morris called for Larry Stinbrink to speak, but he was not in attendance. Speaker Request Form for Mr. Stinbrink was received and filed.

Written Comment Form from Tom Stone was received and filed.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt Planned Development Land Use and PUD Rezoning; property located east of Orange Blvd., approximately 700 ft. north of CR 46A, containing approximately 51.6 acres, as described in the proof of publication, Shutts & Bowen, and approval of the Development Order, as shown on page _________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider Comprehensive Plan Future Land Use Element Policy 2.2.9 – related to Determination of Compatibility in the Low Density Residential Future Land Use Designation, received and filed.

Ms. Matheny stated staff has been working for some time with the Mid-Florida Homebuilders Association in creating a method for determining single-family residential zoning compatibility. She stated staff will be presenting the findings and recommendations on August 25 for the Board to consider. The proposed amendment tonight facilitates the implementation of the stability standards through the Land Development Code.

Mr. Dwyer informed the Board that the Home Builders Association has requested that the Board not act on the proposed policy tonight as they would like it continued.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Comprehensive Plan Future Land Use Element Policy 2.2.9 – related to Determination of Compatibility in the Low Density Residential Future Land Use Designation, 985.TXT1, as described in the proof of publication.

Written Comment Forms from Robert Bugnacki and Kristine Bugnacki were received and filed.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider Amendment to Table 2.3 of the Future Land Use Element, received and filed.

Ms. Matheny advised this is a modification to the Comprehensive Plan Table 2.3 under Low Density Residential that there are standards for compatibility, which will be contained in the land development.

No one spoke in support or in opposition.

Written Comment Forms from Kristine Bugnacki and Robert Bugnacki were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve Amendment to Table 2.3 of the Future Land Use Element, 98S.TXT2, as described in the proof of publication.

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

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Motion by Commissioner McLain, seconded by Commissioner Maloy to continue to September 22, 1998 at 7:00 p.m. or as soon thereafter as possible, Land Use Amendments/Rezonings (changes in future land use designations and zoning classifications).

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Public Decency Ordinance, received and filed.

Mr. Groot stated this public hearing concerns an ordinance being proposed to the Board by a citizen initiative under the provisions of the Seminole County Home Rule Charter. The Board, pursuant to the Charter, may either enact the proposed ordinance or adopt a resolution, which places the Ordinance before the electorates at a referendum election to be held in November. He stated the ordinance has been proposed by a group of citizens and they have asked that Mr. Nelson of the Liberty Counsel and Pastor George make a presentation describing the ordinance and the intent of the proponents.

Upon inquiry by Commissioner Maloy, Mr. Groot advised the action today, under the Charter, can be done by one motion to not enact the ordinance and adopt a resolution by placing the matter before the electorates. He stated it his opinion that it is not required to have two separate actions. Discussion ensued.

Pastor Mark George, 350 Pine Ridge Road, addressed the Board to state he is the Chairman of the Seminole County Citizens for Decency Political Action Committee. He stated the Committee, pursuant to the Home Rule Charter provision, petitioned the Board to enact the ordinance tonight. If the ordinance is not enacted, then they are requesting that the ordinance be placed on the November ballot as a referendum item. He stated 10,000 signatures have been submitted and verified by the Supervisor of Elections. On April 1, 1997, a joint letter was written by the Chairman and Sheriff Eslinger to the Mayors, City Commissioners, City staff and Police Chiefs of Seminole County announcing their undertaking of a evaluation of the adult entertainment establishments and sexually oriented businesses codes in Seminole County. He read the letter into the Record. He said he is here tonight presenting the petition to the Board to enact the ordinance so that the goal of this letter can be a reality. Many Seminole County cities have amended their codes to prohibit total nudity and some have gone as far as separating the sale of alcohol from adult entertainment. A new adult entertainment club exists in the blighted area of south Seminole County. Adult entertainment is an important issue to the citizens as well as issues regarding community standards; property values; reduction of crime; elimination of the adverse effects; reduction of tax dollars being spent to police these clubs when the streets and neighborhoods can use increased protection; protection of children, destruction of the lives of men and their wives and their families; and a concern for the women who are exploited in such an industry as this. This is an issue in which the Board can rule on themselves knowing what the citizens want and what is best for the community. St. Johns County Attorney’s office has confirmed that no nude or bikini clubs have opened in their County since the enactment of the public nudity ordinance. Orange County has just beefed up their adult entertainment ordinance for clubs that have an appearance of adult entertainment. Leon County, City of Tallahassee, Polk County, Nassau County, City of Sarasota, Lee County, and Fort Myers have enacted and are enforcing public nudity provisions, therefore, they are taking a positive stride in protecting their communities. The answer here is for Seminole County to enact a public decency ordinance now and begin the process of lifting their community standards to a new level. He stated he would say it is time to resist this industry by strengthening the laws regarding the community standards of Seminole County.

