The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:10 a.m. on Tuesday, August 25, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy (District 1)(late)

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

Commissioner Daryl McLain (District 5)

Deputy County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Absent: County Manager Gary Kaiser

Commissioner Maloy entered the meeting at this time.

J. Suzy Goldman, Library & Leisure Services Director, addressed the Board to advise the Board requested this briefing during the June budget work sessions. She stated that Mr. Cecil Tucker, Vice Chairman of the Historical Society was supposed to be in attendance but has not shown up yet. She introduced Julie McAfee and Bob Lee of the United Studio Sign Group. She discussed the Museum’s action plan as outlined in the agenda memorandum (received and filed) relative to window replacement, repair of the north porch, renovation of the basement, development of a volunteer program, marker program, and signage.

Bob Lee addressed the Board to advise he has worked with the Main Street Program and the Historical Society in Deland.

Commissioner Van Der Weide entered the meeting at this time.

Mr. Lee stated he came up with a design that ties into the shape and columns of the building. A photo survey was taken of the property and they found out that most of the signs were wood and he has come up with a design that fabricates them out of metal. He discussed removing the old trees in front of the signs and providing some type of landscaping.

Ms. Goldman advised that Lucas Nurseries will be donating the plant material to landscape the signs. He added he is willing to donate the signs to the County.

Chairman Morris stated the Board appreciates Mr. Lee’s contribution he is making to the County. He stated the County has not been very good caretakers of the signs in the 5 Points Complex area and he would hope that Mr. Lee would consider providing his assistance in that area.

Cecil Tucker addressed the Board to state he is glad to see the action plan for the Museum is finally being put into place.

Ms. Goldman advised that Mr. Fred Gains, member of the Historical Commission, will be donating the light fixtures for the illuminated signs. She submitted a copy of the cost proposal for additional signage and advised that the total cost will be $6,500 in addition to the current budget.

Mr. Lee advised the signs will be placed in an appropriate place on the building. He stated with regard to parking problems along the right-of-way, he would challenge the County to revert that area to landscape buffers so that it will soften the view.

The Board had no objections to adjusting the appropriate budget in the amount of $6,500 for the signage project.

Commissioner McLain stated he would like to look at some of the issues that were discussed during the Budget work sessions and to discuss some of the problems with employees coming from Volusia County to Seminole County. He discussed the Volusia County/Heathrow International Business Complex, the Volusia County/Downtown Sanford Express, and using some of the funding for 17-92 corridor project. He added it looks like the Lynx budget can be reduced by over $1/2 million for a one year period. He stated he hopes that this amount of money can be added to the County’s projects. He said he has asked staff to take a look at ways of using this money for other projects. Agenda Memorandum, Proposed Volusia/Seminole County Commuter Express Service, Recommendations, and Estimated Annual Costs and Implementation Options were received and filed.

Leo Aigre, Lynx President, addressed the Board to state Lynx and the Task Force have been looking at providing more and better service in Seminole County, express service, and at alternatives to meet the market demand coming from Volusia County to Sanford.

Rob Gregg, representing Lynx, addressed the Board to discuss creating a partnership with the Florida Department of Transportation (FDOT); capital infrastructure sales tax; Link 200, Volusia County/Downtown Orlando; Link 201, South Volusia County/Heathrow Express; Link 202, Volusia County/Sanford; Link 203, Deltona/Sanford; and the estimated costs.

Upon inquiry by Commissioner Van Der Weide, Mr. Gregg explained how they determined that there is a need for this service and who they expect to ride the buses.

Mr. Aigre reviewed the remaining plan and how it relates to the current operating budget and the general fund supplement. He stated he is recommending that the County maintain the level of service that is presently in the community. He added he would also recommend adding on the Volusia 200XL Express Service. He discussed the Van Plan Program for government employees and establishing a Volusia/Seminole Service Development Task Force.

Commissioner McLain stated what has been accomplished is a new service from Volusia to Sanford will be added along with cooperation of the Department of Transportation (DOT) and reducing the budget with Lynx by $1/2 million. He added he would like for staff to come back during the Budget hearings with more detailed information about the different projects they can add to the 17-92 corridor. Discussion ensued.

Commissioner McLain recommended that the Board follow through the action plan and to direct staff to review the $1/2 million savings and give them direction as to what areas may be appropriate for them to focus on. He stated he would like to move forward with the Link 202 and during the marketing efforts, if Lynx sees the potential ridership jumping substantially, then Link 203 can be added.

Chairman Morris stated he will get together with some of the businesses along I-4 that are interested in the project and he will report back to the Board during the Budget hearings.

The Board had no objections to Commissioner McLain’s recommendation.

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At the request of Commissioner McLain, Frances Chandler, Planning & Development Director, addressed the Board to submit and review the U.S. 17-92 Corridor Redevelopment potential projects (received and filed). She reviewed the following: Mast Arm Signal Conversions - $400,000; Complete Fern Park Project - $65,000; Duplicate Fern Park Project - $450,000; and, Landscaping along FDOT road widening - $450,000.

Chairman Morris stated he would favor the improvements being targeted for the Fern Park area and letting the CRA go forward and ultimately the general improvements work its way north.

Commissioner Van Der Weide stated he had an opportunity to drive down Orange Blossom Trail (OBT) to look at the ugly mess along the major intersection and he believes that staff needs to take a look at that.

Chairman Morris reiterated that the Board has concurred to hear back during the first Budget hearing in September on the Lynx proposals, including Routes 200 and 202, and the financing and conversion of the dollars to pay for those routes. He stated he will report back as to what businesses in Heathrow are willing to participate on this project. Staff will provide additional information relative to potential van service in that area. Staff will also look at the remaining dollars of $623,000, not spent on Lynx, to go for infrastructure, minus the $100,000 for the new Link 202, for those projects identified by staff for the Fern Park area. This information will be submitted to the Board at the Budget hearing.

The Board recessed the meeting at 10:15 a.m., reconvening at 10:30 a.m., with Commissioner Adams returning late.

Ms. Chandler stated staff has been working with the Cities of Winter Springs and Oviedo to develop joint planning agreements. She stated staff has had discussions with the City of Oviedo and she brought the Board up to date on the status of those discussions. She said the County is in the midst of an East Area Study and the completion of that study is important to the City of Oviedo.

Commissioner Adams entered the meeting at this time.

Ms. Chandler stated once the preliminary data is completed, staff will provide that information to the City of Oviedo and they will be able to come up with conclusions relative to the boundary for their joint planning area and annexation boundaries. She discussed other services, such as water & sewer service area provisions, reuse provisions, and transportation issues. She said staff has received a letter from the City of Oviedo (not received and filed). Staff and the City of Oviedo concurs that once the study is complete, a joint work session should be scheduled to present those recommendations for discussion. A letter to the City Manager of Winter Springs, a petition of the City of Winter Springs pursuant to Interlocal Agreement on Mediation and Intergovernmental Coordination, and Interlocal Agreement on Mediation and Intergovernmental Coordination were received and filed.

Chairman Morris stated the only issue that seem to be outstanding is a resolution of what type of development would be permitted along that zone. He said the City of Oviedo is concerned with the Battle Ridge development, which deals with the northern boundary of SR 434 and Florida Avenue. Another area of contention is the area of potential annexation around the mall and Red Bug Lake Road corridor.

Lonnie Groot, Deputy County Attorney, addressed the Board to state the City of Winter Springs is asking the County to delay action on the City of Oviedo’s joint planning agreement. He stated the County Manager has responded to the City of Winter Springs’ petition by saying everything the City has asked for has already been done.

Chairman Morris stated the Board has received a letter from the City of Oviedo indicating that they will be happy to meet with the City of Winter Springs. He stated he doesn’t think it is advisable for the County to get involved again in a tri-party agreement. There are no contentious issues between the County, the City of Oviedo or the County and City of Winter Springs. He stated he would recommend allowing both parties get together to work out their problems. The City of Oviedo will then report back to the Board. Discussion ensued.

Robert Guthrie, City of Winter Springs Attorney, addressed the Board to state the mystery of the Oviedo Agreement is what is going on and what is the nature of the blight area in the southeast. He stated the City of Winter Springs does not want to interfere with the Oviedo issues east of their area, but they would like to implement a process in the southeastern area of the City.

Commissioner Adams left the meeting at this time.

Chairman Morris stated the message that needs to go back to the City of Winter Springs is, the County has done everything they can do, it is now up to the City to work with the City of Oviedo. He said he feels it is important that the City of Winter Springs should hold a hearing on this issue to get a sense of what they want to do.

Attorney Guthrie stated the City is only asking the County to get involved with the process. Discussion ensued.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Maloy stated he would like to be kept better abreast with this issue. He stated the County needs to see what is going on with the joint area study on the east side.

Upon inquiry by Chairman Morris, Eugene Williford, City Manager of Oviedo, addressed the Board to state the City of Oviedo Counsel has requested that the City of Winter Springs delay action on Battle Ridge so that they can work out those boundaries. The City of Winter Springs has declined that offer. The City of Oviedo have been involved in trying to work out a resolution between both cities. The City Commission has authorized their Chairman to meet with the Mayor of Winter Springs to try to initiate these negotiations again. He stated he appreciates the County staff and the Board’s efforts in the process.

Attorney Guthrie stated he would urge the County to follow in that process and make sure that everyone is acting in good faith. If they are not, they are asking that the County slow down the agreement with Oviedo and move forward with an agreement that will address the issues.

Commissioner Van Der Weide reentered the meeting at this time.

Attorney Guthrie stated he will keep the County informed of any progress.

Chairman Morris stated the County may hear back from both parties with a recommendation regarding the agreements around end of next month.

Warren Wagner, Environmental Services Director, addressed the Board to state the University of Central Florida is increasing the size of their wastewater treatment plant and have approached Seminole County to see if the County can take care of their flows when they construct their facility. This led to the discussion of the County ultimately taking their buildout flows of two million gallons a day. He said this discussion led to a possible relationship as proposed in the Business Plan for a merger of utilities--UCF has water and wastewater utilities and Seminole County has capacity at Iron Bridge. He stated UCF also needs reclaimed water, and the City of Oviedo needs wastewater capacity and reclaimed water.

Deputy Clerk, Eva Roach, left the meeting at this time and was replaced by Deputy Clerk, Carylon Cohen.

Mr. Wagner continued that the County, with unused capacity at the Iron Bridge facility, has the ability to take advantage of a great opportunity in this area and get into a wastewater/reclaimed business much more than anticipated. He said staff would like to continue to work with the City of Oviedo about their reclaimed and wastewater needs; and want to continue to work with UCF to meet their needs. To do that, staff needs authorization to amend the original work order with Hartman and Associates and Gray, Harris, and Robinson because the scope of this scenario has changed drastically, which involves the City of Orlando and could involve Orange County. Discussion ensued.

Tom Cloud, Gray, Harris, and Robinson, addressed the Board to answer questions. He advised the Water Management District has the ability to make grants in this area, and they have an excellent opportunity to tap into those grant funds to help do the necessary mechanics of providing the reuse water. He said the local Water Management District office is very much excited about this proposal and has encouraged them to move forward. During discussion, he answered Chairman Morris that he estimates the cost at $100,000, but that is based on the four different relationships that have to be negotiated. He said they are trying to get money from the St. Johns River Water Management District to reimburse their costs and Hartman & Associates’ costs. He stated this program creates the opportunity to get revenue which would well exceed any expense of putting this together and revitalizing the utility.

