BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

AUGUST 28, 2001

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, August 28, 2001, in the SEMINOLE COUNTY SERVICES BUILDLING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Dick Van Der Weide (District 3)

     Vice Chairman Randy Morris (District 2)

     Commissioner Grant Maloy (District 1)

     Commissioner Carlton Henley (District 4)

     Commissioner Daryl McLain (District 5)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Dr. Darrel Riley, Executive Pastor of Northland Church, Longwood, gave the Invocation.

     County Manager Kevin Grace led the Pledge of Allegiance.

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     Commissioner McLain stated he is happy to say that the County’s mosquito program is working well.  He stated he was out the other day and found this (an oversized replica of a mosquito) along the side of the road. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-142, as shown on page __________, supporting the Academy of Information Technology at Crooms Academy in Sanford, Florida.

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

 


COUNTY ATTORNEY

CONSENT AGENDA

     Motion by Commissioner Henley, seconded by Commissioner Morris to approve and execute Pre-litigation Purchase Agreement, as shown on page _________, in the amount of $5,000.00 inclusive of all attorneys’ fees and costs that could be reimbursed under an inverse condemnation case relating to a 624 s.f. parcel adjacent to Fire Station No. 42 and is located at the intersection of State Road 46 and Old State Road No. 13, Fritz C. Alder and Brad Young property.

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

INFORMATION ITEMS

     Robert McMillan, County Attorney, addressed the Board to advise Dawn Cokeley has filed a lawsuit against the Supervisor of Elections relative to the referendum.  He stated he is requesting authorization to intervene before Tuesday, if there is a hearing, in order to represent the County’s interest. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to authorize the County Attorney to intervene relative to Dawn Cokeley vs. Supervisor of Elections.

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

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     Mr. McMillan stated a lawsuit has been filed against the County relative to the Big Oaks issue.  He stated the civil rights action has been forwarded to Insurance Claims for processing. 

     Upon inquiry by Commissioner Henley, Stephen Lee, Deputy County Attorney, addressed the Board to advise the Board of Adjustment approved a Special Exception years ago, which allows 12 paying guests to use the property.  Since that time there has been a running dispute with the neighbors over a nuisance.  The neighbors have filed a nuisance action against the Big Oaks Ranch.  The County was brought in to declare whatever rights the Big Oaks Ranch has in using their property for paying events.  In addition, claims were thrown in indicating that the County took their property rights. 

     Mr. McMillan stated all the County did was to pursue a code enforcement action and the property owner is trying to turn that into an inverse condemnation action.  He stated this action has been forwarded to Insurance Claims and they will handle it.

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     Mr. McMillan stated he has received a check in the amount of $56,570 relating to the Katharine Wells Code Enforcement lien. 

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     Mr. McMillan stated the Magistrate hearing for the Joyce Suber case is recommending that the fees and cost of $94,000 be awarded to the County.  He stated he is waiting for the Judge’s order on that case.

LEGISLATIVE UPDATE

     Stephen Lee, Deputy County Attorney, addressed the Board to review the following issues identified by staff and the Board to be part of the legislative package this year:  (1) Car rental surcharge; (2) Oppose efforts to require Animal Control officers to report family violence; (3) Oppose efforts to amend Chapter 162, F.S. regarding joint planning agreements; (4) Support FAC’s efforts to begin implementation of Revision 7 to Article V; (5) Review Code Enforcement legislation and recommend appropriate changes; (6) Change definition of “enclave” in annexation statute; (7) Oppose efforts to shift responsibility to County for pre-detention costs; (8) Support continuation of full State funding for Child Protective Services; (9) Support re-instituting recycling grant funding; and (10) Seek funding for various County projects and programs.  He stated the Legislative Delegation will be meeting in the BCC Chambers during the morning of September 6, 2001. 

     Chairman Van Der Weide stated he would like adoption of a new $2.00 a day upfront surcharge for the car rental surcharge and reallocation of the existing surcharge.  He stated he would like to see the wording changed with more emphasis on the new surcharge. 

     Mr. Lee explained for Commissioner Maloy what issues have been reviewed relating to the Code Enforcement Legislation and the definition of nuisance.  He also briefly discussed the enclave definition in the annexation Statute.

     Commissioner Maloy stated he doesn’t see that there will be any support from the Legislature relating to the extra $2.00 surcharge and he doesn’t think it is worth the effort of obtaining support.

     Commissioner Henley stated he feels this isn’t something that will be accomplished overnight and it may take two to three years to complete. 

     Commissioner Morris stated he doesn’t think the State should have the authority to control this area.  He stated he feels the County should have the right to control their own destiny in the matter. 

COUNTY MANAGER’S CONSENT AGENDA

     Commissioner Maloy stated he received a letter from Mr. Weinberg requesting that the Leukemia/Lymphoma Society be considered as another charitable alternative (Item 4).

     Commissioner Henley stated he asked the County Manager to check and make sure that the America’s Charities does allocate monies in Seminole County. 

     Kevin Grace, County Manager, addressed the Board to state the American Charities is relatively new in Central Florida and they are adding charities all the time.  He stated they do have a number of regional charities, but most of them remain national charities.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to add the Leukemia/Lymphoma Society as a charitable giving alternative for County employees; and should the America’s Charities and American Cancer Society add this charity, then that charity will fall under the umbrella of these charities.

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

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     Greg Holcomb, Information Technology, addressed the Board to inform Commissioner Henley that staff monitors the financial stability of companies (Motorola, Inc., Item #17) when there are rumors out there indicating they are going to file bankruptcy.  He stated staff also checks into other proprietary sources that will meet their needs. 

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

County Manager

 2.  Confirm the appointment of Sally A. Sherman, as Deputy County Manager, effective September 10, 2001.

 3.  Approve County Manager’s proposed level of employee pay increases for FY 2001/2002.

 4.  Approve County Manager’s and Employee Committee’s recommendation to add America’s Charities and the American Cancer Society as charitable giving alternatives for County employees.

 

Environmental Services

Planning, Engineering and Inspections

 5.  Approve and authorize Chairman to execute the Utility Easement, as shown on page ___________, granted to Seminole County from the Seminole County School Board at Greenwood Lakes Middle School.

Solid Waste

 6.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Central Environmental Services, Incorporated.

 

Fiscal Services

Administration

 7.  Approve and authorize Chairman to execute Resolution #2001-R-143, as shown on page __________, with respect to reimbursement of costs and expenditures relating to certain capital improvements funded by the 2001 Sales Tax Bonds.

Budget

 8.  BCR #01-132 – $16,508 – Planning & Development – Building – Fund: 10400 – Development Review Fund.  Transfer is requested to replace vehicle, (Chevy Lumina, BCC#18661), which was wrecked in an accident. Requested replacement is a Ford Taurus. Insurance proceeds of $4,150 have been received.  This vehicle had been scheduled to be replaced in FY 02/03

 9.  BCR #01-133 – $67,264 – Public Works – Road Operations/Stormwater – Fund: 10101 –  Transportation Trust Fund.  An accounting adjustment is necessary to move budgeted funds to the appropriate account line for the bridge rehabilitation contract. An additional $12,000 is necessary to replace a damaged guardrail, which is not included in contract amount.

10.  BCR #01-134 – $104,000 – Administrative Services – Facilities Maintenance – Fund: 00100 – General Fund.  Transfer is requested due to increased costs caused by changed installation method for underground steamlines between the boiler room and the County Services Building. Original design called for an aboveground installation and the changed method is a direct-bury in concrete chase installation to provide maintenance-free service for a longer period.

Purchasing

11.  Award FC-1160-01/BJC, as shown on page __________, Replacement of the Steam and Condensate Lines at the County Services Building, to Westbrook Service Corporation, Orlando ($193,914.00).

12.  Award FC-1161-01/BJC, as shown on page _________, Seminole County Libraries - Water Intrusion Projects to Ruby Builder's Inc., Orlando ($114,363.00).

13.  Award FC-1162-01/BJC, as shown on page _________, Bridge Rehabilitation 2002 to CPW Enterprises d/b/a Cherokee Construction Co., Orlando ($55,264.00).

14.  Award D/B-605-00/BJC, as shown on page _________, Design-Build Services for the Seminole County Juvenile Justice Center to The Collage Companies, Lake Mary ($139,720.00 for design and pre-construction basic services).

15.  Approve Change Order #9, as shown on page _________, to FC-161-99/BJC – C.R. 427 - Phases III and IV (from S.R. 434 to U.S. 17-92) with Bergeron Land Development, Inc., Kissimmee ($86,940.00).

16.  Award BD-270-01/BJC, as shown on page _________, Window and Door Protection for three (3) designated Seminole County Public Schools to ShutterPro Hurricane Shutters, Port Orange ($222,362.76) and authorize the project for the addition of two (2) additional schools ($129,187.62).

17.  Authorize Proprietary Source Procurement and authorize the issuance of a Purchase Order for Motorola Wide Area Network Equipment for Information Services/Telecommunications to Motorola, Inc., Longwood, ($138,150.00).

 

Planning & Development

Administration

18.  Approve and authorize Chairman to execute the Second Amendment, as shown on page _________, to the Subrecipient Agreement with the Seminole County/Lake Mary Regional Chamber of Commerce to provide additional funding for down-payment assistance.

19.  Approve and authorize Chairman to execute a Covenant to Comply, as shown on page __________, with HOME Program affordability requirements on twenty multi-family housing units completed by H.A.N.D.S of Central Florida, Inc. 

20.  Approve and authorize Chairman to execute Satisfactions of Mortgages, as shown on page _________, as identified, for the households assisted under the SHIP Program’s Home Ownership Assistance Program.

21.  Approve and authorize Chairman to execute a 2nd Amendment, as shown on page _________, to the Subrecipient Agreement with the Wyman Fields Foundation to convert 20 apartment units at Moss Place to condominiums for lower income households.

22.  Approve and authorize Chairman to execute a HOME Program Funding Agreement, as shown on page _________, for rental housing development for lower income households.

23.  Approve and authorize Chairman to execute the Annual Agreement, as shown on page _________, with the Soil and Water Conservation District for FY 2000/2001.

Development Review

24.  Approve Minor Plat for the Pond Estates; property located at the northeast corner of Alison Avenue and Carlton Road, approximately one-half mile south of SR 434 (Sylvia Pond).  

25.  Approve Final Plat for the Oregon Trace Subdivision; property located on the west side of Oregon Avenue, east side of Indiana Avenue and south side of Orange Boulevard, First Orlando Development Co., Inc./Dr. Hubert Earley, Representative.