Attorney Frederick Nelson, representing Liberty Counsel, addressed the Board to briefly discuss what the ordinance’s impact is designed to do and what citizens have asked the Board to do. He stated he believes that the majority of the citizens want the Board to uphold a certain standard and that standard is reflected in this ordinance. There are two questions he would like to ask the Board. One is, "is it appropriate to pass this ordinance" and the other is "by doing so, is it the thing that reflects the citizens’ votes?" He stated he feels the answer to both questions is yes. He said he has written State Statutes and various city and county ordinances, and he is willing to defend this as he knows the language is sound. This language has been challenged and it has been upheld as valid constitutional language. He stated if the Board is concerned about the legal ramifications, he will be happy to defend the County. The citizens feel that this is the right thing to do and they want the proposed ordinance passed now because they want to save time and save money for the County without having to go through the process.

Commissioner McLain stated this issue has been politicized greatly and the people who support the Board in passing this ordinance feel that the electorates should make the decision on issues like no new taxes without voter approval and no new debt without voter approval. He stated he would like to know why shouldn’t the people vote on this issue and decide their own community standards rather than having the Board make that decision for 360,000 people.

Mr. Nelson stated he doesn’t believe that any issue is less important or more important when the citizens want to have a voice. He said the citizens have a voice and they have it through the Board. Discussion ensued.

Paul Lovestrand, 500 Preston, addressed the Board to advise he completed the speaker comment form just to show his support to the ordinance.

Joseph Charles Holloway, Sr., 2310 Sandalwood Dr., addressed the Board to state nudity does not contribute to morality as there are places for it. The Board has the responsibility to protect morality of this county.

Stanley Coon, 7507 Betty St., addressed the Board to state he has lived in Seminole County for 14 years and he is the pastor of a church in Seminole County. He stated he has heard that each Board member say that they are Christians and they believe in God. He stated he feels it is clear that entry level spiritually can tell the difference between right from wrong when it comes to public nudity. He said he would ask the Board to enact the proposed ordinance.

Gary Walkley, 1741 Willa Circle, addressed the Board to state he agrees with the first speaker’s comments.

Edith Gildart, 2205 Winnebago Trail, addressed the Board to state she is an example of the old-fashioned group. She stated she doubts there are many today that experience real shock over places that endure and permit naked dancers. These places are doing away with childhood innocence and they do not need to be shocked when they grow up.

William Gildart, 2205 Winnebago Trail, addressed the Board to state the entrance to Seminole County and the area around SR 436 and U.S. 17-92 intersection is a blighted area. How can one clear up a blight without clearing up the core of the blight? The problem is the Board has refused to preclude total male and female nudity in such places and this has resulted in adverse impacts on surrounding communities and has invited the worst elements here to see it all. The good businesses do not desire to coexist with porno sin places. He said he congratulates the Seminole Citizens for Decency for obtaining legal experts in preparing the proposed ordinance. The City of New York is cracking down on the strip clubs and smut shops in the area and if they can do it, why can’t Seminole County. He added he predicts that in Seminole County the voice of the people will prevail. It is the job of the Sheriff to enforce the law to the best of his ability.

Nancy Jean Steinke, 100 Lisar Lane, addressed the Board to state she is in favor of the ordinance.

Nancy Ross, 104 Butternut Lane, addressed the Board to state she has lived in Seminole County since 1963 and she is here representing a large group of Christian women. She stated this group sent her here to encourage the Board to pass the public decency ordinance. Nude dancing brings in sexual addiction, perverts and pornographic followers into the County. Nude dancing is live pornography, which contributes to rape, crime, wife abuse, and the break-up of a family.

Lois Fairbrother, 973 Stonewood Lane, addressed the Board to state she believes she can speak for those women in the County who are 50 years or older. The thing they have in common is they are distressed by obscenity in the county. The older women in the County own property, businesses and they pay a lot of taxes. Bare bottom dancing and swinging around a pole is a tacky business and you can’t put enough bushes in front of these places to make them acceptable. She asked the Board to adopt the ordinance.

Jack Zelsman, 329 Nebraska Ave., addressed the Board to urge the Board to take the first step in enacting the ordinance and the first step in preventing a "Sodom and Gomorrah" type fire.