DCM, Cindy Coto, advised Commissioner Van Der Weide that she is recommending this program.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve authorization to concur with various elements necessary to put forth the South Central Service Area Expansion Program and staff to negotiate with Hartman and Associates, Inc. for a contract amount not to exceed $100,000, with the Board to receive a copy of same.

Under discussion, Chairman Morris stated staff can bring back a scope of services within two weeks or the Board can be copied to receive it. Commissioner Maloy stated he prefers to see the scope of services beforehand.

Chairman Morris asked staff if allowing two weeks time for the scope of services would cause a problem, and Mr. Wagner said it could. He explained that UCF has already approached and heard from Orange County. Because they need the flow right away, they are having to make a decision soon.

Commissioner Van Der Weide stated he is not against this project, but would like to make sure the Board has given it due diligence.

Commissioner McLain said he doesn’t understand what the reluctance is in giving staff the freedom to do this. He said this has no bearing to what was done with Yankee Lake (which Commissioner Van Der Weide brought up).

Commissioner Van Der Weide stated he is having hard time grasping the urgency of the two-week time frame and he is not willing to move forward this rapidly without having all the "t’s" crossed.

Mr. Wagner said staff can prepare the scope and bring it before the Board at tonight’s meeting. Chairman Morris said the Board will take this item at the top of the agenda tonight. He asked the staff to explain to the Commissioners where they are in the delicate communications with UCF.

Commissioner Maloy withdrew his motion and Commissioner Van Der Weide withdrew his second.

Ms. Coto advised a request was received from the City of Lake Mary (copy of letter received and filed) regarding County-owned property south of the North Pointe development. The City wishes to enter into negotiation with the County for some of the property for them to construct a water storage tank. She would like to bring this item before the Board on September 8, 1998.

Commissioner McLain left the meeting at this time.

The Board had no objections to hearing a discussion from the City of Lake Mary on September 8, 1998.

Chairman Morris pointed out regarding Item #4, Purchase Agreement and Easement Agreement with the Crossings Master Homeowners Association, that this is a unique agreement that allows for transferring the Myrtle Lake outfall flooding to the Crossings Master Homeowners Association lakes and out to Lake Jesup. This will eliminate a long-time flooding problem.

Commissioner Maloy questioned staff about Item #3, Alternative Contract Methods for the recommended Major Projects. County Engineer, Jerry McCollum, stated staff is looking at the A and B concept where you pay a little more money by having the job done quicker.

Commissioner McLain reentered the meeting at this time, and Commissioner Van Der Weide left the meeting.

Commissioner Maloy questioned the hours regarding Item #5, Resolution amending the water restrictions imposed by the Board on May 26, 1998, and said he would like the times to be from 10:00 a.m. to 4:00 p.m. that no irrigation can occur to coincide with the St. Johns District.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to amend the hours in the proposed Resolution amending the water restrictions imposed by the Board on May 26, 1998, to allow car washing and pressure washing to buildings, to read from 10:00 p.m. to 4:00 a.m.

Districts 1, 2, and 5 voted AYE.

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

Stormwater

Purchasing

15. Waive the competitive bid process and approve Miscellaneous Contract M-71-98/BJC, as shown on page __________, Improvements to County Road 46A, Phase I (I-4 Intersection at CR 46A) with Martin K. Eby Construction, Company, Inc., Lake Mary, as a proprietary purchase ($603,851.33).
16. Approve Change Order #4, as shown on page __________, to FC-122-97/BJC, McNeil Road Construction, with Southland Construction, Inc., Apopka ($630.00).
17. Approve Change Order #5, as shown on page __________, to FC-122-97/BJC, McNeil Road Construction, with Southland Construction, Inc., Apopka ($6,060.21).
18. Approve Change Order #6, as shown on page __________, to FC-122-97/BJC, McNeil Road Construction, with Southland Construction, Inc., Apopka ($3,595.51).
19. Approve Acceptance of FC-122-97/BJC, as shown on page __________, McNeil Road Construction, with Southland Construction, Inc., (Certificate of Completion).

20. Approve ranking list for PS-520-98/BJC, Traffic Operations Studies; authorize negotiations and award Master Agreements, as shown on page __________, to Ghyabi Lassiter & Associates, Ormond Beach; and Professional Engineering Consultants, Orlando (not-to-exceed $120,000).
21. Approve Amendment #1, as shown on page __________, to Work Order #8 to PS-152, Construction Engineering and Inspection

 

Services for Tuskawilla Road, Phase II, with Beiswenger Hoch and Associates, Kissimmee (time extension).

22. Approve Amendment #1, as shown on page __________, to Work Order #10 to PS-327-95/BJC, Engineering Services for Midway Paving and Drainage, with WBQ Design & Engineering, Inc., Orlando ($18,159.00).

Request for Proposals:

23. Award RFP-442-98/BJC, as shown on page __________, Prosecution Alternatives for Youth Program Counseling Agreement to Another Chance Counseling, Winter Park; Julie Bryant, Longwood; Pamela Fields, Altamonte Springs; Families in Recovery, Longwood; Grove Counseling Center, Longwood; Human Services & Resources, Longwood; Quest Counseling Center, Altamonte Springs; and Robert Tango, Lake Mary (not-to-exceed $51,000.00).
24. Approve Final Renewal, as shown on page __________, to RFP-253, Softball Complex Concession Operations Lease and Agreement with New Age Café, Inc., Lake Mary (August 31, 1998 to August 30, 1999).

Bids:

25. Award Bid #212-97/CI, as shown on page __________, Sale and Removal of County-owned Metal Buildings and Sale of Surplus Property for Lot #9 only to Thomas L. Hentz, Maitland ($4,610.00) and reject the bid for Lot #8.

Other:

26. Declare Surplus and Award Bid #211-97/JBP, Sale of twenty-three (23) traffic counters to Traffic Count Resources, Oviedo ($4,225.00).

Budget

27. BCR #98/143 ($15,258), Public Works/Roads Fund 10101, County Transportation Fund; makes funds available from capital savings to purchase six radios and a trailer.
28. BCR #98/144 ($591,889), Public Works/Engineering Fund 11500/12601/12602, Infrastructure Sales Tax Fund/Arterial-Impact Fees Fund/N. Collector-Impact Fee Fund; makes funds available for early land acquisition costs for CR 46A Phase III and Lake Emma Road projects.
29. BCR #98/145 ($59,000), Public Works/Solid Waste Fund 40201, Solid Waste Fund; to utilize funds from savings to purchase hydraulically operated trailer covers for new trailers in the Solid Waste Contract Operation Division.
30. Budget Amendment Resolution #98-R-173, as shown on page __________, ($24,987), Department of Fiscal Services Fund 11908, Disaster Preparedness Grant Fund; the State Department of Community Affairs has modified the Disaster Preparedness Grant resulting in an increase of $24,987.
31. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Linda L. Dose for the Chula Vista Road Restoration MSBU. District 1
32. Authorize expenditure in the amount of $25,000 from the Law Enforcement Trust Fund to purchase radio equipment for the Transportation Department at the John E. Polk Correctional Facility.
33. Authorize expenditure in the amount of $1,500 from the Law Enforcement Trust Fund to purchase a computer software package.

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Motion by Commissioner McLain, seconded by Commissioner Maloy, to continue from this morning’s Agenda to the 1:30 p.m. session Items #E (U.S. 17-92 Corridor Redevelopment Agency), #F (Departmental Reports), #G (Clerk’s Report-Consent Agenda), #H (Other Constitutional Officer’s Report), and #I (Approval of Official Minutes).

Districts 1, 2, and 5 voted AYE.

County, Robert McMillan, advised the Board of an Add-on item to his Agenda for approval of Revised Access Easement regarding Red Bug Lake Road, Phase II, Parcel Numbers 146/846/946.

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

Ms. Coto reminded the Board that the reception for the Legislative Delegation will be held at 12:45 p.m. today.

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The Board recessed at 11:43 a.m., reconvening at 1:36 p.m., with all Commissioners and all other Officials, with Chairman Morris entering late, with Commissioner Van Der Weide being absent, with the exception of County Attorney, Robert McMillan, who was replaced by Deputy County Attorney, Lonnie Groot, and Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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The Invocation was given by Pastor Diane Watson, Sanford First Church of the Nazarene.

Commissioner McLain led the Pledge of Allegiance.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-166, as shown on page __________, expressing the Board of County Commissioners’ appreciation for the support of the Seminole County Legislative Delegation and commending the Delegation for its work for the citizens of Seminole County.

Districts 1, 4 and 5 voted AYE.

The Board presented the Resolution and a poster of Seminole County to each of the following members of the Legislative Delegation: Rep. Stan Bainter; Rep. Lee Constantine; Gloria Warden; Rep. Tom Feeney; Rep. Bob Starks.

Representatives Tom Feeney; Lee Constantine and Bob Starks addressed the Board to express their appreciation.

Commissioner Morris entered the meeting at this time and assumed the position of Chairman.

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Allan Shelby, Florida Association of Counties, addressed the Board to present Representative Lee Constantine with the 1998 County Champion Award.

Representative Constantine expressed his appreciation for the award.

Chairman Morris expressed his appreciation to the members of the Delegation for their help in working with the Board on different issues.

County Attorney Robert McMillan entered the meeting at this time and replaced Deputy County Attorney Lonnie Groot.

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Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-171, as shown on page _________, in recognition of Assistant Chief James Christopher Johnson’s heroic deeds during moments of crisis in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Chief Johnson and he expressed his appreciation to the Board.

Ken Roberts, Public Safety Director, addressed the Board to present Mr. Johnson with a letter of commendation from the Department of Public Safety for his acts of courage and bravery during moments of crisis in the County.

Sheriff Don Eslinger addressed the Board to thank the Board for recognizing Mr. Johnson’s efforts on behalf of all the men and women in the Sheriff’s Office. He stated when Scott McCloud indicated that he had been shot, without hesitation, Chief Johnson jumped the fence and went to him immediately and that is an illustration of his courage. He said the Sheriff’s Office will be recognizing Mr. Johnson, other members of the Fire Department, as well as members of Seminole County and Orange County Sheriff’s offices and the Florida Highway Patrol, at the First Baptist Church in Geneva on October 3, 1998.

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Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-170, as shown on page _________, proclaiming the week of September 6 – 12, 1998, as "Help the Unemployed Week in Central Florida".

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Mr. Frank Hutsell, Christian Help, and he addressed the Board to express his appreciation.

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Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-175, as shown on page _________, in support of current legislation under consideration pertaining to Bankruptcy Reform.

Districts 1, 2, 4 and 5 voted AYE.

Kevin Fall, Principal Planner, addressed the Board to present request to adopt Resolution recommending modifications to the U.S. 17-92 Corridor Redevelopment Area.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-177, as shown on page __________, recommending modifications to the U.S. 17-92 Corridor Redevelopment Area.