 

Public Works

Engineering

26.         Approve and authorize Chairman to execute the Joint Use Agreement, as shown on page _________, Stormwater facilities – River Oaks Reserve Commercial Tract and County Road 419 between Richland Providence Lakes, Ltd., Main Street Ltd., and Seminole County to provide for a Joint Use System (stormwater treatment pond) to accommodate the stormwater retention needs for the County Road 419, Phase I Project and the Commercial Tract. 

 

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

 

CONSTITUTIONAL OFFICERS

CLERK’S CONSENT AGENDA

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

 1.  Expenditure Approval Lists, as shown on page _________, dated July 31 and August 7 & 14, 2001; and Payroll Approval List, as shown on page __________, dated August 2, 2001.

 

 2.  Chairman to execute the following Satisfactions Of Judgment/Bail Bond Liens:

 

     Chance Wayne Henderson, #01-2718MMA - $538

     Tyesha Grant, #00-3597-CFA - $1,038

     Glynn Everette Guthrie, Jr., #00-2489-CFA - $4,938

     Ernest Cottom, Jr., #99-3907-CFA - $1,538

     Thomas Michael Green, #01003926MMA - $538

 

 3.  Chairman to execute the following Satisfactions Of Judgment/Public Defender Application Fees:

 

Pablo Anotonio Betancourt, Jr., #98004521CFA - $40

Raymond Eugene Wade, #99001765CFA - $40

 

 4.  Chairman to execute the following Satisfactions Of Judgment/Court Costs:

 

Steven E. Tacner, #94001488MMA - $55

Steven E. Tacner, #94001488MMA - $55

Ronald James Moff, #00002213CFA - $328 + interest

Victor Allen McCoy, #94000752CFA - $280 + $69.52 interest

 

 5.  Chairman to execute the following Satisfactions Of Judgment/Public Defender Liens:

 

Dewaine A. Armentrout, #01006668MM - $50

Giovanni M. Bermudez, #00002707MM - $200

Peter Bertram, Jr., #00005414MM - $200

Jade Blackstock, #01002471MM - $200

Quinn A. Blatherwick, #00007909MM - $200

David M. Brown, #98009185MM - $200

Gina P. Bryars, #01006133MM - $50

Sheldon M. Earley, #00008508MM - $200

Terry E. Fischer, Jr., #00006724MM - $200

Jeremiah T. Frank, #99007648MM - $100

Eugene Gallaher, #01003162MM - $200

Scott T. Gerry, #00011785MM - $100

     Leia L. Gilbert, #00011477MM - $200

Jose A. Gonzales, #01004830MM - $50

Manuel Eugene Gordon, #87002224CFA - $1,645

Robert V. Gusman, #01000383MM - $50

Dawn M. Huges, #95006237MM - $200

     Levi I. Johnson, #99001306CFC - $300

     Olger Kallanxhi, #01005283MM - $200

     Sanjay K. Kataria, #00002894CFA - $100

     Johnell Ketter, #K89002181CFA - $350

     Vivian Kruger, #01006628MM - $200

     William S. Loosemore, #01006608MM - $200

     Nathan Murphy, #97004201MM - $200

     Baharatesh Patel, #96003614CFB - $290

     Kalpana Baharatesh Patel, #96003614CFA - $200

     Christine T. Phillips, #93000721CFA - $200

     Robert Courtney Polhamus, #91000734CFA - $250

     Angel M. Ramirez, #00010481MM - $200

     Aaron Richardson, III, #97000439CFB - $350

     Luis G. Rodriguez, #00005514MM - $200

     Jeffrey W. Sapp, #00010043MM - $200

     Steven Schick, #00014667MM - $50

     Dennis J. Sotomayor, #00008196MM - $200

     Rick J. Thrower, #94003839MM - $200

     Veronica R. Veit, #01002221MM - $50

     Joseph M. Weishaupt, #00007519MM - $200

     Eddie J. Wells, #00011983MM - $200

     Rex T. Williams, #01005390MM - $200

     Lee F. Willman, #99004698CFA – $200

     Mark E. Wright, #01004991MM - $50

 

 6.  Approval of destruction of filmed and non-filmed records, for BCC Finance and County Commission Records, as identified.

 

 7.  Approval of BCC minutes dated July 24, 2001.

 

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

 

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

 1.  First Amendment, as shown on page _________, to Work Order #15, PS-510-97, Engineering Consulting Services Agreement.

 

 2.  Consultant Services Agreement, M-254-01, as shown on page _________.

 

 3.  Sidewalk Easement Subject to Defeasance, as shown on page _________, granted by Westbury Alaqua Inc. and Westbury Development Inc.

 

 4.  Partial Release of Mortgage (2), as shown on page _________, for Mike S. and Mary J. Singletary.

 

 5.  Partial Transfer of Road Reservation, as shown on page _________, by the Board of Trustees of the Internal Improvement Trust Fund regarding Markham Woods Road.

 

 6.  Access Easement, as shown on page _________, granted by Saint Andrews Chapel, Inc.

 

 7.  First Amendment, as shown on page _________, to Work Order #1 to PS-557-00, Construction Engineering and Inspection Services Agreement.

 

 8.  Cross Access Agreement and Grant of Easement, as shown on page __________, with the Oviedo Commerce Center, L.L.C.

 

 9.  Right-of-way Maintenance Bond, as shown on page __________, for 7-11 at Longwood-Lake Mary Road in the amount of $4,700.

 

10.  Private Road Bond, as shown on page _________, for Royal Oaks Subdivision in the amount of $39,940.

 

11.  Recorded Warranty Deed, as shown on page ________, for Westlake Plantation, as approved by the BCC on February 13, 2001.

 

12.  Copy of letter to Matt West from Attorney Lonnie Groot concerning “Request for Interpretation; Home Occupation.”

 

13.  Satisfaction of Connection Fees, as shown on page _________, for the following projects:  I-4 Industrial Park – Comfort Inn; Colonial Town Park Building 600; Dr. Altamore’s Office; West Lake Supercenter – B&J Warehouse; and Loma Vista – Mobil Center.

 

14.  Conditional Utility Agreements, as shown on page _________, for water and sewer service with Whitemark Homes, Inc.

 

15.  Conditional Utility Agreement, as shown on page _________, for water service with KSPB-Sanford, LLC.

 

16.  Customer Agreement, as shown on page _________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Duke-Weeks Realty Corporation.

 

17.  Title Opinion and Performance Bond, as shown on page _________, for Heather Glen Subdivision.

 

18.  Work Order #10, as shown on page _________, to FC-1139-00, Public Works Minor Project Construction.

 

19.  Engineering Services Agreement, PS-592-01, as shown on page _________.

 

20.  Equipment Purchase and Installation Agreement, M-249-01, as shown on page _________.

 

21.  Appraisal Services Agreement, M-251-01, as shown on page _________.

 

22.  First Amendment, as shown on page _________, to Work Order #27 to PS-543-99, Engineering Services Agreements.

 

23.  Copy of letter to the Florida Department of State advising of the County’s withdrawal from the application process for the 2002 Special Category Grant cycle.

 

24.  Work Order #7, as shown on page _________, to PS-372, Engineering Services Agreement.

 

25.  Appraisal Services Agreement, M-253-01, as shown on page _________.

 

26.  Work Order #3, as shown on page _________, to PS-573-00, Engineering Services Agreement.

 

27.  Request for bids for the sale of surplus property from the St. Johns River Water Management District.

 

28.  Work Orders #20, #21, and #22, as shown on page _________, to PS-556-00, Electrical Engineering Services Agreement.

 

29.  Work Orders #7, #8, and #9, as shown on page _________, to RFP-458-98, Tourism Development Research Consultant Agreement.

 

30.  Agreement with Florida Universal Roofing, FC-1153-01, as shown on page _________.

 

31.  Bids as follows:  FC-1161-01; FC-1162-01; RFP-4118-01; DB-607-01; FC-1160; FC-1146-A-01; and #273-01.

 

SHERIFF’S CONSENT AGENDA

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

35. Authorize expenditure of $10,000 from the Law Enforcement Trust Fund to contribute to the Commission for Florida Law Enforcement Accreditation.

36. Approve the Local Law Enforcement Block Grant Program application; and authorize Chairman to execute associated grant documents, as shown on page ________.

37. Budget Amendment Resolution #2001-R-144, as shown on page _________, $78,370 – The Sheriff’s Office has accrued $78,370 in unclaimed money.  In accordance with the provisions of Section 116.21 Florida Statutes, these funds are to be turned over to the Sheriff’s Office for use in the operating budget.

38. Budget Amendment Resolution #2001-R-145, as shown on page __________, $10,000The Sheriff’s Office has been awarded $36,034 for the Youth Referral, Education and Aftercare Counseling Program grant for the State’s fiscal year of 7/1/01 through 6/30/02. This budget amendment of $10,000 only covers expenses from 7/1/01 through 9/30/01. A subsequent amendment will be done to cover expenses for 10/1/01 through 6/30/02. There are no new positions associated with this grant.

 

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

SUPERVISOR OF ELECTIONS

     Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize Chairman to execute Memorandum of Agreement, as shown on page __________, between the Department of State and Seminole County Board of County Commissioners to provide funding for mandated voter education and poll worker recruitment/training programs for the 2002 election cycle.

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

REGULAR AGENDA

     Mr. Grace advised an add-on has been included at the end of the regular agenda and it will be Item #45A, Approval of Final PUD Master Plan for NW Oregon PUD, Ken Wright.

     David Medley, Community Services, addressed the Board to state the United Arts will be presenting an update.  He introduced Bud Brewer and Chris Jepson.

     Bud Brewer, representing United Arts, addressed the Board to submit a copy of the PowerPoint presentation (received and filed).  He stated the BCC became a trustee of United Arts of Central Florida on January 23, 2001.  He reviewed the following:   2001-2002 Payment Schedule; the proposed Grants/Allocations; Grants Approved/Budgeted; Additional Allocation; Grants Proposed as of July 2001; the Current Contribution by Seminole County; Total Confirmed and Proposed Allocations by United Arts to Seminole County Initiatives; Report on Orange County Arts & Cultural Affairs Task Force; Arts & Cultural Affairs Research; and Future Consideration as outlined in the PowerPoint presentation.  He also submitted a copy of the Orange County Arts & Cultural Affairs Task Force Booklet relating to Involvement In and Attitudes Toward the Arts Survey and Educational Research Material.