Mr. Zelsman read his wife’s (Patti Zelsman) comments supporting the ordinance.

Pamela J. Burgess, 508-23 Orange Dr., addressed the Board to state she has lived in the County for 11 years and she would like to encourage the Board to support the ordinance. She stated she believes that regulating public nudity is absolutely necessary to reverse the trend of lewd and lascivious behavior of the adult entertainment. It is documented that these acts bring in increased prostitution, sexual crimes, and other types of crime. She said she does not wish to have these types of activities nor the persons committing them in her neighborhood. She has driven along Orange Blossom Trail at 6:00 a.m. on a Sunday morning and has seen these women sitting in chairs in front of each of these clubs. She said she also has driven this area in the evening and has locked her doors for fear of her safety. She stated she does not want this lifestyle, nor does she want that scenery or danger in her County or neighborhood.

Sandy Gonzalez, 2520 Osage Trail, addressed the Board to state he has nothing more to add and he agrees with the comments of Mr. George, Mr. Nelson and Mr. Gildart.

Gerald Hill, 850 Woodcrest Cove, addressed the Board to state if the Board is interested in finding out what the people had to say about this issue, they would have already placed it on the referendum. If the Board does not pass this ordinance tonight, then he would interpret that they are not interested in what the people say. When a person begins to act irresponsible, they begin infringing on the rights and quality of life of other people. When that occurs, a good government will pass guidelines and laws to protect people as a whole.

Speaker Comment Forms supporting the Ordinance were received and filed.

Comment Forms supporting the Decency Ordinance from the following were received and filed, but did not speak: Larry Fairbrother; Cleo Shaw; Kenneth Rigby; Leslie Rawle; Larry Rodd; Ginger Sherman; Richard Shaw; Barbara Taylor; Craig Libby; Paul Banfield; Hector Gonzalez, Jr.; Tonya Rowland; Leigh Steinke; Stephen Brinton; Peggy Jo Brinton; Robert Wood; Betsy Lee Wood; Genevieve Hare; and Faye Messick.

Attorney Jeff Peters, 1266 Paul Russel Rd., addressed the Board to state he is speaking on behalf of a number of adult establishments owners who have hired him on specific issues of the ordinance. He stated Club Juana, Circus Circus and Rachel’s have hired him to discuss some issues regarding the signatures of the petitions submitted to the Supervisor of Elections. He stated the Citizens for Decency submitted these signatures to the Supervisor of Elections, but failed to ensure that all of the signatures were valid.

Chairman Morris informed Mr. Peters that the Board does not have the authority over the Supervisor of Elections, therefore, he is requesting that he not continue his testimony regarding the Supervisor of Elections.

Attorney Peters stated he is speaking specifically should the Board decide to allow the citizens the opportunity to vote on this issue. He stated the petitions must meet the legally required number of signatures in order for it to be placed on the ballot.

Chairman Morris stated the Board does not certify those numbers and if the Board decides to place it on the referendum, Mr. Peters’ comments are irrelevant.

Attorney Peters stated he will respectfully step down since he cannot discuss the horrible way in which these petitions were signed and the affidavits indicating as such.

Marti Mackenzie, 423 East Pine St., addressed the Board to state she is a public relations consultant and has been retained by a group of owners of adult entertainment businesses. She stated she represents the owners of the entertainment clubs mentioned earlier. She said these are outstanding businessmen, not porno kings, and they represent hundreds of employees that work in their clubs. The decency ordinance brings up issues that have never been professionally respected. She stated she feels that these clubs have more than 70 years of combined business experience and has operated well-run and up-scale adult clubs that serve adult customers. She said a survey was performed today of the people employed in the three businesses and 76 are single mothers, 89 are married mothers and 87 are students. They are not exploited women as they are happy working there and they have bosses who treat their employees with respect and compassion. The owners of these establishments also have standards, as they want to provide for their families, themselves and their employees. She stated in Seminole County, parents are more concerned about a good education, safety in the schools, secure portable classrooms and well-maintained roads than they are about the existence of adult clubs.

Dirk Main, 368 Commercial St., addressed the Board to state he is a father of four and he lives in Seminole County and he owns a food service business. He stated the adult entertainment clubs are his customers and the only thing he wants for his family is a good place to live. Adult clubs have been here before he came here and he is sure they will be here for a long time. He stated the people throughout the country have tried to tell Government that they do not want government intervention anymore and this is what he would like to see.