Districts 2, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Commissioner McLain stated this morning the Board was able to find additional $1/2 million to commit to the 17-92 revitalization plan. He stated staff will be reporting back to the Board as to what issues will be best used for that money. He stated he believes the direction of the Board was to continue with these funds on the southern corridor.

Mayor Pronovost, City of Casselberry, addressed the Board to state the City of Casselberry is very excited about this project.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-178, as shown on page _________, recognizing cooperative opportunities with the Canton of Geneva, Switzerland; and authorizing membership to the Genevas of the World Association.

Districts 1, 2, 4 and 5 voted AYE.

Frances Chandler, Planning & Development Director, requested direction regarding realignment of the Cross Seminole Trail within the City of Winter Springs proposed Town Center to be located north of SR 434 in the vicinity of the intersection of SR 434 and Tuskawilla Road. She displayed the Master Plan and summarized some of the activities the City has gone through the past year.

Commissioner McLain left the meeting at this time.

Ms. Chandler continued by reviewing the activities as outlined in the agenda memorandum. She stated staff is requesting direction from the Board as to whether they would like staff to continue to be involved with this project and to assess any further County commitment. She said if the Board wishes to continue with this project, she would recommend that those issues that need to be resolved.

Ron McLemore, City Manager of Winter Springs, stated this project has been very interested, very intensive and very challenging. He stated if they are able to do this, it will be a model for the rest of the State. He said the City of Winter Springs really needs the County’s help in order to make this happen.

Ms. Chandler stated she would recommend that the County forward a letter to the Office of Greenways and Trails indicating their conceptual support of the realignment of the trail corridor. She stated she would also recommend initiating a staff work session with the City’s Public Works Department, Parks Department, City Engineers, Planning Consultants and the County’s Public Works Department.

Motion by Commissioner Adams, seconded by Commissioner Maloy to direct staff to move forward with the realignment of the Cross Seminole Trail within the proposed City of Winter Springs Town Center, with staff recommendations.

Commissioner McLain reentered the meeting at this time.

Districts 1, 2, 4 and 5 voted AYE.

Colleen Rotella, Acting Comprehensive Planning Manager, addressed the Board to request to adopt resolution supporting the City of Winter Springs Florida Communities Trust grant application.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-176, as shown on page ________, supporting the City of Winter Springs Florida Communities Trust Grant Application for acquisition of properties to develop a system interconnecting greenspaces within the proposed Town Center.

Districts 1, 2, 4 and 5 voted AYE.

Mr. McLemore stated the City of Winter Springs appreciates the Board’s support.

Commissioner McLain stated he asked staff to find out if the County can assist the Tajiri School of Performing Arts and Academics for funding assistance. He stated he is in support the funding amount of $12,054.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve additional Community Service Agency funding for the Tajiri School of Performing Arts and Academics in the amount of $12,054 for FY 1998/99.

Districts 1, 2, 4 and 5 voted AYE.

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

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

1. Recorded Development Orders, as shown on page ________, for City of Orlando (#97-58) and Florida Adventist Health Systems/Sunbelt, Inc. (#PZ97-08).

 

2. Change Orders #2 & #3, as shown on page ________, to FC-130-98/BJC.

 

3. Change Order #1, as shown on page _________, to FC-133-98/BJC.

 

4. Change Order #2, as shown on page _________, to FC-125-97/BJC.

 

5. First Amendment, as shown on page __________, to Work Order #1 to PS-511-98/BJC.

 

6. Work Order #12, as shown on page __________, to PS-301.

 

7. Work Order #2, as shown on page __________, to PS-373.

 

8. Work Order #2, as shown on page __________, to PS-500.

 

9. Work Order #1, as shown on page __________, to PS-518-98/BJC.

 

10. Work Order #1, as shown on page _________, to PS-519-98/BJC.

 

11. Easement Agreement, as shown on page __________, for Maintenance of Drainage Canal for Charles H. Cox, authorized per settlement agreement of Seminole County v. Hayman, et al. on 4-28-98.

 

12. Engineering Consulting Services Agreement Collection Division (PS-509), as shown on page _________, as approved by BCC on 1-27-98.

 

13. Bids as follows: 213-98/JVP; FC-147-98/BJC; FC-148-98/BJC; FC-149-98/BJC; PRC-150-98/BJC; A/B-331/JVP; A/B-332/JVP; PS-523-98/BJC; PS-529-98/BJC; and PS-530-98/BJC.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Official Minutes dated August 11, 1998.

Districts 1, 2, 4 and 5 voted AYE.

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

Districts 1, 2, 4 and 5 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Seminole County Port Authority FY 1998/99 Budget, received and filed.

Cindy Manoni, OMB Director, addressed the Board to present the Budget for the Seminole County Port Authority as outlined in the agenda memorandum.

Dennis Dolgner, Port Authority Director, addressed the Board to review the Port Authority’s proposed budget of $1,940,819.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt the Seminole County Port Authority’s FY 1998/99 Budget.

Districts 2, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Upon inquiry by Mr. Dolgner, Commissioner Maloy advised he questions whether a government agency should run a commerce park. He stated he would like to explore the option of looking at ways to privatizing it, going public with it, or selling shares and returning some of the assets back to the community.

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Chairman Morris stated the Board had a discussion about two weeks ago relative to holding private and church schools impact fees in abatement until the studies come back and he would like to reaffirm what was the direction. Each Board member advised that their direction was to treat both schools the same regardless of the size.

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon the 15-foot platted right-of-way south of and adjacent to Lots 1, 2, 3, and 4 lying east of Railroad Avenue, Richardson’s Addition to Woodbridge, Gene Hunt and Andre’ Hickman, received and filed.

Sylvia Smith, Plans Examiner, addressed the Board to advise the subject right-of-way is unopened, with large canopy trees, and the County does not maintain it. The affected utility companies have no objections to the request contingent upon dedication of a utility easement over the subject right-of-way. The applicant has agreed to dedicate the utility easement to the County. The Board denied this request on April 13, 1993, based on staff’s concern that legal access would not be available to all affected property. Staff has no objections to the request subject to: (1) The applicant dedicating a utility easement over the subject right-of-way to the County; and (2) Provided that legal access to all adjacent property has not been impaired.

Upon inquiry by Commissioner Adams, Ms. Smith advised based on the pictures (received and filed) submitted to the Board, no property would be denied access.

Gene Hunt, applicant, addressed the Board to advise Florida Power will have access to the property. He stated he has kept the property up for a long time, as it hadn’t been used for years.

Robert Argentine, 724 E. 9^th St., addressed the Board to state he objects to this right-of-way being closed as it will hurt the value of his property. He stated he has piece of property and he has a letter from an individual indicating that he would like to lease it on the condition that First Street would be left open. If the road was opened and the trees were down, it would be beneficial to him.

Upon inquiry by Commissioner Maloy, Mr. Argentine advised he would like to have the trees cut down so he can get access to that without having to go down Second Street.

Tim Argentine, 816 Lindenwald Place, addressed the Board to indicate on the map where his property is located.

Ronald Argentine, 1025 David Dr., addressed the Board to state there were three driveways to all of these properties and now it is fenced in and that only leaves a 20-ft. road in front. He stated he has a dump truck and backhoe and it is not wide enough to make a U-turn into his property. He said he has to rent property because he cannot use his own property to park his vehicles.

Upon inquiry by Commissioner McLain, Mr. Argentine explained why he can’t go down South Street and turn left on Railroad and go straight in. He referred to a fire hazard that may occur in the area, as he doesn’t know where the nearest fire hydrant is located.

Commissioner McLain requested that the Code Enforcement staff to check out the area and report back to the Board.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-179, as shown on page _________, vacating and abandoning the 15-foot platted right-of-way south of and adjacent to Lots 1, 2, 3, and 4 lying east of Railroad Avenue, Richardson’s Addition to Woodbridge, as described in the proof of publication, Gene Hunt and Andre’ Hickman, with staff recommendations.

Under discussion, Chairman Morris stated he will support the motion as they are dealing with a 15-foot alleyway entering on to a State highway. He stated there are significant trees and utilities in the way. The motion clearly grants that there must be access to the back properties.

Commissioner McLain recommended that those property owners who are objecting to the request, may want to increase the 20 ft. right-of-way, making it 30 ft. That will give them better access to their property.

Chairman Morris stated he is concerned with the public safety aspect in the area and he would ask that Mr. Turk, Economic Development, get with all of the property owners to help deal with the issues the property owners are dealing with out there.

Districts 1, 2, 4 and 5 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon a portion of the platted cul-de-sac at the southerly end of Maureen Drive contiguous to Lots 49 and 50, Lake Sylvan Estates, Alene Dekle and William and Becky Hopkins, received and filed.

Commissioner Maloy left the meeting at this time.

Ms. Smith advised the proposed vacate is requested to increase Mrs. Dekle’s front yard setback to the platted cul-de-sac radius from 5 feet to approximately 30 feet. The reduced setback has existed since the house was built 20 years ago. Mrs. Dekle’s front yard, concrete driveway and wooden planter are partially within the subject vacating area. The Hopkins wish to retain a 40" oak tree in the subject area of the cul-de-sac which they have been maintaining as their front yard.

Commissioner Adams left the meeting at this time.

Chairman Morris recessed the meeting at 3:20 p.m. due to not having a quorum, reconvening the meeting at 3:30 p.m. with all Board members in attendance.

Ms. Smith continued by stating the affected utility companies have no objections to the request. She stated staff has revised their recommendation. She stated staff is recommending denial based on the turn-around requirement for a dead-end street.

Alene Dekle, applicant, addressed the Board to state she wasn’t aware that she had this problem until she applied for a permit.

Commissioner McLain stated he thought it was reasonable to try to shift the cul-de-sac over so it will be centered more in the road to accommodate Mrs. Dekle. He pointed out that this is a short, dead-end road and he cannot foresee the County paving this road. He said he would like to find a way to solve this problem for Mrs. Dekle, but he wants to make sure that it does not complicate someone else.

Michael Goodman, 860 SR 434 N., addressed the Board to state he is not necessarily in opposition to the request, but he opposes the partial abandonment. He stated he was never contacted regarding any issue of moving a cul-de-sac eastward on to his property. He said he received a call from Mrs. Dekle about a month ago asking him if he would be interested in joining in with her and he said he was. The next thing he received was a notice for the vacate and his lot was not included. The purpose of the cul-de-sac was to benefit all the properties along Maureen and at the end of Maureen where the private easement is. If it is determined that the cul-de-sac is unnecessary, then he feels that all the unnecessary cul-de-sacs should be returned to the abutting properties.

Upon inquiry by Commissioner McLain, Mr. Goodman advised that he would like to be included in the vacate request.

Ms. Smith advised that Mr. Goodman’s pie-shaped frontage is not part of the platted right-of-way. That is part of the 60 ft. private road easement.

Diane Thomas, 280 Maureen Dr., addressed the Board to speak in opposition to the request. She stated Maureen Drive is a dead-end street and the cul-de-sac is the only public turn around provided for this street. It used to be maintained by the County but several vehicles and a private boat now always occupy it. The private road at the southern end of Maureen Drive has become an unauthorized extension of Maureen Drive. Vehicular traffic that enters the private road must now turn around on private property. She stated her concern is what is the proper radius of the cul-de-sac at the end of the private road.