     Chris Jepson explained for Commissioner Henley the process in allocating funds and the elements that are looked at in evaluating the process.  Discussion ensued.

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     Suzy Goldman, Director of Library & Leisure Services, addressed the Board to present request to approve lighting of athletic fields at Sylvan Lake Park.  She stated the date in the first development order should be corrected to August 28, 2001.  A Facility Usage Study was performed and it indicated that during the months from October through April, that school-age children use these fields between the hours from 5:00 p.m. to 8:00 p.m.  The parents have requested that these fields be lighted for these events. 

     Upon inquiry by Commissioner Morris, Ms. Goldman advised the lights are turned off at 9:30 p.m.  She stated lighting of any additional fields will require a public hearing and all of the homeowners must be notified regarding the lighting of the additional fields.

     Commissioner McLain stated he would like to thank staff and some members of the community in taking a leadership role in trying to make sure that the park is integrated into the community without too much intrusion.  He stated he feels the homeowners have no objections to this plan.

     Commissioner Morris left the meeting at this time.

     Mr. Snyder, area resident, addressed the Board to state he is in agreement with the one field being lit. 

     Commissioner Morris reentered the meeting at this time.

     Commissioner Henley stated instead of lighting, he would much rather see the money go to purchase additional fields.  He added he does not believe this will solve the problem.

     Ms. Goldman stated the issue is lighting because of the time of day and time of year and the time the parents can get their children to practice.

     Motion by Commissioner McLain, seconded by Commissioner Morris to approve Amendment, as shown on page _________, of the Development Order for Sylvan Lake Park to allow for lighting the multipurpose/soccer fields, with the understanding that the lighting of additional fields will not exceed one per year, starting with Field D and lighting of any additional field will require notice to adjacent property owners and area homeowners associations prior to presentation to the BCC of any funding requests.

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

     Commissioner Henley voted NAY.

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     Motion by Commissioner McLain, seconded by Commissioner Morris to approve Development Order, as shown on page ________, for property addition (Fields E & F) to Sylvan Lake Park.

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

     Commissioner McLain stated any additional fields will have to come before this Board for approval and the community will have to receive notice for that meeting.

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     Kevin Fall, Planning & Development, addressed the Board to present request for an appointment to the Casselberry Community Redevelopment Agency (CRA).  He stated the Board may defer to the District Commissioner, receive nominations from all Commissioners, or appoint a candidate submitted by the City of Casselberry. 

     Chairman Van Der Weide stated he has no problem deferring to the District Commissioner.

     Commissioner Henley stated he informed staff yesterday that he feels it would be appropriate to seek additional applications for consideration by the Board and not to consider the appointment at this time. 

     Upon inquiry by Chairman Van Der Weide, the Board had no problem delaying this request in order to receive additional applications.

     Commissioner Henley stated he feels the Board should have a wider selection of appointments and he wants someone who is real interested in making their contribution to the 17-92 CRA.

     Motion by Commissioner Henley, seconded by Commissioner Maloy to continue request to make an appointment to the Casselberry CRA and to instruct Mr. Fall to come up with some additional names to be considered.

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

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     Ray Hooper, Purchasing Manager, addressed the Board to present request to approve ranking list for D/B-606-01/BJC, Design-Build Services for the Interstate 4 Overpass project; authorize negotiations and to authorize the Chairman to execute the agreement with Martin K. Eby Construction, Inc., as outlined in the agenda memorandum.  He stated the Evaluation Committee is recommending the following firms:  Martin K. Eby Construction Co.; PCL Civil Constructors; and Granite Construction Co.

     At the request of Commissioner Maloy, John Moore, Engineering, addressed the Board to display and review pictures of the proposed Trail Overpass project.  Discussion ensued between the Board and Mr. Moore relating to the safety features and the State project built across I-75.

     Motion by Commissioner Morris, seconded by Commissioner Henley to approve ranking list for D/B-606-01/BJC, Design Build Services for the Interstate 4 Overpass project; authorize negotiations and to authorize the Chairman to execute the Agreement, as shown on page __________, with Martin K. Eby Construction, Inc. (not to exceed $3,493,000).

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

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     Jerry McCollum, County Engineer, addressed the Board to request direction on whether to adopt the proposed policy or maintain existing policy of non-reimbursement to Homeowner’s Associations for maintenance of portions of the County roadway system.  He stated staff recommends that if the Board is going to look at reimbursement, then it should be under the conditions that was brought forth in June; and that is, it should be one mile, median only, and it will have to be a collector or arterial.  Staff cannot manage anything less than that. 

     Motion by Commissioner McLain, seconded by Commissioner Morris to adopt policy on reimbursement to Homeowner’s Associations for maintenance of portions of the County roadway system, with the conditions recommended by staff as follows:  (1) Roadway should be approximately one mile; (2) For medians only; and (3) Must be a major collector or arterial.

     Under discussion, Commissioner Henley stated he will not be supporting the motion as he doesn’t feel it provides protection for the citizens when you set an arbitrary limit of one mile.  He stated even if the one-mile limit was adopted, he doesn’t feel Lake Mary/Heathrow qualifies.  He said he doesn’t see what the landscape enhancement is – it is not being identified.

     Upon inquiry by Chairman Van Der Weide, Mr. McCollum advised if this policy was adopted, any existing road would meet the criteria.  He stated the cost is based on standard mowing and maintenance on a median.  He clarified that Heathrow/Lake Mary Blvd. is less than one mile and the recommendation is approximately one mile.

     Commissioner McLain stated he feels the County can be more flexible on the length.  He stated if the communities did not enhance the roadways and medians, the County would be maintaining them.  The County would be penalizing those communities wanting to enhance the medians.  The current policy is discriminatory against those communities who want to spend their money to make their community look better.

     Upon inquiry by Commissioner Maloy, Mr. McCollum advised the County has an agreement with the State DOT and they pay the County for maintenance (mowing) of the roadways.

     Commissioner Maloy stated it might be more logical to pay for the cost of the mowing.  He stated he can support $1,620 for mowing, but he has a problem with the extra $3,500. 

     Upon inquiry by Commissioner Henley, Mr. McCollum advised the reimbursement is for the maintenance of the plants in the median as well as the mowing in the median.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to amend the motion to limit the reimbursement only to the mowing cost that the County would normally expend.

     Under discussion, Commissioner Van Der Weide stated he will not support the amendment to the motion as he thinks this is an opportunity to give the citizens what’s rightfully theirs.

     Commissioner Henley stated he is in support of the amendment, but he will not be voting for the main motion.  He stated many areas of the County are constantly criticized about the lack of upkeep of the medians.  These communities are the lower-income areas and if the County is going to put money into the medians, then they need to take care of those areas as well. 

     Commissioner McLain stated he cannot support the amendment to the motion because the County is currently maintaining right-of-ways and medians with the landscaping and they are not doing anything more for the proposed segments than they would do on any other segment.  He stated he has no problem with making it more lax as far as the distance; and he feels they are doing the right thing.

     Upon inquiry by Commissioner Maloy, Mr. Moore advised the County is cutting down the number of mowings each year.  He stated the County is doing approximately 18 to 20 mowings a year. 

     Commissioner Maloy stated if the County is cutting back the maintenance of what they are trying to keep up with, and starting a new program to fund more, he has concerns with doing that and does not believe it is the appropriate time for it.

     Commissioner McLain stated he feels the low-income communities should have the same type of service as the rest of the communities. 

     Upon inquiry by Commissioner McLain, Mr. McCollum advised the level of service is the same regardless of what community they are doing.

     The Board voted upon the amendment to the motion with Districts 1 and 4 voting AYE, and Commissioners Morris, Van Der Weide and McLain voting NAY, whereupon, the amendment to the motion failed for lack of a majority vote.

     The Board then voted upon the main motion, with Districts 2, 3 and 5 voting AYE, with Commissioners Maloy and Henley voting NAY.

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     Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to execute Memorandum of Agreement, as shown on page ________, with the Florida Department of Agriculture and Consumer Services Division of Forestry relating to the Southern Pine Beetle Outbreak.

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

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     Motion by Commissioner McLain, seconded by Commissioner Henley to approve Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page _________, for NW Oregon PUD, for property located north of SR 46 and west of Oregon Avenue, Ken Wright, Shutts & Bowen, with staff recommendations.

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

COUNTY MANAGER’S BRIEFING

REDISTRICTING

     Mr. Grace requested direction with regard to commission boundary redistricting efforts; approval of determination whether the BCC and School Board Districts will share common District boundaries; and authorize a schedule of submission of proposed plans for public comment no later than September 11, 2001 and to the BCC for decision no later than September 25, 2001.  He stated he believes that Plan 4 seem to address some of the issues and concerns raised.

     Commissioner McLain stated the only concern he has with Plan 4 is he has been involved with the community north of Osceola Road, toward the Geneva area, for 8 years and he would like to continue serving that area. 

     Al Hill, GIS, addressed the Board to state he feels that issue can be worked out. 

     Commissioner Maloy stated he feels it would be simpler keeping the line south of Red Bug Road along the corridor and the south portion of the GreeneWay as District 1.  Discussion ensued.

     At the request of School Board member Sandy Robinson, Commissioner Maloy indicated on the aerial map the location of his suggestion for redistricting.

     Upon inquiry by Chairman Van Der Weide, Mr. Grace advised if staff gets direction today to proceed with the adjustments, staff will make those changes and make it available to the public on the internet.  He stated if there is a major change, staff will bring it back for the Board to review again.  He said staff is planning to bring this back for public hearing during the last meeting in September or the first meeting in October.

     Motion by Commissioner Henley, seconded by Commissioner Morris to direct staff to proceed with Redistricting Plan #4 with the adjustments in Districts 5 and 2, and also if warranted by population, a shift will be done between Districts 2 and 4 as well as the area from 2 to 1.

     Under discussion, Commissioner Morris stated he feels the map should reflect the division of Lake Jesup.

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

NAMING POLICY-PARK/TRAILS

     Ms. Goldman requested direction on the draft naming policy of parks/trails.  She stated research was done on what the adjacent counties and school boards were doing in this area.  That research was presented to the Parks and Trails Advisory Boards and both agreed to all aspects of the draft policy except for naming parks/trails after living persons.

     Commissioner McLain stated he feels there should be more criteria in Section A2.  The School Board’s policy requires residency and continued service requirements before they are eligible. 