Archie Cannon, 261 Short St., addressed the Board to urge the Board to vote against the ordinance and give the people a chance to vote in November. He stated the Board has placed their political future on the line because they listened to the people. A lot of young people in this country are doing horrible things now according to the previous speakers. The religious people want the Board to follow the game plan exactly and they would like to dominate every citizen in Florida and in the country.

Bruce McKay, 5508 Garden Group Circle, addressed the Board to state he works in the entertainment industry as a bartender. He stated people who talk about these clubs claim that Seminole County is not attracting new residents or new business. He stated the statistics show that between 1960 and 1990 the population has increased by 500%. Anyone thinking that Seminole County is being avoided because of adult entertainment is being misled. The adult entertainment establishments run upscale businesses with upscale clientele and they go out of their way to make sure that the rules and laws are not violated.

Scott Miller, 613 Camellia Ct., addressed the Board to state he has lived in the area for 37 years and he has lived here knowing about the establishments and have enjoyed them. He stated he doesn’t think there is a need to change the community standards. Let the people decide whether they want it or not.

Jon Piacentino, 220 E. Wallace St., addressed the Board to state every time he turns on the news, he hears that the politicians want to put the adult clubs out of business. He said he is sick and tired of hearing how bad these businesses are. He has a business and he earns 80% of his gross revenues from these establishments. These businesses are run by good people who pay their bills quickly and treat him with kindness and respect.

Jerome Claxton, 8738 Pisan Dr., addressed the Board to state he attended the University of Florida and just graduated in May 1997. While attending the university, he did a project on the effects of the community and surroundings from the adult entertainment clubs. The cities that he focused on were Jacksonville, Miami and Orlando. In the early 1980’s, the adult entertainment clubs in Jacksonville went from that to bikini bars and within the next two years, bikini bars started popping up. The clubs in Casselberry are upscale clubs, but the ones in Tampa are like the saying "the best little whore house in Texas." You meet people such as doctors, lawyers, police officers, celebrities, professional athletes and State and City representatives in the upscale clubs in Casselberry.

David Wasserman, 228 Park Ave., addressed the Board to submit the Affidavits and Petition Form (received and filed) that Attorney Peters initially wanted to submit into the Record. He stated he is representing Cabaret, Circus Circus, Rachel’s and Club Juana. He said he would like the gentleman from the Liberty Counsel to address the issue of whether they would indemnify the County in paying their attorney’s fees should they end up in that type of situation. He discussed the Café 207 and Barnes cases and the problem with the Court system striking if it is no longer an applicable law general. He stated he feels the Board has done the right thing and he urges them to stay the course.

Upon inquiry by Commissioner Van Der Weide, Mr. Wasserman stated he feels the Board should table this issue until the voter fraud is investigated.

Chairman Morris advised that the Board cannot address voter fraud as this issue should be addressed with the Supervisor of Elections or with the Court system.

Mr. Wasserman stated he is going to submit a copy of the CRA study prepared by professionals for the City of Casselberry relative to empty buildings, such as the K-mart building, and they do not mention adult entertainment at all.

Frank Otero, 401 E. Semoran Blvd., addressed the Board to state he has been an employee of Rachel’s for three years and he is married and has two children. He stated there is no way he would jeopardize his career or reputation at the expense of a job. There have been several false accusations relative to prostitution and drugs in the clubs, and in the three years he has been there none of these violations have ever occurred. He stated he would not work in any environment that would be detrimental to himself or his family.

Tamara McCullough, 401 E. Semoran Blvd., addressed the Board to state she is a single mother and an employee of Rachel’s. She stated she doesn’t believe a person should be judged because of where they are employed. Because of her job and the hours she works, she is able to spend quality time with her children. All of the residents in the County are trying to raise their children in a safe and educational environment and that is what she is trying to do.

Jeffrey Cannon, 600 Thrush Ave., addressed the Board to state he is a student at Seminole Community College and he has lived in Seminole County for 20 years. He stated he feels that this law should go to the people. He discussed issues relative to defining decency and what they think is disgusting.

Laura Schneiderman, 176 Morning Glory Dr., addressed the Board to state she has nothing more to add.

Chairman Morris called for Melissa McGee, 2908 Quincy Ct., but she was not in attendance. He advised that she has some written comments.

No one else spoke in support or in opposition.

Speaker Comment Forms opposing the Public Decency Ordinance were received and filed.