Sherra Jones, 288 Maureen Dr., addressed the Board to state her concern is there needs to be a usable cul-de-sac or turn-around at the end of Maureen Dr. She stated she has three preschool age children who play in that driveway and she is worried for their safety. Before the Board gives this property away, please consider some other solution that will be fair and equitable to everyone.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated obviously this cul-de-sac is offset to one side of the street. He stated a reasonable alternative may be to center the cul-de-sac. A mistake was made when the house was built there. He stated there should be reasonable solution and Mr. Goodman should be a part of that solution. He said he would recommend continuing the request and request staff to schedule a meeting with the property owners to see if they can come up with a solution.

Chairman Morris stated the proposed request has been advertised as is. He stated he would recommend denying the request and after meeting with the property owners, this item can be brought back to the Board by the District Commissioner as an administrative item. Discussion ensued.

Commissioner McLain stated he would like the Public Works Department to be included in the meeting.

Motion by Commissioner McLain, seconded by Commissioner Adams to deny request to Vacate and Abandon a portion of the platted cul-de-sac at the southerly end of Maureen Drive contiguous to Lots 49 and 50, Lake Sylvan Estates, Alene Dekle and William and Becky Hopkins, with staff recommendations.

Districts 1, 2, 4 and 5 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider Resolution establishing a finding of blight for several parcels in the unincorporated Fern Park area; and Ordinance amending Ordinance #97-54 (U.S. 17-92 Redevelopment Plan) revising the boundaries of the U.S. 17-92 Corridor Redevelopment Area, received and filed.

Commissioner McLain left the meeting at this time.

Kevin Fall briefly reviewed the proposed request as outlined in the agenda memorandum. He submitted a copy of Blight Criteria for the unincorporated Fern Park Area (received and filed).

No one spoke in support or in opposition.

Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-180, as shown on page _________, establishing a finding of blight for several parcels in the unincorporated Fern Park area; and adopt Ordinance #98-41, as shown on page ________, amending Ordinance #97-54 (U.S. 17-92 Redevelopment Plan) revising the boundaries of the U.S. 17-92 Corridor Redevelopment Area.

Districts 2 and 4 voted AYE.

Commissioner Maloy voted NAY.

Proofs of publication, as shown on page _______, calling for a public hearing to consider approval of the proposed compliance agreement relating to a Division of Administrative Hearings case currently pending before an Administrative Law Judge in re: Department of Community Affairs v. Seminole County.

Mr. Groot advised the Department Community Affairs (DCA), Land Development Director and the County Attorney’s Office recommends approval of the agreement.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Adams to approve the proposed compliance agreement relating to a Division of Administrative hearings case currently pending before an Administrative Law Judge in re: Department of Community Affairs v. Seminole County.

Districts 1, 2, and 4 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider approval of an Agreement with Time Warner Communications relating to the provisions of a local government/education access channel under Section 55.61, Seminole County Code and extending the expiration date of Time Warner’s Franchise(s) to December 31, 2005.

Chris Grasso, Telecommunications Manager, and Greg Hass, Assistant County Attorney addressed the Board to review Time Warner Agreement/Local Government/Educational Access Channel as outlined in the agenda memorandum.

Commissioner McLain reentered the meeting at this time.

Mike Mustard, 641 Lemonwood Ct., addressed the Board to advise he has been involved in the development and management of government access channels since 1987 and he is here to make himself available to the County. He stated he is willing to work with staff on the access channels.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Adams to authorize Chairman to execute Time Warner Communications Agreement, as shown on page ________, relating to the provisions of a local government/educational access channel under Section 55.61, Seminole County Code; and authorize extending the expiration date of Time Warner’s Franchise to December 31, 2005.

Districts 1, 2, 4 and 5 voted AYE.

Mr. Fall presented request for adoption of Resolution establishing County (tax increment) participation in the Casselberry Community Redevelopment Area. He stated the city of Casselberry submitted a letter requesting the Board to revisit the financial participation via tax increment financing. He reviewed the significant criteria as outlined in the agenda memorandum.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-181, as shown on page _________, establishing County (tax increment) participation in the Casselberry Community Redevelopment Area.

Under discussion, Mayor Pronovost stated welcome the County’s participation in the proposed CRA.

Jack Schluckebier, Casselberry City Manager, addressed the Board to refer to Mayor Pronovost’s letter relative to the County’s participation.

Gil Backenstoss, Development Review Manager, addressed the Board to present request to approve Preliminary Subdivision Plan for Westlake Manor Subdivision; property described as a 7.63 acre parcel, located on the west side of Bedford Road, just south of its intersection with CR 427, Westlake Development Corp.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve Preliminary Subdivision Plan for Westlake Manor Subdivision, Westlake Development Corporation.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Adams stated he received a letter from Richard Booth, Commandant for the Marine Core, relative to Fall Staff Conferences. He stated he is recommending that a resolution be

reconvening at 7:08 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication, as shown on page __________, calling for a public hearing to consider Appeal against the Board of Adjustment is approving for Deborah Leschot, a side yard setback variance to 4 feet in lieu of 10 feet for a two-car garage addition, William Frazier, received and filed.

Zoning Coordinator, Ginny Markley, addressed the Board to present the request. She advised that the attorney representing Ms. Leschot has requested a continuance as he nor the applicant could be in attendance this evening. She said the appellant, Mr. Frazier, is in agreement with the continuance and said he would not be here this evening. Ms. Markley stated all parties said they would be available for the September 8 meeting, if the Board wishes to continue to that date.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to continue to September 22, 1998, 7:00 p.m., or as soon thereafter as possible, the Appeal against the Board of Adjustment is approving for Deborah Leschot, a side yard setback variance to 4 feet in lieu of 10 feet for a two-car garage addition; as described in the proof of publication, William Frazier.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1A (Single-Family Residential), R-1(Single-Family Residential and R-1BB (Single Family Residential); property located southeast of SR 426 and north of Aloma Woods Blvd., CFG Real Estate Group, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to present the request. He stated the applicant has requested a continuance for two weeks to September 8, 1998.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to continue to September 8, 1998, 7:00 p.m., or as soon thereafter as possible, the request to Rezone from A-1 (Agriculture) to R-1A (Single-Family Residential), R-1(Single-Family Residential and R-1BB (Single Family Residential); property located southeast of SR 426 and north of Aloma Woods Blvd.; as described in the proof of publication, CFG Real Estate Group.

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

Continuation of a public hearing from August 11, 1998, to consider 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 1-1/2 mile north of Lake Mary Boulevard, between the Markham Woods Baptist Church and the Markham Woods Presbyterian Church, Elder Healthcare Developers, LLC.

Ms. Markley presented the request. She advised the Board of Adjustment by a 4-0 vote denied the Special Exception based on the ALF being highly intensive in nature and inappropriate for the established residential community. She said based on staff analysis, prior to all public hearings, staff recommends that a 65 bed, two-story, 47,000 sq. ft. ALF is: (1) not consistent with the general zoning category and plan of A-1, Agriculture, and would not be consistent with the concept of low density, rural land use due to the size and intensity of the facility proposed; (2) A 65-bed, 46,000 sq. ft. ALF would be detrimental to the character of the area or neighborhood and inconsistent with the trends of development in the area or neighborhood. The character of the area and trend of development is single-family residential homes on lots one acre in size or greater; (3) The proposed facility is highly intensive in nature; (4) The proposed facility would not have an unduly adverse affect on existing traffic patterns, movements and intensity as long as all required off-site improvements, including turn lanes on Markham Woods Road, are installed; (5) Access to urban services are available. Water and sewer could be provided by Seminole County; (6) The proposed facility would be consistent with the Suburban Estates Land use if the proposed ALF met the standards for granting a Special Exception listed above. The Comprehensive Plan, however, does not address compatibility issues; and (7) The proposed 47,000 sq. ft. structure would not be compatible with the physical size of the existing structures in the area. The First Baptist Church Markham Woods is 11,658 sq. ft., the Markham Woods Presbyterian Church is 11,033 sq. ft. and the largest single family home in the area is 6,260 sq. ft. in size. The average size for the single-family homes in the area is approximately 3,500 sq. ft. Therefore, staff recommends that the decision of the Board of Adjustment be upheld and the Special Exception for a 65-bed ALF be denied.

Applicant, Tom Boland, Vice president of Acquisitions with Elder Healthcare Developers, addressed the Board. He showed a copy of the site plan and distributed a brochure (copy received and filed) on Atria Communities, Inc., a company that does assisted living facilities for senior citizens. He explained it is their facility located on Red Bug Road with 90 units and said the reason for the square footage and number of beds for the proposed ALF is because this is an upscaled facility appealing to the neighborhood. There is more common area and the rooms are larger. He advised the Board what the ALF is not and told of the type of clientele and services they do provide.

Mr. Bowland questioned whether the Comprehensive Plan applies anymore and if it addresses the types of land uses being brought to the County. He said this use does not create school children, traffic, or the type of impact that a multi-family residence might create. He said he thinks this is an appropriate planned use in this particular location.

Frank Shelton, representing the Markham Woods Homeowners Association, 1417 N. Ravensbrook, addressed the Board to state this is private, for-profit commercial facility and is completely out of character with the surrounding residential area. He stated this is initially to accommodate 65 persons with round-the-clock staff which makes it like a hospital. This would reverse the trend and drastically depress the property values in the immediate area. This would attract supporting other commercial operations such as medical facilities, professional offices, and light recreational facilities which are also completely out of character for the area. He stated this would be much more intense than the minimum one per acre house currently permitted. Further, he said this would impact the traffic on Markham Woods Road. He stated this is in the Wekiva River Protection area and the purpose for that is not to increase the density of development in that area. He said this facility is four times the size of the churches on both sides and much larger than the homes surrounding it.

Patricia Thompson, 3420 Dawn Court, addressed the Board to state she is opposed to the request and she believes the best land use for this area would be what is on Markham Woods Road. She showed the Board pictures (received and filed) of the homes in the area. She commented on the dangerous curve. She said most of the work will be subcontracted out so there will be many more people using their roads.

Charles Bahr, representing Shannon Downs Homeowners Association, addressed the Board to state his position has not changed. He said he has not heard anything that would sway his thoughts that he was wrong and that the ALF would be something good.

George Powell, 5505 Markham Woods Road, addressed the Board to state he has lived there for 15 years and his is one of the most dangerous driveways in the County located directly on the curve, similar to what the driveway would be in the proposed facility. He said he feels this would be a horrendous problem with the County. He said the eight criteria for granting a Special Exception cannot be met by this facility and it should be turned down for that reason alone.

Noreen Waite, 5400 Carter Road, addressed the Board to state the biggest problem she has is that this is a residential area and the City of Lake Mary and Seminole County have provided an area that this type of building would be welcomed and properly zoned for--that is Northpointe and ???????

Chairman Morris reported he has one written comment form (received and filed) from Debra Wert in opposition to the ALF. Another written comment form in opposition was received and filed from Susan Ghrist.