     Commissioner Henley stated he has mixed emotions with naming a park/trail after a living person.

     Commissioner Morris stated he feels there are times when a living person should be recognized for their service to the community. 

     Commissioner McLain stated he supports staff’s recommendation, but he would want staff to come back with criteria for approval on living persons.

     Upon inquiry by Commissioner Henley, Ms. Goldman advised the criteria that the School Board has for Item 4 of Attachment A is a person to be a County resident for 20 years, contribute to the educational system for 10+ years and is of good moral character.  She stated that can be incorporated into the draft policy.

     Commissioner McLain stated he doesn’t know if the length of the time in the County needs to be anymore than the length of service. 

     Motion by Commissioner McLain, seconded by Commissioner Morris to authorize staff to establish a policy on park/trails naming policy, including in the selection process for a living person a residency requirement and length of service of 10 years.

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

7:00 P.M. PUBLIC HEARINGS

     Chairman Van Der Weide stated staff has received a request to continue Item #56, Lake Jesup Woods Large Scale Comprehensive Plan Amendment, Harling Locklin & Associates.

     District Commissioner McLain stated he would support the continuance and he would like staff to contact the area residents of the continuance.

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     The Board recessed at 12:02 p.m., reconvening at 1:40 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 Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

 

     Motion by Commissioner Henley, seconded by Commissioner Morris to authorize the filing of proofs of publication for this meeting’s scheduled public hearings. 

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

SEMINOLE COUNTY PORT AUTHORITY BUDGET

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Seminole County Port Authority Budget for FY 2001/2002, received and filed. 

     Director of Fiscal Services, Cindy Hall, addressed the Board to introduce Port Authority Director, Dennis Dolgner, and Chairman of the Board of Directors, David Lanier. 

David Lanier addressed the Board to present and discuss the proposed FY 2001/02 Budget (copy was received & filed).  He advised the proposed 2001/2002 Budget is $2,599,692.  He further advised that currently the Port is home to 53 companies, which provide 630 jobs and an annual payroll of $19.6 million.  He stated that out of respect for their long-standing relationship with the BCC, the Port Authority unanimously voted to contribute $300,000 to the General Fund of Seminole County for FY 2001/2002.  He said that earlier this month the Port Authority Board approved a five year plan that will include total build-out of the Port and eliminate all debt service with the exception of one mortgage which a tenant is responsible for.  The five year plan also includes sustaining a $300,000 contribution to Seminole County’s General Fund each year. 

     Commissioner Henley commended Mr. Lanier and SCOPA for what they have accomplished. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Seminole County Port Authority for FY 2001/2002, as described in the proof of publication. 

     Under discussion, Commissioner Maloy expressed his appreciation to the Port for their $300,000 contribution to the County.  He said he did have a problem with how the Port Director’s pay is calculated, but he has no problem with the rest of the budget. 

     Upon inquiry by Commissioner McLain, County Attorney, Robert McMillan, advised the Port Authority was created by Special Act and the BCC must approve the total budget, but cannot control line items. 

     Commissioner Henley suggested SGTV do a program on the Port. 

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

APPEAL AGAINST BOA,

AUSTIN HOMES/Sandy Bierly

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a side street setback variance to 10 feet in lieu of 25 feet for a proposed two-story residence for property located at the northeast corner of Eden Park Road and Sydney Lane, approximately 1/8 mile north of Brumley Road, Austin Homes/Sandy Bierly, received and filed. 

     Zoning Coordinator, Ginny Markley, addressed the Board to advise the property is assigned the Low Density Residential land use designation and the R-1AA (Single-family Residential) zoning classification, which requires a 25-foot side street setback.  The Board of Adjustment denied the variance based on the house being too large for the lot.  She reviewed with the Board the standards for granting a variance and advised the staff concurs with the decision of the Board of Adjustment based on the following:  (1) There are no special conditions and circumstances peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning classification; (2) The granting of the variance would confer on the Appellant special privileges that are denied to others in the same R-1AA zoning classification; (3) The hardship resulted from the actions of the Appellant.  The setback requirements were in effect at the time when the lot was platted and a house can be designed to fit within the lot dimensions and setbacks.  It is the Appellant’s choice to place a home with a side entry garage, whereas, a home with a front entry garage or a house with a different foot print configuration could fit on the lot without the necessity of a variance; and (4) The variance requested is not the minimum variance that would make possible the reasonable use of the land.  The County is not denying the Appellant the use of the land.  The Appellant could construct a smaller home or a home with a front entry garage on the lot without a variance. 

     District Commissioner Van Der Weide advised when this development came in, the Board tried to save as many trees as possible and that is why the road is curvy.  He said this is a gated community with a brick wall and that impacts this lot.  He further said that the proposed home is no larger than any of the others in the development.  He added that if the owner were to put a front entry garage on the property, a large old tree would have to be removed.  The same tree he fought to save when the street was made curvy. 

     Commissioner Morris requested staff explain to the Board of Adjustment the historical information given by the District Commissioner. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Morris, seconded by Commissioner Maloy to overturn the Board of Adjustment, thereby, granting a side street setback variance to 10 feet in lieu of 25 feet for a proposed two-story residence on property located at the northeast corner of Eden Park Road and Sydney Lane, approximately 1/8 mile north of Brumley Road, as described in the proof of publication, Austin Homes/Sandy Bierly. 

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

 

CLUB II BORROW PIT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request for setback modification for property located at the northwest corner of SR 46 and Brisson Avenue, Bishop & Buttrey, Inc., received and filed. 

     Planner, Jean Abi-Aoun, addressed the Board to advise the applicant is requesting to expand the borrow pit through the reduction of the currently approved setbacks.  Reducing the setbacks from 50 feet to 0 feet along the Roseland Park neighborhood’s eastern boundary.  He reviewed the history of the borrow pit, advising it was first approved in May 1989.  He further advised that the zero setback as requested will encompass an 18 foot access berm between the property line and the borrow pit top-of-bank.  He added that the staff does not support the request due to the proximity of single-family residential homes. 

     Ed Chesney, representing the applicant, addressed the Board to briefly discuss the request, advising the County’s Stormwater Division has indicated they have no objections to the request as long as there is a an 18 foot berm.  He added that he knows of no one in the area opposing the request. 

     Development Review Manager, Mahmoud Nadja, addressed the Board to advise his office received one phone call from an adjacent property owner in opposition to the request. 

     Angela Ashby, adjacent homeowner, addressed the Board to speak in opposition, stating there are a lot of mosquitoes coming from the pit and she is concerned with the safety of the children going onto the property because there is no fence. 

     Mr. Abi-Aoun advised in 1998, when the applicant asked for their waiver, a barbed-wire fence was required. 

     District Commissioner McLain stated he believes it is appropriate for the property owner to install a fence along that section because of the close proximity of the homes. 

     John Buttrey, applicant, addressed the Board to state there should be a fence up now.  He said it is possible the fence was knocked down, but he will make sure the fence is up.  He added that this is a small thing to him; however, the landowners are requesting this in order to get additional revenue. 

     No one else spoke in support or in opposition.

     Commissioner Morris stated this is too close to the residents’ backyards and he does not believe the Board needs to approve this. 

     District Commissioner McLain stated he supports staff’s recommendation. 

     Motion by Commissioner McLain, seconded by Commissioner Maloy to disapprove borrow pit expansion request for setback modifications for the Club II Borrow Pit, located at the northwest corner of SR 46 and Brisson Avenue, as described in the proof of publication, Bishop & Buttrey, Inc. 

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

AMENDMENT TO OCCUPATIONAL

LICENSE TAX ORDINANCE

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider an amendment to the Occupational License Tax Ordinance, received and filed. 

     Ms. Hall presented the proposed ordinance, advising the current code requires that all vending machine owners and lessees comply with 1995 legislation which required that a decal, issued by the Department of Revenue, had to be prominently affixed to the machine.  That requirement was rescinded in July 1999.  The proposed ordinance will eliminate the requirement of the decal. 

     No one spoke in support or in opposition. 

          Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt Ordinance #2001-35, as shown on page ________, amending the Occupational License Tax Ordinance, as described in the proof of publication. 

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

RECODIFICATION OF SEMINOLE COUNTY CODE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance for the recodification of the Seminole County Code, received and filed. 

     Assistant County Attorney, Steve Lee, addressed the Board to present the request. 

     Mr. McMillan advised the only thing that has been changed is the Payday Loan Ordinance, which has been repealed. 

     No one spoke in support or in opposition. 

     Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Ordinance #2001-36, as shown on page _______, for the recodification of the Seminole County Code, as described in the proof of publication. 

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

CHAIRMAN’S REPORT

 

     Chairman Van Der Weide reported that Commissioner Henley is taking care of the paving of Howard Avenue (Tripp Lerch property). 

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     The Chairman discussed the funding for Seminole Vision, advising the cities of Sanford, Longwood, Lake Mary and Casselberry have contributed $2,500 each.  Altamonte Springs, Winter Springs and Oviedo have not contributed and they have secured no private donations.  He said this is a far cry from what they used to do and it is getting to the point where the cities are dropping out as well.  He questioned the Board as to whether they want to eliminate the County’s portion of funding. 

     Commissioner Henley stated Oviedo has said their check is in the mail.  He also stated that the representative from Winter Springs was not in attendance at the last meeting.  He explained that Seminole Vision is in the process of obtaining their 501(c)3 rating so that businesses can receive credit for supporting Seminole Vision. 

     The Chairman stated that if the County’s funding is not eliminated altogether, the Board at least needs to put a matching fund requirement on it. 

     Motion by Commissioner Maloy to eliminate funding for Seminole Vision. 

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

     Motion by Commissioner Maloy to appropriate funding in the amount of $10,000 for Seminole Vision only if all cities are contributing for the upcoming year. 

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

     Commissioner McLain stated he believes the appropriate thing to do is to send a letter to Seminole Vision advising them that the County expects them to match at least 50% of the County’s contribution. 

     Commissioner Morris stated that if the cities are participating, they should be paying. 

     Chairman Van Der Weide stated that when he was involved with organizing Seminole Vision, they received $17,000 from the County, which was refunded because they raised $9,000 to $12,000 from the private sector.  Discussion ensued. 

     Motion by Commissioner McLain, seconded by Commissioner Morris to approve funding in the amount of $10,000 for Seminole Vision, with the stipulation that Seminole Vision obtain a 50% match from the private sector for the current year and a 100% match for the following year. 