Public Comment Forms opposing the Ordinance from the following who did not speak were received and filed: James Doolittle; Susie Doolittle; Ronnie Baker; Steve Juan; Amanda Brazee; Scott Hibbs; Tracy Pitt; Beverly Kauffman; Stuart Andriello; Michael Pinter; Gwendolyn Weeks; Collin Green; Hilda Steele; Gloria Taylor; Ronald Taylor; John Roberts; Frank Hershner; Margaret Jennings; Steven Nunes; Todd Shub; Angelique Hartung; Crystal Thurmond; Kelli Hafer; Jason Kasperowski; Erica Robillard; Mary Hoskins; Judy Wilson; Andrew Godby; Anthony Mattei; Rebecca Harbold; Amy Humphreys; Charimary Gonzalez; Todd Fratwell; and Jeramie Rusch.

Attorney Nelson answered Mr. Wasserman’s questions relative to the Café 207 case and indemnification. He stated no one is attempting to close down these clubs. All they want to do is have the same community standards as the other counties and to create a minimum standard.

Upon inquiry by Commissioner Adams, Attorney Nelson advised he believes that exemptions are written in such a way that an artist painting nude models is not an offense.

Sheriff Eslinger addressed the Board to state there were a couple of significant loopholes in the existing adult entertainment ordinance which have been closed since adoption of the Glitch Ordinance. He cautions the Board that a lot of the regulatory provisions in the existing adult entertainment ordinance relate to undress. If the Board moves forward with this, they would have to amend the existing adult entertainment ordinance. As a result of this, a total of 50 arrests have been made since June 1997, as well, as closing two swingers clubs, six scrub shops and three lingerie shops located in and around Seminole County. Seminole County is the only jurisdiction that allows nude dancing. When this issue was first brought up in 1997, he mentioned that he would like to see the Orange County version. Orange County just recently amended their version of stage of undress and it is quite clear whether or not an individual is in violation of the ordinance as opposed to the measurements proposed in this ordinance. The CCIB surveyed the number of vehicles parked at the adult entertainment establishments in the County and the overwhelming majority of those vehicles were registered to Orange County and other municipalities outside Orange County. During the last year, they have arrested 10 customers and only four were Seminole County residents and the other six were outside the area.

Upon inquiry by Chairman Morris, Sheriff Eslinger advised he does not recall closing any clubs in the past 25 years prior to what he just mentioned. He stated he would like to see the Board do something with the demand side.

Upon inquiry by Commissioner Maloy, Sheriff Eslinger advised in his opinion that with Seminole County allowing full nudity, it acts as a magnet for customers coming to this area.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt the Public Decency Ordinance.

Under discussion, Commissioner McLain stated this issue has become the largest political football he has ever seen. He stated over the last 18 months, the Board had a strategy in dealing with adult entertainment and they have been very successful. It is clear that this Board unanimously said they would support any kind of nudity ordinance going to ballot for voter approval, but the political strategy has been to make some of the Board members look pro-adult entertainment. He stated he is in favor of supporting the Sheriff and controlling and regulating adult entertainment and protecting the citizen’s constitutional rights. He said he supports sending this to the people and allowing them to make the decision.

Commissioner Adams stated he believes he is on record saying that if he had his way, he would have ordered air strikes against this type of industry. He stated he would like to amend the motion to include that this issue will be sent to the public for them to make a decision.

Chairman Morris stated he feels that the amendment is out of order, therefore, he cannot accept it.

Commissioner Maloy stated the Board can move forward now and enact the ordinance and not make Seminole County a magnet anymore. He stated over 12,000 people signed this petition as they want to see stronger community standards and he is prepared to respect that. This is an issue that many people deeply believe in and they went through extreme efforts to collect this amount of signatures and that speaks well of the people in the County.

Chairman Morris stated he cannot support the ordinance as he feels the logical thing to do is to take it to the voters.

Districts 1, and 3 voted AYE.

Commissioners Morris, Adams and McLain voted NAY, whereupon, the motion failed for lack of a majority vote.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt Resolution #98-R-168, as shown on page ________, placing the Public Decency Ordinance before the electorates of Seminole County at a referendum election to be held in conjunction with the General Election on November 3, 1998, as described in the proof of publication.

Under discussion and upon inquiry by Commissioner McLain, Robert McMillan, County Attorney, advised if the Board did not pass the resolution, then they are in violation of the Charter.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint Roger Stitt to the Seminole County Code Enforcement Board for a term ending January 1, 2001; and adopt appropriate Resolution #98-R-169, as shown on page ________, commending H.D. Holsombach for his services on said Board.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 12:25 p.m., this same date.

ATTEST______________________Clerk_______________________Chairman

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