Franz Springmann addressed the Board to state his property is adjacent to the Presbyterian Church, next to the Baptist Church looking to put in this ALF. He said he has two children and understand that this ALF will have an Alzheimer’s wing. He stated his grandmother has Alzheimer’s and he knows the problems they have struggled with. His concern is for safety. He said this does not conform with the trends in this area and would set a precedent. When the facility would have most of their visits is on the weekends when the children would be out in the neighborhood.

Mrs. Irene Shelton addressed the Board to state, let’s not build something upscale for their neighborhood when none of the neighbors want it.

Nancy Jones, 634 Brookfield Loop, member of the Church, addressed the Board to state her personal Christian testimony. She said she thinks it is benefitting that such a facility would be located between two churches for the elderly, where people from both churches can go by and teach them the most beautiful truth that could exist.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated he is a firm believer in ALF’s. He believes they are an asset to the communities and he has never had a problem with the one located on Airport Boulevard and the people are very happy. He believes there is a place for these in every area of the County, but he thinks they must fit within the fabric of the community. He said this area is not near a major intersection, but is basically rural and one that needs to have smaller size units. He stated the P & Z Commission and County staff have said this is not a good thing. The County has committed on this segment of roadway to restrict commercial activities and he thinks the Board needs to live up to that and need to gather the two-lane commitment on the road. He said this facility would be overpowering.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to uphold the decision of the Board of Adjustment based on the size of the facility, thereby, 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 1-1/2 mile north of Lake Mary Boulevard, between the Markham Woods Baptist Church and the Markham Woods Presbyterian Church, as described in the proof of publication, Elder Healthcare Developers, LLC.

Under discussion, Commissioner Van Der Weide said he thinks this is the right facility in the wrong place. He said it is too large and too obtrusive.

Commissioner McLain encouraged the applicant to find another site in Seminole County.

Chairman Morris stated this design is compatible with multiple uses. He explained that the Comprehensive Plan is like protection for enjoyment of the neighborhoods. He said this project did not meet the standards for a Special Exception.

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

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The Board recessed at 8:00 p.m. and reconvened at 8:10 p.m. with all Officials present with the exception of Commissioner McLain who returned late.

Proof of publication, as shown on page __________, calling for a public hearing to consider Ordinance establishing the Dixon Road Paving and Drainage MSBU and estimated assessments, received and filed.

Lola Pfeil, MSBU Coordinator, addressed the Board to present the request.

Commissioner McLain entered the meeting at this time.

Ms. Pfeil gave special thanks to Otis Gifford, Dave Schmidt, and County Engineer, Bob Zaitooni for their efforts.

Commissioner McLain discussed adjusting the usual 10% County Administrative Fee to 5%, which would be $10,000, as there are only two property owners. He said staff agrees that that is a more reasonable fee.

Rev. Greg Freeman, representing Wekiva Assembly Church, addressed the Board to thank the Board and staff, especially Commissioner McLain and Lola Pfeil, for their input on this issue. He said he believes the opening and paving of Dixon Road would be in the best interest of the community at large. His number one reason is that new folks could find their church, and taking some of the traffic flow now on Sunshine Tree Boulevard would be a tremendous benefit to the Mandarin Homeowners Association.

Frank Shelton, Markham Woods Homeowners Association, addressed the Board to state the reason they don’t want the road is because there would be no advantage and they don’t want the heavy traffic. He said there are many more people on Dixon Road; a year ago they gave the Board petitions from those people and he submitted copies of those same petitions, as shown on page __________. He said if this request is approved, Dixon Road would become the main entrance into Mandarin. He said it would be unsafe promoting higher speeds in the area and this would promote cut-through traffic between E. E. Williamson and Markham Woods Road when the intersection is congested. It would also promote higher intensity commercial use near the Wekiva Church where recently a golf course was turned down. He continued that most of the people along the length of Markham Woods Road do not want another dangerous intersection on that road. He said there is no big increased need; the church people said before that they were not planning to expand. He also said the Mandarin Association offered the church to put signs on their property so people could easily find their church; and with a sign on Sunshine Tree Boulevard, there would not be a problem with people finding them.

Gregory Person, representing Mandarin Homeowners Association and Board member of Markham Woods Homeowners Association, 1671 Rutledge, addressed the Board to state protection of the lives of the citizens is important. He said there exists a road in and out that supports the church traffic. He said the rails to trails comes across Dixon Road and there are a lot of kids out during spring and summer and joggers from the health club on E. E. Williamson and connecting with Mandarin. He said most of the residents who live in Mandarin are very opposed to the road being opened.

Tony Bates, 1216 sunshine Tree Boulevard, addressed the Board to state everyday he witnesses the traffic on Sunshine Tree Boulevard and it does fly by. He thinks opening of Dixon Road would decrease and help to alleviate their traffic.

Jere Pile addressed the Board to state he owns property on Dixon Road and he is in favor of opening the road.

Charles Williams, church member of Wekiva Assembly, 155 Wisteria Drive, addressed the Board to state he is aware that people on Dixon Road have had a desire to open it so automobiles could get through. He knows many in Mandarin who also feel the access to Markham Woods Road would facilitate traffic flow through their community. He believes this would be good for Markham Woods Road, Mandarin and Wekiva Assembly. He thanked the Board and staff who worked closely with them.

Robert Banker, 1599 Sunshine Tree Boulevard, addressed the Board to state he gets daily experience with the traffic coming to the intersection at Sunshine and Sunwood, and a school bus stop is also there. He said he is in favor of Dixon Road being opened.

Dale Goembel, 1203 Kumquat Court, addressed the Board to state he is opposed to the opening. He submitted copies of petitions, as shown on page __________, filed previously which were signed by 150 members of Mandarin. He said Mandarin currently has three entrances and exits and serves about 275 houses and Wekiva Assembly. He said there is sufficient roads and traffic to get in and out of the property. He stated the residential traffic decreases on weekends when the church traffic increases and there is very little need for Dixon Road to be opened.

Dr. Sam Ranganathan, 1600 Dixon Road, addressed the Board to state the road has not been maintained for the eight years he has lived there and at times, it is nearly impassable. He said people have often dumped trash along the road and there is now an abandoned vehicle along the road and has been for six years. He said he has wanted to have the road paved for a long time.

Wayne Dickerson, 720 Maitland Avenue, addressed the Board to state he has been a member of Wekiva Assembly for the past 10 years and this is a large safety issue. He hopes the Commission will open the road.

Chairman Morris advised approximately 139 people completed written comment forms (received and filed) in favor of opening the road.

He read one written comment form from Deborah Wert who said she does not think this is necessary.

No one else spoke in support or in opposition.

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

Commissioner McLain stated the big issue is that this is dedicated right-of-way of the County and there is no financial burden for this. He said this right-of-way is an eye sore and he has received phone calls on more than one occasion about it. He is sure the Markham Woods homeowners community is not proud of it. He said they have to make decisions based on what they feel is in the best interest of the community, and make sure a fair assessment and treatment is given to each applicant. He said he has traveled the road to see how to get in and traveling through the community is not what he would want. Based on the County standards and the Traffic Engineer, they would not allow an intersection to be built they feel is an extreme hazard. He said he thinks the community opposed is concerned about intense development and this will not change the character of the neighborhood.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt Ordinance #98-42, as shown on page __________, establishing the Dixon Road Paving and Drainage MSBU and estimated assessments, as described in the proof of publication.

Under discussion, Traffic Engineer Bob Zaitooni advised Commissioner Adams that a blinking light is not recommended at this time at the intersection of Dixon Road and Markham Woods Road. He said he still stands by the conclusions given a year ago. Staff has reviewed the impending plans and they have adequately taken care of the left turn, storage areas and tapers on Markham Woods Road.

Chairman Morris said the issue is to balance the entire community, and he believes in the sincerity of the homeowners. He said from observing the church traffic, he thinks the real issue is the traffic driving through. He doesn’t think there will be any more of the speeding problem on Dixon Road because of the stop sign coming out from the church. He believes there will be a stop sign at the Trail, which will stop the traffic again, and a third sign will be at Dixon. He said the real issue is what this road will bring on property adjustments. He thinks Mr. Shelton is correct, there is great concern for Mandarin. The future in select neighborhoods is continued diligence. This road will not allow the neighborhood to go helter-skelter. He said he will support the motion because it the most logical thing to do, and knowing they still have some development pressure on adjusting properties.

Commissioner McLain clarified the motion includes the change to a 5% County administrative fee. Commissioner Maloy concurred.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Appeal against the Board of Adjustment in denying a Special Exception to permit the upgrade of an alcoholic beverage license from a 2-cop (beer and wine for on-premise consumption) to a 4-cop (full alcohol) license for an existing alcoholic beverage establishment, Tony’s Five Points, received and filed.

Ms. Markley presented the request.

Applicant, Tony Morrin, addressed the Board to answer questions. He showed where the road will be going affecting the car lot next door and showed the location of his property directly across from the Longwood-Lincoln Mercury.

Commissioner McLain stated for the Record he owns the commercial property on Lots 7 and 8 at Sunset Drive.

Mr. Morrin stated he has met all the licensing and criteria requirements, and all his employees have been trained. He said the County Health Department brought up a few things and he has agreed to those.

Chairman Morris said staff concurs that three of the four counts identified by the Board of Adjustment are being met by the applicant. He said the issue is the responsible nature of the owner-occupant and what they are actually doing in the performance of their alcoholic beverage license. He doesn’t understand the reading from the Board of Adjustment in this case. Their reason for denial was that there are a lot of bars already where this one exists.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve the staff recommendation, thereby overturning the decision of the Board of Adjustment, and approve a Special Exception to permit the upgrade of an alcoholic beverage license from a 2-cop (beer and wine for on-premise consumption) to a 4-cop (full alcohol) license for an existing alcoholic beverage establishment; as described in the proof of publication, Tony’s Five Points.

Under discussion, Commissioner Morris asked the applicant if he could use his ability to get the owner of the property to at least comply with the codes so they are not always being cited and this would help the County and enhance the business.

Mr. Morrin explained to Commissioner Adams that he cannot go full service at this time until he is on the County’s sewer system. He explained the nature of his planned full service bar and restaurant.

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

Commissioner Adams voted NAY.

Mr. Wagner distributed copies of the scope of work (copy received and filed) which the Board requested at the morning meeting.

DCM Cindy Coto stated she reviewed the scope that is divided into two phases. She said Phase II will ensue if they come to agreement with wastewater and reclaimed water services. Phase II is only for information at this time. This will be brought back for Board approval if the Board wishes to proceed.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve ??? the recommendation of staff-----authorization for the County to negotiate with the City of Oviedo to provide wastewater and reclaimed water service; authorization for the County to negotiate with the University of Central Florida to provide wastewater and reclaimed water service; and authorization for staff to negotiate an Amendment to the Hartman and Associates, Inc. Contract to assist in the development of the South Central Service Area Program.

Under discussion, Ms Coto asked the Board to approve the scope of services for Phase I up to a maximum of $100,000 and authorize the County to negotiate a contract and give the County Manager authority to execute the contract.