     Under discussion, Commissioner Maloy stated this same discussion came up last year and Seminole Vision has gotten no private donations. 

     Districts 2, 3, 4 and 5 voted AYE. 

     Commissioner Maloy voted NAY. 

DISTRICT COMMISSIONERS’ REPORTS

 

     Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2001-R-148, as shown on page _______, commending Barbara Banks-Stone for her services on the Historical Commission. 

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

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     Commissioner Henley questioned if the County is planning on doing any testing on lakes. 

     Mr. Grace advised there is a Lakewatch Program, which is administered entirely by volunteers.  He said he will pull together some information on this and report back to the Board as a briefing item. 

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     Motion by Commissioner McLain, seconded by Commissioner Morris to appoint Sean J. Barth to the Bicycle Advisory Board. 

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

COMMITTEE REPORTS

 

     Commissioner Maloy advised Governor Bush appointed Brenda Carey to the Lynx Board. 

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     Commissioner Maloy briefly discussed the ADA Lynx bus service, advising it will cost about $40,000 to keep the service this year.  He stated, however, that costs are anticipated to increase and he will forward any information he receives to the Board. 

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     Commissioner Maloy discussed the Commuter Rail study for Apopka, which came in at $111 million.  He advised Lynx determined it was not financially feasible and they thought the numbers were way off. 

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     Upon inquiry by Commissioner Van Der Weide, Mr. Grace advised he is coordinating with the Mayors and City Managers on setting up a meeting with the single issue being transit funding and bus service. 

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     Commissioner Morris advised of the “Fly-in” to Washington, D.C.  Whereupon, Chairman Van Der Weide advised Commissioner Morris will be attending for the Board. 

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     Commissioner Henley briefly discussed the meeting he attended in Orlando for industrial recognition where 15 individuals were recognized for their work in Seminole County.  He stated that when asked why these people selected Seminole County for their businesses, they all said it was because of Seminole County Government. 

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     Commissioner McLain advised he attended the “Black Tie on the Wild Side” Zoo event last Saturday night at the Expo Center.  He reported that the Zoo is over half way to their goal of raising funds for their expansion. 

COMMUNICATIONS AND/OR REPORTS

 

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

1)              Letter dated August 17, 2001, to the Chairman from Diane Pickett, Time Warner Communications, advising of programming additions and changes effective September 25, 2001.  (cc:  County Manager, Cable Franchising Coordinator, Board)

 

2)              Copy of Memorandum dated August 17, 2001, from W. Keith Roark, Road Project Acquisition Manager, County Attorney's Office, to Susan Montgomery, Senior Staff Assistant, Stormwater, Re:  Expedited Appraisal Services - 2751 Red Bug Lake Road (Tennyson Property), Florida Realty Analysts, Inc.  (cc:  Board, Purchasing Manager, Staff Appraiser)

 

3)              Agenda for the Oviedo City Council meeting of August 20, 2001.  (cc:  Board, County Manager, Planning & Development)

 

4)              Copy of letter dated August 6, 2001, from Jamie Allan Adley to Jean Abi-Aoun, P.E., Development Review, Re:  Tranquility on the Lake.  (cc:  Board, Aaron Gorovitz)

 

5)              Letter dated August 17, 2001, from Jean Metts, Chair, Code Enforcement Board, to the Chairman, Re: Recommendations of the Code Enforcement Board.  (cc:  Code Enforcement Board Members, Marcia Fuller, Debbie Leigh, Board, County Manager, County Attorney, Planning & Development Director)

 

6)              Letter dated August 13, 2001, from Faith Jones, President, Seminole Audubon Society, Re:  Celery Avenue/SR 415 Comprehensive Plan Amendment.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

7)              Copy of letter dated August 13, 2001, from Daryl G. McLain, Commissioner District 5, to Michael Synder, Secretary, District Five, Florida Department of Transportation, Re:  Proposed Renovations to the Westbound I-4 Rest Area, East of the I-4/SR 434 Interchange.  (cc:  Board, County Manager, Director of Planning & Development, Planning Manager, County Engineer)

 

8)              Resolution from the Orlando Regional Chamber of Commerce advising of Chamber support of sales tax extension.  (cc:  Board, County Manager, Public Works)

 

9)              Letter dated August 13, 2001, from John L. Mica, Member of Congress, to the Chairman, Re:  Commuter Rail Service.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

10)         Letter dated August 15, 2001, from Roger P. Grimshaw, M.D., and Janet Grimshaw, C.P.A., to the Chairman, stating opposition to proposed Celery Avenue/SR 415 Large Scale Comprehensive Plan Amendment - BCC Meeting of August 28, 2001.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

11)         Copy of letter from J. Kevin Grace, County Manager, to Ajit Lalchandani, County Administrator, Orange County, Re:  Alafaya Trail -- Dean Road Corridor Connector Feasibility Study.  (cc:  Board, Planning & Development Director, County Engineer, Transportation Planner, W.P. Baxter, P.E., Orange County Director)

 

12)         Memorandum dated August 15, 2001, from Ginger Hoke, RLA, Principal Coordinator, Engineering Division, to the Board and County Manager, Re:  Florida Communities Trust Grant.  (cc:  Manager, Planning & Development Dept., Director of Library and Leisure Services, Director of Department of Public Works, Principal Engineer, Technical Support)

 

13)         Copy of letter dated August 12, 2001, from Rick McGee, MAI and Patricia Destein McGee, Re:  Arbor Lake Apartments, Large Scale Comprehensive Plan Amendment, Tuskawilla Road.  (cc:  Board, Planning & Development Director, Planning Manager)

 

14)         Letter from Cynthia J. Susi, Vice President, Lake Tuskawilla Homeowners Association.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

15)         Letter dated August 13, 2001, from Fanchea Begley, Stonehurst Resident, to the Chairman, Re:  Arbor Lakes Apartments, Large Scale Comprehensive Plan Amendment, Tuskawilla Road.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

16)         Letter dated August 13, 2001, from Frederic M. Schott, Attorney and Counselor at Law, to the Chairman Re:  Reconfiguration of Truck Stop/Rest Area Between Lake Mary Road and State Road 434 on Westbound I-4.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager, County Engineer, Public Works Director)

 

17)         Copies of letters dated August 14, 2001, from J. Kevin Grace, County Manager, to Tony VanDerworp, Sanford City Manager; Phil Penland, Altamonte Springs City Manager; John Litton, Lake Mary City Manager; Jack Schluckebier, Casselberry City Manager, Re:  Fixed Route Transit Services and ADA Paratransit Services.

 

18)         Letter dated August 24, 2001, from Carolina King, Corporate Manager, Human Resources, Cingular Wireless, to the Chairman Re:  WARN Act Letter Regarding Layoffs in City of Lake Mary.  (cc:  Mayor Thomas C. Greene, Board, County Manager, Human Resources)

 

19)         E-mail dated August 23, 2001, from Paul Walther, Chair, Governmental Relations Committee, Heathrow Town Advisory Council, Re:  Landscape Reimbursement Policy. (cc:  Board, County Manager, Engineering)

 

20)         E-mail dated August 25, 2001, from Cecil and Debra Livingston to the Chairman, Re:  Alafaya Dean Connector Study.   (cc:  Board, County Manager)

 

21)         Letter dated August 27, 2001, from Jay D. Jurie to the Chairman, Re:  BCC Meeting of August 28, 2001, Opposition to Item #57.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

22)         Copy of Letter dated August 23, 2001, from Jean Abi-Aoun, PE, Principal Engineer, Development Review, to Jamie Allan Adley, Re:  Tranquility at Lake Brantley.  (cc:  Board, Development Review Manager)

 

23)         Minutes of the July 26, 2001, Central Florida Regional Transportation Authority Board of Directors Meeting.

 

24)         Memorandum dated August 21, 2001, from Robert A. McMillan, County Attorney, to the Board, Re:  Settlement Procedures.  (cc:  County Manager, Administrative Services Director)

 

25)         Copies of letters from J. Kevin Grace, County Manager, to V. Eugene Williford, III, City Manager, City of Oviedo, and Ronald McLemore, City Manager, City of Winter Springs, Re:  Possible modifying and/or eliminating existing fixed route transit services and ADA paratransit services beginning in FY 2001/02.  (cc:  Board)

 

26)         Copy of letter dated August 21, 2001, from Gary L. Brender, Deputy Mayor, City of Lake Mary, to Congressman John L. Mica, Re:  New segment of the GreeneWay to Interstate 4.  (cc:  Board, County Manager, Public Works Director)

 

27)         Memorandum dated August 22, 2001, from Cindy Hall, Fiscal Services Director, to the Board Re:  Sr. Citizen Exemption.  (cc:  County Manager)

 

28)         Copy of Memorandum from Thomas Forbes, Deputy Building Official, to the County Manager, Re:  Winter Springs Addressing, with attached letter from Mr. Forbes to City Manager of Winter Springs.  (cc:  Board)

 

29)         Notice of  Hearing to be held by the Florida Public Service Commission on September 24, 2001, to consider petition by Alltel Communications, Inc. for arbitration of certain open issues in existing interconnection agreement with Bellsouth Telecommunications, Inc.  (cc:  Board, County Manager, County Attorney, I.T.)