Commissioners McLain and Adams concurred with the request from Ms. Coto.

Chairman Morris clarified that this action has nothing to do with acquisition of a utility.

Commissioner Van Der Weide stated he wish he could have had the scope of services report earlier. Whereupon, Mr. Wagner introduced Zack Fuller, Senior Associate with Hartman & Associates. He said he prepared the scope with Mr. Fuller and they reviewed it with Ms. Coto.

Commissioner Van Der Weide stated he has some people in his district who are very concerned with the Seminole County Utility Plan and where it is headed. He has had some people contact him about Hartman and Associates and Mr. Cloud regarding unsuccessful issues that took place in Marion County and involved $1 million. He said he would like to hear from Trish Madden.

Trish Madden addressed the Board to state her concern that the Board had no scope of services until now and some of them may have read it or not. She said if the Board grants this award, she will have to go back and look at her billing charges and charge more. She said she thinks it would be more appropriate if the Board gives more thought about what they are paying for rather than voting on this tonight.

Commissioner McLain advised that the Board had a briefing with staff this morning on this subject. He said he has confidence with the staff that when they say not to exceed $100,000, they will be prudent. He explained that Commissioner Maloy made the motion to approve the request, but he wanted to see some additional information. He has reviewed and evaluated same, so Commissioner McLain said he has no hesitation with moving forward. He said if they can work out a reasonable program with UCF, it may provide revenue for the County. He reiterated that the Board is not looking at acquiring any facility.

Chairman Morris added that this follows directly in line with what the Board had in mind with the Utility Business Plan. He said this is not a competitive situation. Hartman & Associates are highly respected, and he doesn’t know about any Marion County association. He said Gray, Harris & Robinson is also a respectable organization. He stated this also deals with the City of Oviedo, who spoke earlier on moving forward. He said this was not a last-second thing and it does not trouble him at all. He continued discussion with Ms. Madden and relayed that the Board is not blindly following the staff but there are some things they know about too.

Ms. Coto explained to Commissioner Maloy that if all the elements are approved of Phases I and II, the total would be $223,000. Staff would have to come back for approval of the $123,000 for Phase II. At any point if an entity changed, those things would be eliminated.

Commissioner Adams stated he was briefed by Mr. Wagner because he was not present this morning for the discussion. He believes it is time since the County has excess capacity available at Iron Bridge and if this works, it will save the taxpayers.

Districts 2, 4, and 5 voted AYE.

Commissioners Van Der Weide and Maloy voted NAY.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:45 p.m.

ATTEST____________________Clerk________________Chairman

er/cc

passed in support of that conference. He said he will submit additional information and a resolution will be provided at the next meeting. The Board had no objections.

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Commissioner Maloy stated Ms. Lola Pfeil informed him that the Jamestown area would like to pay for street lighting through an MSBU. He stated the residents are in need of some funds in the amount of $1,970 for installation of the lights. Therefore, he would recommend using CDBG funding for this purpose.

Motion by Commissioner Maloy, seconded by Commissioner Adams to authorize CDBG funds in the amount of $1,970 for the installation of street lights on Lone Pine Street.

Under discussion and upon inquiry by Chairman Morris, Ms. Chandler advised she is sure there are contingency money for this, but she would like to ensure that there actually is a dedicated line item for that.

Chairman Morris recommended amending the motion to "or other funding sources recommended by staff.

Commissioners Maloy and Adams agreed to the amendment.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Maloy stated he would like to know if he can get an update from staff on how the billboard development agreement is progressing.

Cindy Coto, Deputy County Manager, addressed the Board to advise staff will provide that information to the Board at the next meeting.

Commissioner McLain stated he feels the Board needs to evaluate those agreements and take a look at the signage along 17-92.

Ms. Coto advised staff can provide a status report during the County Manager’s Briefing.

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Commissioner McLain informed the Board that the Mayor has invited everyone to come to the park this afternoon at 5:30 p.m. for free hamburgers.

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The Board recessed at 4:38 p.m.,

ADD-ON

Wagner, Environmental Services Director, addressed the Board to state the University of Central Florida is increasing the size of their wastewater treatment plant and have approached Seminole County to see if the County can take care of their flows when they construct their facility and this led to the discussion of the County ultimately taking their buildout flows of two million gallons a day. He said this discussion led to a possible relationship as proposed in the Business Plan for a merger of utilities--UCF has water and wastewater utilities and Seminole County has capacity at Iron Bridge. He said the scenario for this area has changed. He stated UCF also needs reclaimed water, and the City of Oviedo needs wastewater capacity and reclaimed water.

Deputy Clerk, Eva Roach, left the meeting at this time and was replaced by Deputy Clerk, Carylon Cohen.

Mr. Wagner continued that the County, with unused capacity at the Iron Bridge facility, has the ability to take advantage of a great opportunity in this area and get into a wastewater/reclaimed business much more than anticipated. He said staff would like to continue to the City of Oviedo about their reclaimed and wastewater needs; and want to continue to work with UCF to meet their needs. To do that, staff needs authorization to amend the original work order with Hartman and Associates and Gray, Harris, and Robinson because the scope of this scenario has changed drastically, which involves the City of Orlando and could involve Orange County. Discussion ensued.

Mr. Cloud addressed the Board to answer questions. He advised the Water Management District has the ability to make grants in this area, and they have an excellent opportunity to tap into those grant funds to help do the necessary mechanics of providing the reuse water. He said the local Water Management District office is very much excited about this proposal and has encouraged them to move forward. During discussion, he answered Chairman Morris that he estimates the cost at $100,000, but that is based on the four different relationships that have to be negotiated. He said they are trying to get money from the St. Johns River Water Management District to reimburse their costs and Hartman & Associates’ costs. He stated this program creates the opportunity to get revenue which would well exceed any expense of putting this together and revitalizing the utility.

DCM, Cindy Coto, advised Commissioner Van Der Weide that she is recommending this program.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve authorization to concur with various elements necessary to put forth the South Central Service Area Expansion Program and staff to negotiate with Hartman and Associates, Inc. for a contract amount not to exceed $100,000, with the Board to receive a copy of same.

Under discussion, Chairman Morris stated staff can bring back a scope of services two weeks or the Board can be copied to receive it. Commissioner Maloy stated he prefers to see the scope of services beforehand.

Chairman Morris asked staff if allowing two weeks time for the scope of services would cause a problem, and Mr. Wagner said it could. He explained that UCF has already approached and heard from Orange County. Because they need the flow right away, they are having to make a decision soon.

Commissioner Van Der Weide stated he is not against this project, but would like to make sure the Board has given it due diligence.

Commissioner McLain said he doesn’t understand what the reluctance is in giving staff the freedom to do this. He said this has no bearing to what was done with Yankee Lake (which Commissioner Van Der Weide brought up).

Commissioner Van Der Weide stated he is having hard time grasping the urgency of the two-week time frame and he is not willing to move forward this rapidly without having all the "t’s" crossed.

Mr. Wagner said staff can prepare the scope and bring it before the Board at tonight’s meeting. Chairman Morris said the Board will take this item at the top of the agenda tonight. He asked the representatives to explain to the Commissioners where they are in the delicate communications with UCF.

Commissioner Maloy withdrew his motion and Commissioner Van Der Weide withdrew his second.

Ms. Coto advised a request was received from the City of Lake Mary (copy of letter received and filed) regarding County-owned property south of the North Pointe development. The City wishes to enter into negotiation with the County for some of the property for them to construct a water storage tank. She would like to bring this item before the Board on September 8, 1998.

Commissioner McLain left the meeting at this time.

The Board had no objections to hearing a discussion from the City of Lake Mary on September 8, 1998.

Chairman Morris pointed out regarding Item #4, Purchase Agreement and Easement Agreement with the Crossings Master homeowners Association, that this is a unique agreement that allows for transferring the Myrtle Lake outfall flooding to the Crossings Master Homeowners Association lakes and out to Lake Jesup. This will eliminate a long-time flooding problem.

Commissioner Maloy questioned staff about Item #3, Alternative Contract Methods for the recommended Major Projects. County Engineer, Jerry McCollum, stated staff is looking at the A and B concept where you pay a little more money by having the job done quicker.

Commissioner McLain reentered the meeting at this time, and Commissioner Van Der Weide left the meeting.

Commissioner Maloy questioned the hours regarding Item #5, Resolution amending the water restrictions imposed by the Board on May 26, 1998, and said he would like the times to be from 10:00 p.m. to 4:00 a.m. like the St. Johns District, instead of 8:00 p.m. to 6:00 a.m.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to amend the hours in the proposed Resolution amending the water restrictions imposed by the Board on May 26, 1998, to allow car washing and pressure washing to buildings, to read from 10:00 p.m. to 4:00 a.m.

Districts 1, 2, and 5 voted AYE.

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

Stormwater

Purchasing

Formal Contracts:

15. Waive the competitive bid process and approve Miscellaneous Contract M-71-98/BJC, as shown on page __________, Improvements to County Road 46A, Phase I (I-4 Intersection at CR 46A) with Martin K. Eby Construction, Company, Inc., Lake Mary, as a proprietary purchase ($603,851.33).
16. Approve Change Order #4, as shown on page __________, to FC-122-97/BJC, McNeil Road Construction, with Southland Construction, Inc., Apopka ($630.00).
17. Approve Change Order #5, as shown on page __________, to FC-122-97/BJC, McNeil Road Construction, with Southland Construction, Inc., Apopka ($6,060.21).
18. Approve Change Order #6, as shown on page __________, to FC-122-97/BJC, McNeil Road Construction, with Southland Construction, Inc., Apopka ($3,595.51).
19. Approve Acceptance of FC-122-97/BJC, as shown on page __________, McNeil Road Construction, with Southland Construction, Inc., (Certificate of Completion).

Professional Services:

20. Approve ranking list for PS-520-98/BJC, Traffic Operations Studies; authorize negotiations and award Master Agreements, as shown on page __________, to Ghyabi Lawsiter & Associates, Ormond Beach; and Professional Engineering Consultants, Orlando (not-to-exceed $120,000).
21. Approve Amendment #1, as shown on page __________, to Work Order #8 to PS-152, Construction Engineering and Inspection Services for Tuskawilla Road, Phase II, with Beiswenger Hoch and Associates, Kissimmee (time extension).
22. Approve Amendment #1, as shown on page __________, to Work Order #10 to PS-327-95/BJC, Engineering Services for Midway Paving and Drainage, with WBQ Design & Engineering, Inc., Orlando ($18,159.00).

Request for Proposals:

23. Award RFP-442-98/BJC, as shown on page __________, Prosecution Alternatives for Youth Program Counseling Agreement to Another Chance Counseling, Winter Park; Julie Bryant, Longwood; Pamela Fields, Altamonte Springs; Families in Recovery, Longwood; Grove Counseling Center, Longwood; Human Services & Resources, Longwood; Quest Counseling Center, Altamonte Springs; and Robert Tango, Lake Mary (not-to-exceed $51,000.00).
24. Approve Final Renewal, as shown on page __________, to RFP-253, Softball Complex Concession Operations Lease and Agreement with New Age Café, Inc., Lake Mary (August 31, 1998 to August 30, 1999).