 

30)         Letter dated August 24, 2001, from Geraldine D. Zambri, City Clerk, City of Longwood, transmitting copies of  Ordinances No. 01-1577 (annexing 1535 Kathryn Drive) and Ordinance No. 01-1582 (531 Dog Track Road) adopted by the City of Longwood on July 16, 2001.  (cc:  Planning & Development, Planning, Property Appraiser, Supervisor of Elections)

 

31)         Letter dated August 14, 2001, from Jean Michels opposing proposed land use change and rezoning of property on Hester, Myrtle & Cadillac.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

32)         E-mail dated August 22, 2001, from Martha Faggard expressing opposition to proposed rezoning of property in the Bear Creek area of Seminole County.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

33)         E-mail dated August 23, 2001, from Mark Mongeau, P.E., to the Chairman, Re:  Greenway Center.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

34)         E-mail dated August 23, 2001, from Tracy A. Beavers to the Chairman, Re:  Greenway Center.  (cc:  Board, County Manager, Planning & Development Director, Planning Manager)

 

35)         Letter dated August 15, 2001, from W. Craig Fugate, Interim Director, Division of Emergency Management, to the Chairman, advising of the selection of Seminole County to receive anticipated funding for the development of a Terrorism Annex to the Local Comprehensive Emergency Management Plan.  (cc:  Board, County Manager, Public Safety/response)

 

36)         Copy of letter dated August 15, 2001, from Darrell W. Smith, Budget Services Director, Florida Department of Revenue, to the Seminole County Property Appraiser, transmitting copy of 2001-2002 budget.  (cc:  Board, County Manager, Fiscal Services)

 

37)         Copy of letter dated August 20, 2001, from Larry J. McIntyre, Senior Administrator, Reemployment and Emergency Assistance Coordination Team, AWI, to Laverne Gosby, Corporate Director, Human Resources, Signature Meats, advising of the procedures to develop and implement plan for providing rapid response reemployment services.  (cc:  Board, County Manager, Human Resources, Gary Earl, Ronald Tibado)

 

38)         Letter from Lisa Person expressing opposition to proposed development in Bear Creek area.  (cc:  Board, County Manager, Planning and Development Director, Planning Manager)

 

39)         Letter dated August 16, 2001, from Gloria Lewis, Director, Division of Permit Data Services, St. Johns River Water Management District, to the Board Re:  Application Number 71553.  (cc:  County Manager, Administrative Services/response, County Attorney)

 

40)         Copy of letter dated August 14, 2001, from J. Kevin Grace, County Manager, to John Drago, City Administrator, City of Longwood, Re:  Possibly modifying and/or eliminating existing fixed route transit services and ADA paratransit services beginning in FY 2001/02.  (cc:  Board)

 

41)         Memorandum dated August 22, 2001, from Kathryn J. Brown, Senior Planner, One-Stop Permitting, to Sandy McCann, County Records, listing items for submissions into County Records.  (cc:  Board, County Manager, Environmental Services Director)

 

42)         Newsletter from the School Board of Seminole County.

 

43)         Agenda for the Thursday, August 16, 2001, meeting of the Seminole County Historical Commission.

 

44)         Minutes of the July 16, 2001, meeting of the Seminole County Historical Commission.

 

45)         Memorandum dated August 20, 2001, from Representative David Mealor, Chairman, Seminole County Legislative Delegation, to All Interested Parties, Re:  Seminole County Legislative Delegation Hearings.

 

46)         Letter dated August 16, 2001, from Geraldine D. Zambri, City Clerk, City of Longwood, transmitting a copy of Ordinance No. 01-1573, annexing the east side of Lake Emma Road, one-half mile north of Longwood Hills Road, adopted by the City of Longwood on July 16, 2001.  (cc:  Planning & Development, Supervisor of Elections, Property Appraiser)

 

47)         Contracts for Services, as shown on page _______, between Seminole County Parks and Recreation and Teresa C. Gosch, Daniel Jason Tucker, John Paul Lougno, Vincent Bavard, Teresa C. Gosch.

 

 

 

COUNTY MANAGER’S REPORT

 

     Mr. Grace advised one complete cycle of mosquito spraying has been done which seems to have been well received by the residents.  He also advised that he is still working with the cities to work on an emergency plan should the County have to go to a medical alert. 

     Upon inquiry by Commissioner McLain, Mr. Grace stated spraying is not done in the County parks themselves, but along the roadways around the parks. 

     Commissioner Morris stated he received a phone call from a citizen who was concerned with the way the spraying was being applied (flow rate/speed of the truck). 

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     Mr. Grace reported that the County’s credit rating has been upgraded both by Standard & Poor’s (from AA- to AA) and Moody’s Investors Services (from A1 to Aa2 for general obligation & Aa3 for upcoming bonds). 

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     The Chairman advised that Commissioner McLain has been appointed liaison to the St. Johns River Water Management District. 

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     The Board was notified that the applicant has requested a continuance for Item #56 (Lake Jesup Woods Large Scale Comprehensive Amendment & Rezone).  The staff was requested to notify interested residents. 

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     The meeting was recessed at 3:32 p.m., reconvening at 7:07 p.m., with all Commissioners and all other Officials who were present at the Opening Session, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

 

 

PUBLIC HEARINGS

TRAILS PROTECTION ORDINANCE, Continued

     Continuation from July 24, 2001, of a public hearing to consider the Trails Protection Ordinance.  Staff requests this item be continued to October 23, 2001; and request authorization for readvertisement of Ordinance.

     Motion by Commissioner Henley, seconded by Commissioner Maloy, to approve readvertising and rescheduling the public hearing to consider the Trials Protection Ordinance to October 23, 2001.

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

     Chairman Van Der Weide went out of the order of the agenda to consider Item #56 at this time.

LAKE JESUP WOODS AMENDMENT

AND REZONE/Harling Locklin

& Associates

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Lake Jesup Woods Large Scale Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling District); property located south of Myrtle Street and east of Hester Avenue, Harling Locklin & Associates, received and filed.

     No one spoke in support or in opposition.

     Speaker Request Forms and one Written Comment Form were received and filed.

     Motion by Commissioner McLain, seconded by Commissioner Morris, to continue to September 25, 2001 at 7:00 p.m., or as soon thereafter as possible, the public hearing to consider the Lake Jesup Woods Large Scale Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling District); property located south of Myrtle Street and east of Hester Avenue, Harling Locklin & Associates.

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

APPEAL AGAINST BOARD OF ADJUSTMENT

Mark Williams

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal against the Board of Adjustment in approving a Special Exception for Edward L. Johnson, to permit a 200-foot high telecommunication tower (monopole), a rear yard setback variance abutting a road right-of-way from 50 feet to 30 feet, a separation variance from property with an existing mobile home to 22.2 feet in lieu of 600 feet (west), and from property with a Low Density Residential land use to 111 feet in lieu of 600 feet (south); property located on the north side of Michigan Street and southwest of the GreeneWay, Mark Williams, received and filed.

     Amanda Smith, Planner, addressed the Board to state staff believes the aesthetic impacts that a 200-foot monopole tower would impose on the surrounding residential uses would be too great, out of character and incompatible with the existing development in the area.  Staff also believes the planned landscaping would not be adequate to mitigate the visual impacts from the cellular tower to the adjacent residential properties.  She said staff finds that the cell tower is inconsistent with the Comprehensive Plan, which strives to protect existing and future residential neighborhoods from any potential adverse impacts a tower could impose.  The staff is recommending that the decision of the Board of Adjustment be overturned and the special exception be denied.

     Upon inquiry by Commissioner Morris, Ms. Smith corrected the record that the vote was 4 to 1 by the Board of Adjustment, with Mr. Bushri giving the dissenting vote.

     Edward L. Johnson, Jr., representing Mr. & Mrs. James Hammond, addressed the Board to review what is currently in the area.  He referred to the current zoning map (copy received and filed).  He said the subject property is located between a meat packing plant and the GreeneWay, and the toll booths are to the north.  He identified each criteria for granting a special exception and explained why he thinks the requests meet the criteria.  He read the criteria for variances and stated Mr. Hammond owned five acres that were taken by the GreeneWay and part of a larger piece of property was taken to form a cul-de-sac for the school buses to turn around.  What he is left with is a triangular shape piece of property, 9700 square feet in size.  He said they have looked at everything they could possibly do with the property and there is no other usage.  They concluded the best use was a cell tower location.  They feel for the Board to deny the request would put a hardship on Mr. & Mrs. Hammond as they are left holding the bag after the takings.  He said this is an ideal location for a cell tower and it is something needed for a growing community.   They feel it is not intrusive. 

     James Russell Hammond, 348 E. Evergreen, addressed the Board to state he and his wife own the property.  He explained they had five acres and the GreeneWay took it and they were left with this approximate quarter of an acre.  He said he was told the property is too small to build a house on it, so they are stuck with the property. 

     Upon inquiry by Commissioner Morris, Mr. Hammond stated the Expressway Authority said they did not need the other piece of property that was not taken.

     Upon inquiry by Commissioner McLain, Ms. Smith advised there is a provision in the Land Development Code that, because of a right-of-way taking, property can be reduced in size and still be used for purposes to build a home.  She said Mr. Hammond would just need to pull a building permit.

     Ben Tucker, 120 Trafalga Place, addressed the Board to state he submitted to the Board a letter (copy received and filed) from Rohn Industries, manufacturer of the cell tower, explaining the fall zone.  Mr. Tucker said he has asked Rohn to design a tower to the height of 196 feet with a fall zone for the tower to fall and collapse within itself to a radius of 50 feet. 

     Mr. Tucker reported that a State source has said there are no known documented cases of an endangered species building a nest on a monopole tower in the State of Florida.  He also reported the locations of other examples of towers near residences.  He stated nothing could be done without approval from the FAA and FCC.

     Attorney David Tegeler, representing Mr. & Mrs. Williams, addressed the Board to state if the variance is granted, it would allow the tower to be constructed only 93 feet from the Williams’ home.  He showed a site plan prepared by the developer, the triangular property and rectangular property with Mr. & Mrs. Williams’ current mobile home.  He explained that the Williamses have saved for seven years and are now ready to build their dream home.  He showed a photograph (received and filed) of a cell tower in Chuluota that is the approximate distance from a structure such as the distance proposed to be for this tower from the Williamses’ mobile home.  He also showed a picture (received and filed) of what the cell tower would typically look like.  He further showed a photograph (received and filed) of the home the Williamses were planning to build on their lot.  Attorney Tegeler stated it is crucial to recognize the stated intent of the Land Development Code to protect homeowners from the incompatible use of cell towers on land adjacent to their homes.  The requirement of a 300% setback was created solely to provide large buffered areas between homes and cell towers.  He quoted from Section 30.1362 that this Board’s finding of fact states “the placement of communication towers in less than optimal locations where inadequate consideration is being given to sound land use planning and principals may cause detriment to the citizens of the County.”  He said the proposed cell tower would cause detriment to Mr. & Mrs. Williams’ home value and their property rights.  He further quoted the Board’s goals and objectives with regard to the construction of cell towers.

     Attorney Tegeler showed an aerial (copy received and filed) with drawing of a 200-foot radius and 60-foot radius from the proposed cell tower location.  He further showed what he feels would be the fall zone from the tower.  If the tower fell to the northwest, it would hit the pavement of the GreeneWay.  He said if the tower were to fall, it is obvious that the Williams’ home would be crushed and the occupants likely killed.  He advised that the majority of the property owners on Michigan Street have signed petitions against this cell tower.  He believes 11 signed petitions have already been provided to the Commissioners.