Bids:

25. Award Bid #212-97/CI, as shown on page __________, Sale and Removal of County-owned Metal Buildings and Sale of Surplus Property for Lot #9 only to Thomas L. Hentz, Maitland ($4,610.00) and reject the bid for Lot #8.

Other:

26. Declare Surplus and Award Bid #211-97/JBP, Sale of twenty-three (23) traffic counters to Traffic Count Resources, Oviedo ($4,225.00).

Budget

27. BCR #98/143 ($15,258), Public Works/Roads Fund 10101, County Transportation Fund; makes funds available from capital savings to purchase six radios and a trailer.
28. BCR #98/144 ($591,889), Public Works/Engineering Fund 11500/12601/12602, Infrastructure Sales Tax Fund/Arterial-Impact Fees Fund/N. Collector-Impact Fee Fund; makes funds available for early land acquisition costs for CR 46A Phase III and Lake Emma Road projects.
29. BCR #98/145 ($59,000), Public Works/Solid Waste Fund 40201, Solid Waste Fund; to utilize funds from savings to purchase hydraulically operated trailer covers for new trailers in the Solid Waste Contract Operation Division.
30. Budget Amendment Resolution #98-R-173, as shown on page __________, ($24,987), Department of Fiscal Services Fund 11908, Disaster Preparedness Grant Fund; the State Department of Community Affairs has modified the Disaster Preparedness Grant resulting in an increase of $24,987.
31. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Linda L. Dose for the Chula Vista Road Restoration MSBU. District 1
32. Authorize expenditure in the amount of $25,000 from the Law Enforcement Trust Fund to purchase radio equipment for the Transportation Department at the John E. Polk Correctional Facility.
33. Authorize expenditure in the amount of $1,500 from the Law Enforcement Trust Fund to purchase a computer software package.

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Motion by Commissioner McLain, seconded by Commissioner Maloy, to continue from this morning’s Agenda to the 1:30 p.m. afternoon meeting session Items E (U.S. 17-92 Corridor Redevelopment Agency), F (Departmental Reports), G (Clerk’s Report-Consent Agenda), H (Other Constitutional Officer’s Report), and I (Approval of Official Minutes).

Districts 1, 2, and 5 voted AYE.

County, Robert McMillan, advised the Board of an Add-on item to his Agenda for approval of Revised Access Easement regarding Red Bug Lake Road, Phase II, Parcel Numbers 146/846/946.

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

Ms. Coto reminded the Board that the reception for the Legislative Delegation will be held at 12:45 p.m. today.

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The Board recessed at 11:43 a.m.,

reconvening at 7:08 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication, as shown on page __________, calling for a public hearing to consider Appeal against the Board of Adjustment is approving for Deborah Leschot, a side yard setback variance to 4 feet in lieu of 10 feet for a two-car garage addition, William Frazier, received and filed.

Zoning Coordinator, Ginny Markley, addressed the Board to present the request. She advised that the attorney representing Ms. Leschot has requested a continuance as he nor the applicant could be in attendance this evening. She said the appellant, Mr. Frazier, is in agreement with the continuance and said he would not be here this evening. Ms. Markley stated all parties said they would be available for the September 8 meeting, if the Board wishes to continue to that date.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to continue to September 22, 1998, 7:00 p.m., or as soon thereafter as possible, the Appeal against the Board of Adjustment is approving for Deborah Leschot, a side yard setback variance to 4 feet in lieu of 10 feet for a two-car garage addition; as described in the proof of publication, William Frazier.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1A (Single-Family Residential), R-1(Single-Family Residential and R-1BB (Single Family Residential); property located southeast of SR 426 and north of Aloma Woods Blvd., CFG Real Estate Group, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to present the request. He stated the applicant has requested a continuance for two weeks to September 8, 1998.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to continue to September 8, 1998, 7:00 p.m., or as soon thereafter as possible, the request to Rezone from A-1 (Agriculture) to R-1A (Single-Family Residential), R-1(Single-Family Residential and R-1BB (Single Family Residential); property located southeast of SR 426 and north of Aloma Woods Blvd.; as described in the proof of publication, CFG Real Estate Group.

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

Continuation of a public hearing from August 11, 1998, to consider 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 1-1/2 mile north of Lake Mary Boulevard, between the Markham Woods Baptist Church and the Markham Woods Presbyterian Church, Elder Healthcare Developers, LLC.

Ms. Markley presented the request. She advised the Board of Adjustment by a 4-0 vote denied the Special Exception based on the ALF being highly intensive in nature and inappropriate for the established residential community. She said based on staff analysis, prior to all public hearings, staff recommends that a 65 bed, two-story, 47,000 sq. ft. ALF is: (1) not consistent with the general zoning category and plan of A-1, Agriculture, and would not be consistent with the concept of low density, rural land use due to the size and intensity of the facility proposed; (2) A 65-bed, 46,000 sq. ft. ALF would be detrimental to the character of the area or neighborhood and inconsistent with the trends of development in the area or neighborhood. The character of the area and trend of development is single-family residential homes on lots one acre in size or greater; (3) The proposed facility is highly intensive in nature; (4) The proposed facility would not have an unduly adverse affect on existing traffic patterns, movements and intensity as long as all required off-site improvements, including turn lanes on Markham Woods Road, are installed; (5) Access to urban services are available. Water and sewer could be provided by Seminole County; (6) The proposed facility would be consistent with the Suburban Estates Land use if the proposed ALF met the standards for granting a Special Exception listed above. The Comprehensive Plan, however, does not address compatibility issues; and (7) The proposed 47,000 sq. ft. structure would not be compatible with the physical size of the existing structures in the area. The First Baptist Church Markham Woods is 11,658 sq. ft., the Markham Woods Presbyterian Church is 11,033 sq. ft. and the largest single family home in the area is 6,260 sq. ft. in size. The average size for the single-family homes in the area is approximately 3,500 sq. ft. Therefore, staff recommends that the decision of the Board of Adjustment be upheld and the Special Exception for a 65-bed ALF be denied.

Applicant, Tom Boland, Vice president of Acquisitions with Elder Healthcare Developers, addressed the Board. He showed a copy of the site plan and distributed a brochure (copy received and filed) on Atria Communities, Inc., a company that does assisted living facilities for senior citizens. He explained it is their facility located on Red Bug Road with 90 units and said the reason for the square footage and number of beds for the proposed ALF is because this is an upscaled facility appealing to the neighborhood. There is more common area and the rooms are larger. He advised the Board what the ALF is not and told of the type of clientele and services they do provide.

Mr. Bowland questioned whether the Comprehensive Plan applies anymore and if it addresses the types of land uses being brought to the County. He said this use does not create school children, traffic, or the type of impact that a multi-family residence might create. He said he thinks this is an appropriate planned use in this particular location.

Frank Shelton, representing the Markham Woods Homeowners Association, 1417 N. Ravensbrook, addressed the Board to state this is private, for-profit commercial facility and is completely out of character with the surrounding residential area. He stated this is initially to accommodate 65 persons with round-the-clock staff which makes it like a hospital. This would reverse the trend and drastically depress the property values in the immediate area. This would attract supporting other commercial operations such as medical facilities, professional offices, and light recreational facilities which are also completely out of character for the area. He stated this would be much more intense than the minimum one per acre house currently permitted. Further, he said this would impact the traffic on Markham Woods Road. He stated this is in the Wekiva River Protection area and the purpose for that is not to increase the density of development in that area. He said this facility is four times the size of the churches on both sides and much larger than the homes surrounding it.

Patricia Thompson, 3420 Dawn Court, addressed the Board to state she is opposed to the request and she believes the best land use for this area would be what is on Markham Woods Road. She showed the Board pictures (received and filed) of the homes in the area. She commented on the dangerous curve. She said most of the work will be subcontracted out so there will be many more people using their roads.

Charles Bahr, representing Shannon Downs Homeowners Association, addressed the Board to state his position has not changed. He said he has not heard anything that would sway his thoughts that he was wrong and that the ALF would be something good.

George Powell, 5505 Markham Woods Road, addressed the Board to state he has lived there for 15 years and his is one of the most dangerous driveways in the County located directly on the curve, similar to what the driveway would be in the proposed facility. He said he feels this would be a horrendous problem with the County. He said the eight criteria for granting a Special Exception cannot be met by this facility and it should be turned down for that reason alone.

Noreen Waite, 5400 Carter Road, addressed the Board to state the biggest problem she has is that this is a residential area and the City of Lake Mary and Seminole County have provided an area that this type of building would be welcomed and properly zoned for--that is Northpointe and ???????

Chairman Morris reported he has one written comment form (received and filed) from Debra Wert in opposition to the ALF. Another written comment form in opposition was received and filed from Susan Ghrist.

Franz Springmann addressed the Board to state his property is adjacent to the Presbyterian Church, next to the Baptist Church looking to put in this ALF. He said he has two children and understand that this ALF will have an Alzheimer’s wing. He stated his grandmother has Alzheimer’s and he knows the problems they have struggled with. His concern is for safety. He said this does not conform with the trends in this area and would set a precedent. When the facility would have most of their visits is on the weekends when the children would be out in the neighborhood.

Mrs. Irene Shelton addressed the Board to state, let’s not build something upscale for their neighborhood when none of the neighbors want it.

Nancy Jones, 634 Brookfield Loop, member of the Church, addressed the Board to state her personal Christian testimony. She said she thinks it is benefitting that such a facility would be located between two churches for the elderly, where people from both churches can go by and teach them the most beautiful truth that could exist.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated he is a firm believer in ALF’s. He believes they are an asset to the communities and he has never had a problem with the one located on Airport Boulevard and the people are very happy. He believes there is a place for these in every area of the County, but he thinks they must fit within the fabric of the community. He said this area is not near a major intersection, but is basically rural and one that needs to have smaller size units. He stated the P & Z Commission and County staff have said this is not a good thing. The County has committed on this segment of roadway to restrict commercial activities and he thinks the Board needs to live up to that and need to gather the two-lane commitment on the road. He said this facility would be overpowering.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to uphold the decision of the Board of Adjustment based on the size of the facility, thereby, 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 1-1/2 mile north of Lake Mary Boulevard, between the Markham Woods Baptist Church and the Markham Woods Presbyterian Church, as described in the proof of publication, Elder Healthcare Developers, LLC.

Under discussion, Commissioner Van Der Weide said he thinks this is the right facility in the wrong place. He said it is too large and too obtrusive.

Commissioner McLain encouraged the applicant to find another site in Seminole County.

Chairman Morris stated this design is compatible with multiple uses. He explained that the Comprehensive Plan is like protection for enjoyment of the neighborhoods. He said this project did not meet the standards for a Special Exception.

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

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The Board recessed at 8:00 p.m. and reconvened at 8:10 p.m. with all Officials present with the exception of Commissioner McLain who returned late.

Proof of publication, as shown on page __________, calling for a public hearing to consider Ordinance establishing the Dixon Road Paving and Drainage MSBU and estimated assessments, received and filed.

Lola Pfeil, MSBU Coordinator, addressed the Board to present the request.

Commissioner McLain entered the meeting at this time.