     Attorney Tegeler showed another aerial (received and filed) with a two-mile radius drawn from the proposed cell tower.  He pointed out that the runways from the Sanford Airport are just beyond the two-mile range.  He said there is some possibility that the tower could interfere with the plans to put an instrument rating system on the north-south runway of the Airport.  He stated the bottom line is that the proposed site is too small for a cell tower.  There are plenty of larger sites where a cell tower could be built without damaging the homeowners.  A letter with attachments from Attorney Tegeler was received and filed.

Mr. McMillan reported that staff is interpreting the Code to mean if the applicant had a lot size prior to a taking, he could still build on it and the minimum lot size provisions would not apply, but all other Code requirements must be met.

Ms. Smith advised the applicant would have to go before the Board of Adjustment for a setback variance.

Henry Schumacher, 19 Stonegate S., addressed the Board to state he and his sister, Ann Esterson, own property south and east of the site.  He said he feels when 90% of a structure could fall off its property lot, that is too tight. 

Ann Esterson, 1235 Myrtle Street, addressed the Board to state she, her husband and brother are very much in opposition to a tower in this location.  They own lots directly to the south that are 111 feet from the proposed tower.  They also own 130 acres directly to the east on the other side of the GreeneWay.  She explained that they had their property changed from the land use designation to Low Density Residential so that when the time came for development, they would have the land use in place.  She said this land use has a rating of one to four units per acre.  She said to them, it is beyond reasonable understanding why anyone would consider putting a 200-foot tower only 22.2 feet and 111 feet from residential land use and a residence.  Considering personal safety, it would be hard to consider constructing a building or home within 22 feet or even 90 feet of a 200-foot tower.  She said it is evident, in this application for the tower in this location, that it is not compatible with the zoning regulations and Code of Seminole County.  She said for the safety of the residents, the Code requires a setback that is three times the height from adjacent residential properties.  Also the Code requires that if the tower is not set back at 300% (600 feet required in this instance), it must be lighted with dual mode lighting.  She said they have grave concerns for the safety of the Williamses and anyone who would build on their property to the south.  She reviewed the history of tornadoes and hurricanes in the area.  She also stated her concern about the cell tower attracting birds.  She said the Beltway had to be moved 700 feet to the west to avoid an eagle’s nest.  She asked the Commissioners to consider the financial detriment the tower would have on the adjacent property.  She addressed the comments by Mr. Tucker.  She said the construction of the tower would set precedence for placement of towers in residential locations in the future. 

Commissioner McLain advised Mr. Grace that he thinks the area of the Code needs to be addressed that requires the dual lighting for a cell tower.  He said he understands if the tower would be at the height that FAA would require the dual lighting.

Chairman Van Der Weide advised of one Written Comment Form (received and filed) from Eric Esterson in opposition to the tower.

Mr. Tucker gave rebuttal comments to those made by Mrs. Esterson and Attorney Tegeler.

Attorney Tegeler also gave rebuttal comments.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

District Commissioner McLain stated he agrees that cell towers are a necessary evil at this time as far as technology is concerned; however, he has never seen the Board approve one 22 feet from a residential property. 

Motion by Commissioner McLain, seconded by Commissioner Morris, to overturn the Appeal against the Board of Adjustment and deny a Special Exception for Edward L. Johnson to permit a 200-foot high telecommunication tower (monopole), a rear yard setback variance abutting a road right-of-way from 50 feet to 30 feet, a separation variance from property with an existing mobile home to 22.2 feet in lieu of 600 feet (west), and from property with a Low Density Residential land use to 111 feet in lieu of 600 feet (south); property located on the north side of Michigan Street and southwest of the GreeneWay; as described in the proof of publication, Mark Williams.

Under discussion, Commissioner Morris stated the real issue goes to the Code.  He said there is residential housing all along the Beltway, and on the new extension, there is residential housing.  He said the Code, Section 30.1364, is crystal clear for a 300% separation.  Another issue is the property value of the adjoining properties to the west and south.  There is a perceived diminution of the ability to put residential housing that close to a cell tower.  He said the Board fought to try to keep the cell towers with reasonable buffers so they are a reasonable distance away from residential areas.  The Board turned down several requests for this exact reason.

Commissioner Henley stated when they have a Code that is as expressive as the County has, it would be a far stretch to approve this.  He would not want a tower that close to his house and he doubts if the applicant would want one that close to this house.  He said he can’t support the motion as much as his heart would love to do so.  He said the Board amended the Code to be sure that there be co-hosts on the towers to ensure there are a minimum number of towers required in the County.

Commissioner Maloy said he thinks staff should do whatever they can to assist Mr. Hammond to use his property.  He thinks it is a hardship as it is not something they can do a whole lot with.  He said perhaps the staff and District Commissioner can meet with Mr. Hammond to explore other possibilities for use of the property.

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

Chairman Van Der Weide recessed the meeting at 8:23 p.m. and reconvened at 8:40 p.m.

PLAN AMENDMENT AND REZONE

Vince Leffler

 

     Proof of publication, as shown on page_______, calling for a public hearing to consider Large Scale Comprehensive Plan Amendment from Suburban Estates and Commercial to Industrial; and Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PUD (Planned Unit Development); property described as approximately 34.5 acres, located on the northeast corner of Beardall Avenue and SR 46, Vince Leffler, received and filed.

     District Commissioner McLain stated he met with the applicant regarding concerns he and the staff had, and the presentation tonight is a new one that the applicant brought forth.

     Ms. Smith stated this item continues the Fall 2001 Large Scale Land Use Amendment Cycle that began August 14, and staff will continue with additional amendments on September 11. 

     Ms. Smith advised the Planning & Zoning Commission heard this item as a request from Suburban Estates and Industrial to rezone from C-1 and A-1 to M-1 and C-3.  The LPA denied the request and as a result, the applicant came back with the request in the Agenda packet.  Since the August 1 LPA meeting, staff has met diligently with the applicant to revise the site plan so that all parties involved are amenable to the proposed plan.  She showed the proposed changes by the applicant and explained the change to just include M-1A uses on the north portion of the property, with M-1 uses still remaining but limited to five acres.  Also, the applicant has agreed that the C-1 currently existing with the site plan will remain, because staff does not want to have any strip development along the SR 46 corridor.  She said the staff has concluded that C-3 uses could remain, but behind the C-1 so that no M-1A, C-3, or M-1 uses would front on SR 46.  She advised that the applicant agreed if outside storage is proposed along Beardall Avenue, it would have screening.  She identified the prohibited uses the applicant proposed and staff agreed upon.  Ms. Smith advised of additional conditions to those already given in the staff report.

     Upon inquiry by Commissioner McLain, Ms. Smith stated staff would recommend the condition that since Beardall is a substandard road, the traffic by industrial uses would be too intense, and staff would recommend the traffic going south to the 46 entrance and not have a traffic pattern to Celery Avenue.

     Ms. Smith advised staff is recommending approval of the proposed land use amendment from Commercial and Suburban Estates to Industrial, and approval of the PUD as proposed tonight with the conditions given.

     Cindy Matheny, Planner, addressed the Board to state for landscaping, the Board might want to suggest that the applicant explore the use of reclaimed water available in the area from the City of Sanford.

     Upon inquiry by Commissioner McLain, Ms. Smith pointed out on a map of the subject property, the industrial in the area to the east and west, with some commercial uses interspersed.  She also showed industrial to the north.

     Ron Henson, Design Service Group, 362-A Grant Street, representing Mr. Leffler, addressed the Board to state they are in agreement with the 12 staff recommendations, with #2 and #3 modified.

Upon inquiry by Commissioner McLain, Mr. Henson said he has no objections with the development order restricting traffic going north on Beardall Avenue.  He said their truck traffic would mainly be on SR 46.  He believes the applicant would have no problem with this restriction on the development. 

Mr. Henson said with respect to irrigation and the amount of planting required by staff, he said on the berm, it is extensive and would be expensive.  It would have to be irrigated for some amount of time and the method set up for that maintenance is being made.

     Becky Mizzell, Celery Avenue, addressed the Board to state she would like to see sidewalks on SR 46 and Beardall.  She said coming from Osteen down SR 415, a lot of people turn onto Celery Avenue and come through Beardall and that could present a problem.  She asked if there would be septic tanks or a sewage treatment center on this property; what would the M-1 zone include.

     Commissioner McLain answered that the applicant has agreed to the restriction that there would be no adult entertainment and the site plan would require sidewalks on SR 46 and Beardall.  He said it would be difficult to restrict the traffic from cutting through on Celery Avenue from SR 415, but the development order could require that the people who use this site would have to use the SR 46 Interchange in and out of the development.

     Ms. Smith answered that the development would be on the central sewage system with the City of Sanford.

     Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve rezoning from A-1 (Agriculture) and C-1 (Retail Commercial) to PUD (Planned Unit Development), based on the staff findings and notes to be added on the amount of acreage for each use, the prohibitive uses under M-1, and the issue concerning the traffic circulator plan; and approve transmitting to the Department of Community Affairs the Plan Amendment from Suburban Estates and Commercial to Industrial; property described as approximately 34.5 acres, located on the northeast corner of Beardall Avenue and SR 46; as described in the proof of publication, Vince Leffler.

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

PLAN AMENDMENT/Seminole County

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Administrative Large Scale Comprehensive Plan Amendment from Suburban Estates to Low Density Residential within Section One, located on the north and south sides of Celery Avenue from the Sanford city limits on the west to a point west of Cameron Avenue and Section Two from Suburban Estates to Mixed Development, located south of Celery Avenue between Chickasaw Drive and a point 700 feet west of Cameron Avenue, Seminole County, received and filed.

     Commissioner McLain advised he currently owns approximately 40 acres along Celery Avenue and currently reside at 3500 Celery Avenue, which is his permanent residence, and he is planning on building a home on the 40 acres.  He advised he has completed a Form 8B, Memorandum of Voting Conflict, as shown on page_______, and will not be voting on this issue.  He is free to discuss the issue, per the advice of the County Attorney.