Ms. Pfeil gave special thanks to Otis Gifford, Dave Schmidt, and County Engineer, Bob Zaitooni for their efforts.

Commissioner McLain discussed adjusting the usual 10% County Administrative Fee to 5%, which would be $10,000, as there are only two property owners. He said staff agrees that that is a more reasonable fee.

Rev. Greg Freeman, representing Wekiva Assembly Church, addressed the Board to thank the Board and staff, especially Commissioner McLain and Lola Pfeil, for their input on this issue. He said he believes the opening and paving of Dixon Road would be in the best interest of the community at large. His number one reason is that new folks could find their church, and taking some of the traffic flow now on Sunshine Tree Boulevard would be a tremendous benefit to the Mandarin Homeowners Association.

Frank Shelton, Markham Woods Homeowners Association, addressed the Board to state the reason they don’t want the road is because there would be no advantage and they don’t want the heavy traffic. He said there are many more people on Dixon Road; a year ago they gave the Board petitions from those people and he submitted copies of those same petitions, as shown on page __________. He said if this request is approved, Dixon Road would become the main entrance into Mandarin. He said it would be unsafe promoting higher speeds in the area and this would promote cut-through traffic between E. E. Williamson and Markham Woods Road when the intersection is congested. It would also promote higher intensity commercial use near the Wekiva Church where recently a golf course was turned down. He continued that most of the people along the length of Markham Woods Road do not want another dangerous intersection on that road. He said there is no big increased need; the church people said before that they were not planning to expand. He also said the Mandarin Association offered the church to put signs on their property so people could easily find their church; and with a sign on Sunshine Tree Boulevard, there would not be a problem with people finding them.

Gregory Person, representing Mandarin Homeowners Association and Board member of Markham Woods Homeowners Association, 1671 Rutledge, addressed the Board to state protection of the lives of the citizens is important. He said there exists a road in and out that supports the church traffic. He said the rails to trails comes across Dixon Road and there are a lot of kids out during spring and summer and joggers from the health club on E. E. Williamson and connecting with Mandarin. He said most of the residents who live in Mandarin are very opposed to the road being opened.

Tony Bates, 1216 sunshine Tree Boulevard, addressed the Board to state everyday he witnesses the traffic on Sunshine Tree Boulevard and it does fly by. He thinks opening of Dixon Road would decrease and help to alleviate their traffic.

Jere Pile addressed the Board to state he owns property on Dixon Road and he is in favor of opening the road.

Charles Williams, church member of Wekiva Assembly, 155 Wisteria Drive, addressed the Board to state he is aware that people on Dixon Road have had a desire to open it so automobiles could get through. He knows many in Mandarin who also feel the access to Markham Woods Road would facilitate traffic flow through their community. He believes this would be good for Markham Woods Road, Mandarin and Wekiva Assembly. He thanked the Board and staff who worked closely with them.

Robert Banker, 1599 Sunshine Tree Boulevard, addressed the Board to state he gets daily experience with the traffic coming to the intersection at Sunshine and Sunwood, and a school bus stop is also there. He said he is in favor of Dixon Road being opened.

Dale Goembel, 1203 Kumquat Court, addressed the Board to state he is opposed to the opening. He submitted copies of petitions, as shown on page __________, filed previously which were signed by 150 members of Mandarin. He said Mandarin currently has three entrances and exits and serves about 275 houses and Wekiva Assembly. He said there is sufficient roads and traffic to get in and out of the property. He stated the residential traffic decreases on weekends when the church traffic increases and there is very little need for Dixon Road to be opened.

Dr. Sam Ranganathan, 1600 Dixon Road, addressed the Board to state the road has not been maintained for the eight years he has lived there and at times, it is nearly impassable. He said people have often dumped trash along the road and there is now an abandoned vehicle along the road and has been for six years. He said he has wanted to have the road paved for a long time.

Wayne Dickerson, 720 Maitland Avenue, addressed the Board to state he has been a member of Wekiva Assembly for the past 10 years and this is a large safety issue. He hopes the Commission will open the road.

Chairman Morris advised approximately 139 people completed written comment forms (received and filed) in favor of opening the road.

He read one written comment form from Deborah Wert who said she does not think this is necessary.

No one else spoke in support or in opposition.

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

Commissioner McLain stated the big issue is that this is dedicated right-of-way of the County and there is no financial burden for this. He said this right-of-way is an eye sore and he has received phone calls on more than one occasion about it. He is sure the Markham Woods homeowners community is not proud of it. He said they have to make decisions based on what they feel is in the best interest of the community, and make sure a fair assessment and treatment is given to each applicant. He said he has traveled the road to see how to get in and traveling through the community is not what he would want. Based on the County standards and the Traffic Engineer, they would not allow an intersection to be built they feel is an extreme hazard. He said he thinks the community opposed is concerned about intense development and this will not change the character of the neighborhood.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt Ordinance #98-42, as shown on page __________, establishing the Dixon Road Paving and Drainage MSBU and estimated assessments, as described in the proof of publication.

Under discussion, Traffic Engineer Bob Zaitooni advised Commissioner Adams that a blinking light is not recommended at this time at the intersection of Dixon Road and Markham Woods Road. He said he still stands by the conclusions given a year ago. Staff has reviewed the impending plans and they have adequately taken care of the left turn, storage areas and tapers on Markham Woods Road.

Chairman Morris said the issue is to balance the entire community, and he believes in the sincerity of the homeowners. He said from observing the church traffic, he thinks the real issue is the traffic driving through. He doesn’t think there will be any more of the speeding problem on Dixon Road because of the stop sign coming out from the church. He believes there will be a stop sign at the Trail, which will stop the traffic again, and a third sign will be at Dixon. He said the real issue is what this road will bring on property adjustments. He thinks Mr. Shelton is correct, there is great concern for Mandarin. The future in select neighborhoods is continued diligence. This road will not allow the neighborhood to go helter-skelter. He said he will support the motion because it the most logical thing to do, and knowing they still have some development pressure on adjusting properties.

Commissioner McLain clarified the motion includes the change to a 5% County administrative fee. Commissioner Maloy concurred.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Appeal against the Board of Adjustment in denying a Special Exception to permit the upgrade of an alcoholic beverage license from a 2-cop (beer and wine for on-premise consumption) to a 4-cop (full alcohol) license for an existing alcoholic beverage establishment, Tony’s Five Points, received and filed.

Ms. Markley presented the request.

Applicant, Tony Morrin, addressed the Board to answer questions. He showed where the road will be going affecting the car lot next door and showed the location of his property directly across from the Longwood-Lincoln Mercury.

Commissioner McLain stated for the Record he owns the commercial property on Lots 7 and 8 at Sunset Drive.

Mr. Morrin stated he has met all the licensing and criteria requirements, and all his employees have been trained. He said the County Health Department brought up a few things and he has agreed to those.

Chairman Morris said staff concurs that three of the four counts identified by the Board of Adjustment are being met by the applicant. He said the issue is the responsible nature of the owner-occupant and what they are actually doing in the performance of their alcoholic beverage license. He doesn’t understand the reading from the Board of Adjustment in this case. Their reason for denial was that there are a lot of bars already where this one exists.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve the staff recommendation, thereby overturning the decision of the Board of Adjustment, and approve a Special Exception to permit the upgrade of an alcoholic beverage license from a 2-cop (beer and wine for on-premise consumption) to a 4-cop (full alcohol) license for an existing alcoholic beverage establishment; as described in the proof of publication, Tony’s Five Points.

Under discussion, Commissioner Morris asked the applicant if he could use his ability to get the owner of the property to at least comply with the codes so they are not always being cited and this would help the County and enhance the business.

Mr. Morrin explained to Commissioner Adams that he cannot go full service at this time until he is on the County’s sewer system. He explained the nature of his planned full service bar and restaurant.

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

Commissioner Adams voted NAY.

Mr. Wagner distributed copies of the scope of work (copy received and filed) which the Board requested at the morning meeting.

DCM Cindy Coto stated she reviewed the scope that is divided into two phases. She said Phase II will ensue if they come to agreement with wastewater and reclaimed water services. Phase II is only for information at this time. This will be brought back for Board approval if the Board wishes to proceed.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve ??? the recommendation of staff-----authorization for the County to negotiate with the City of Oviedo to provide wastewater and reclaimed water service; authorization for the County to negotiate with the University of Central Florida to provide wastewater and reclaimed water service; and authorization for staff to negotiate an Amendment to the Hartman and Associates, Inc. Contract to assist in the development of the South Central Service Area Program.

Under discussion, Ms Coto asked the Board to approve the scope of services for Phase I up to a maximum of $100,000 and authorize the County to negotiate a contract and give the County Manager authority to execute the contract.

Commissioners McLain and Adams concurred with the request from Ms. Coto.

Chairman Morris clarified that this action has nothing to do with acquisition of a utility.

Commissioner Van Der Weide stated he wish he could have had the scope of services report earlier. Whereupon, Mr. Wagner introduced Zack Fuller, Senior Associate with Hartman & Associates. He said he prepared the scope with Mr. Fuller and they reviewed it with Ms. Coto.

Commissioner Van Der Weide stated he has some people in his district who are very concerned with the Seminole County Utility Plan and where it is headed. He has had some people contact him about Hartman and Associates and Mr. Cloud regarding unsuccessful issues that took place in Marion County and involved $1 million. He said he would like to hear from Trish Madden.

Trish Madden addressed the Board to state her concern that the Board had no scope of services until now and some of them may have read it or not. She said if the Board grants this award, she will have to go back and look at her billing charges and charge more. She said she thinks it would be more appropriate if the Board gives more thought about what they are paying for rather than voting on this tonight.

Commissioner McLain advised that the Board had a briefing with staff this morning on this subject. He said he has confidence with the staff that when they say not to exceed $100,000, they will be prudent. He explained that Commissioner Maloy made the motion to approve the request, but he wanted to see some additional information. He has reviewed and evaluated same, so Commissioner McLain said he has no hesitation with moving forward. He said if they can work out a reasonable program with UCF, it may provide revenue for the County. He reiterated that the Board is not looking at acquiring any facility.

Chairman Morris added that this follows directly in line with what the Board had in mind with the Utility Business Plan. He said this is not a competitive situation. Hartman & Associates are highly respected, and he doesn’t know about any Marion County association. He said Gray, Harris & Robinson is also a respectable organization. He stated this also deals with the City of Oviedo, who spoke earlier on moving forward. He said this was not a last-second thing and it does not trouble him at all. He continued discussion with Ms. Madden and relayed that the Board is not blindly following the staff but there are some things they know about too.

Ms. Coto explained to Commissioner Maloy that if all the elements are approved of Phases I and II, the total would be $223,000. Staff would have to come back for approval of the $123,000 for Phase II. At any point if an entity changed, those things would be eliminated.

Commissioner Adams stated he was briefed by Mr. Wagner because he was not present this morning for the discussion. He believes it is time since the County has excess capacity available at Iron Bridge and if this works, it will save the taxpayers.

Districts 2, 4, and 5 voted AYE.

Commissioners Van Der Weide and Maloy voted NAY.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:45 p.m.

ATTEST____________________Clerk________________Chairman

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