     Matt West, Planning Manager, addressed the Board to state the history behind this request.  He explained one reason staff is bringing this forth now is because the timing is there for the infrastructure.  When this started, staff held a community workshop at the Midway Elementary School and an LPA workshop and discussed the future of this area.  Prior to that, staff was preparing and studying this area because they knew they would be doing a major overhaul of the Comprehensive Plan and wanted to determine if there were any areas of the County to be considered for an administrative amendment.  This was just one of the special area studies conducted and it is being brought forth now as staff is attempting to complete the major overhaul of the Comp Plan.  He stated in the workshops with the residents, almost all who spoke were in opposition to any change.  The residents who came to the workshop said they don’t want anything more than one unit per acre.  He thinks a lot of the residents don’t know that in 1991 the City of Sanford and County agreed that this property could develop as Low Density Residential.  He thinks it’s time to set the record straight and give constructive notice to anyone purchasing or owning property in this area that they are in the urban service area, there is intent to serve the area with urban services, and the County’s and City’s intent for the last 10 years has been to allow this to develop and annex into the City of Sanford and develop as single family residential.  He advised the issue of annexations was raised at the LPA hearing held a month ago.  He explained that some of the properties have already agreed to voluntarily annex into the City of Sanford in exchange for utilities. 

Mr. West showed the #2 area property and said the owner had requested from Sanford and the County to use some of this property for boat storage, etc. that would support the marina on the north side of Celery Avenue.  The City and County staffs discussed what they wanted to do with that property because the Interlocal Agreement did not address the uses of the #2 area other than Low Density Residential (LDR).  He said this was another reason to address the total area with the update of the Comp Plan.  Mr. West said staff is recommending this #2 area be designated as Mixed Use at this point because they don’t know what uses would go there, but as they get closer to SR 415, the uses could be more intense than LDR.  Staff is recommending the Area #1 as LDR, which is in compliance with the Interlocal Agreement with the City of Sanford 10 years ago.  He stated the trade-off is that by the County amending the property, the City of Sanford is going to enter into an amended interlocal agreement to cap their density at four dwelling units per acre rather than the six units per acre allowed by their Comp Plan. 

     Mr. West further advised that the Public Works Department has been working with the Internal Improvement Trust Fund and Department of Environmental Protection to see what uses the County could derive from the University of Florida Agricultural Station (now closed) property on Celery Avenue.  He submitted a draft Agenda Memorandum (received and filed) from Mark Flomerfelt regarding the potential uses for the 60 acres.  He said, upon Board direction, he would delete these agricultural properties from this request if the Board decides to transmit this Plan Amendment to DCA, since there is no point as staff is in extensive discussions with DEP to use this for stormwater purposes and possibly other public uses. 

Mr. West stated the Local Planning Agency recommended denial of this amendment and denial of transmittal to DCA.  He thinks some of that was his fault in not communicating well enough with the LPA.  He said staff is recommending transmittal of the amendment to DCA.  A second public hearing will be held in December. 

Under discussion with Mr. West of areas to the west of Cameron Avenue and east up to SR 415 that were not included in the LDR or mixed use, Commissioner McLain said it seems to him that Cameron Avenue should be the natural boundary for LDR and the mixed used should be to the east of Cameron Ave.

Mr. West noted that there is a text language change with this amendment that would require anyone rezoning within unincorporated Seminole County to more than one unit per acre to hook up to water and sewer, in order to not have septic tanks in this area.

Commissioners Morris and Henley discussed the annexation issue with Mr. McMillan.

Jay Marder, City of Sanford Director of Engineering and Planning, addressed the Board to state this is a major area they are looking to bring up to upscale single-family homes.  He submitted a memorandum (copy received and filed) to the Board regarding the City of Sanford’s support of the amendment and the City’s commitment to the area.

During discussion, Commissioner McLain said he thinks it would be important that they not grandfather those lots that would have more density than in Low Density Residential.  He asked Mr. Marder to work with the staff on this issue.  He said he would want the Board to address the old plat owned by the Meriwether family when this comes back for changes to a joint planning agreement.

Larry Dale, 3400 Celery Avenue, addressed the Board to state for three years he worked with the City of Sanford and County to help establish what they hope to become an upscale residential area for Sanford.  He said Sanford needs upscale residential homes and this is one of the few areas available. This is the ultimate in regional, cooperative planning with the County and City working together to establish an urban service area.  This plan has been in the works for ten years, and Sanford has worked hard to implement that plan.  A lot of money has gone into the plan for the infrastructure and the planning element in the City’s and County’s Comp Plans.  The Board would be bringing their Comp Plan into compliance with the Interlocal Joint Planning Agreement, the Urban Services Agreement and Utility Agreement that have been in place for ten years.  He said nobody is being forced to annex into the City of Sanford.  He said if they don’t have this plan, there will continue to be a hodge-podge of zoning.  This was done ten years ago to smooth out the zoning so there wouldn’t be those infringements.  He said he and his family have put their income and assets on the line that this plan will work.

Kenneth McIntosh, 961 Powhatan Drive, representing several ownerships and interests in this matter, addressed the Board to state he is the current secretary/treasurer and Board member of the Indian Mound Water Association and can tell any history with reference to water.  He is also a member of the active Celery Avenue Homeowners and Property Owners Association.  He said he lives six feet from the east property designation of Area Zone #1 and have raised four children and invested his money at this site.  He also owns 10 acres of property on Cameron Avenue in Zone #2 and he is one of four owners of all 54 acres of property.  He is speaking for Christa Anders, Alan and Brenda Hooks, and himself regarding Zone #2.  He explained he is raising cattle and chickens in Zone #2 and sees no need to change anything in this area.  He gave the history of the water service in this area and said it was not made available by the City of Sanford.  He advised the Indian Mound Water Association entered into a Water User Agreement with Sanford in 1968.  He explained that water had been made available along Celery Avenue from the City of Sanford hook-up to the Agricultural Experiment Station.  He gave the history of the Indian Mound water system and said from 1987 to 1993 the Indian Mound Water Association bought water from the City of Sanford, installed and maintained the lines, and paid the water bills.  He said this is not a situation where a city has come into an urban district and provided water lines for people to hook up to.  He advised that in 1993, the Association concluded they no longer needed to be customers, and the City of Sanford said they wanted to take over their water service and eliminate the people having to pay individual bills to the Indian Mound Water Service.  At that point, they turned the entire Indian Mound Water Service over to Sanford and they have maintained and operated it, and it did not cost the City anything.  Mr. McIntosh related events that occurred on September 24, 1987, with the City of Sanford regarding looping their lines with the Auto Auction.  He stated at that time, the City told them none of their properties would ever be annexed unless they voluntarily committed to annexation; and if any new customers came on the system after this time, they would have to execute a petition for annexation.  Since that time, there have been 11 new customers who executed petitions for annexation. 

Mr. McIntosh discussed the Joint Planning Agreement and said there is nothing that alters the State law with reference to involuntary annexation and contiguity.  He said they have been told repeatedly that if anyone tries to annex them into the City of Sanford, the County would fight it.  He said the dignity of that agreement should be maintained.  He advised that at the meeting at Midway Elementary School, 376 of them opposed the change and only one person, a land developer from Lake Mary, favored the amendment.  He stated they prepared written input to Mr. West (at his request) regarding what they wanted in that area and there has been no reaction, response or contact from that.  He said the timing is not right for this change.  The traffic Mr. West talked about is not generated from the area but comes over SR 415 and down Celery Avenue going into the City of Sanford.  Mr. McIntosh said they want to protect the area they have invested their money and lives in.  Those responsible to them from the County staff did not listen to them at the Midway workshop meeting or at the Land Planning Agency meeting on August 1, 2001.  He discussed why this area should remain in the Comp Plan as Suburban Estates, describing the traffic.  He stated when there is an impact accident, they are in a terrible mess on Celery Avenue.  Regarding drainage, if there is a four to six-inch rain, Celery Avenue is inundated with water as deep as 12 inches in front of some sites.  He said there is a problem with drainage along Brisson, Sipes, and Beardall.  He said this is an environmentally sensitive area, and there are wetlands located in Zone #2.  He advised of birds, wildlife, an active eagle’s nest, and manatees that have been seen in the subject area.

He gave his solution that they do not want to be annexed to the City of Sanford; the Large Scale Comp Plan Amendment should be denied; this rural enclave should be protected from the land speculators; only platted areas in Section #1 are subject to Low Density Residential uses; Suburban Estates to LDR from any area east of Brisson Avenue would be inappropriate; and the development of any platted areas at the corner of Cameron and Celery Avenue should be protected by existing County regulations, giving attention to the size of the lots.

Commissioner McLain left the meeting at this time.

Attorney McIntosh said mixed uses are not needed in Section #2, as there are already mixed uses in force.  This area should not be included in any change to LDR.  He requested the Board to support the unanimous opposition by the LPA/Planning and Zoning Commission and transmittal to DCA be denied.  He said the citizens most affected in this area have not been communicated to with reference to anything going on.  They disagree that a 60-foot lot is appropriate for this area. 

Commissioner McLain reentered the meeting at this time.

Marguerite Terwilleger, 4020 Chickasaw Drive, addressed the Board to state she is the granddaughter of General J. C. Hutchison, who Mr. McIntosh talked about earlier, and she is living in the home he built in 1927.  She said there was an owl nest in her yard, and it is a very unique area.  She said they are not saying don’t develop at all in Area #1, but she believes it will develop as Suburban Estates.

LuCindy Russell, 107 Cresent Boulevard, addressed the Board to state in the zoning plan for all the houses, she is not seeing the plan for a fire department, more police protection, or schools.  She asked where are all the kids going to go, and why is the planning not done for that.

Chairman Van Der Weide suggested Ms. Russell contact the School Board and Sheriff’s Department on these issues.  He said he will note her as opposed to the amendment.

Becky Mizzell, 2790 Celery Avenue, addressed the Board to state her plans for her front yard, but said she has been delayed because the County has not closed up the well that sits in front of her driveway.  Whereupon, Commissioner McLain directed Mr. Grace to immediately address this well.

Ms. Mizzell stated Celery Avenue is a narrow, long road and the traffic is very bad.  She talked about the added number of children there would be to catch the school buses.  She said she could not phantom that many children trying to catch buses and that many not having schools and recreation.  She said this is an historical area and should be left looking historical for its preservation.  With the wetlands, this site will not take a lot of septic tanks and there would have to be some type of treatment center.  She said to put that many people in that small an area will only compact the problems.

Doreen Freeman, 705 Mellonville Avenue, addressed the Board to state the City is basing the improvements on the passage of the one-cent sales tax.  She asked if that fails, who is going to be responsible for funding the road improvements, and if not the City, will the County take on that responsibility.  She said this road can’t take much more traffic.

Commissioner McLain answered that any concurrency questions would have to be covered by the property owners who wanted to develop their property.

Jack Hoyt, 1024 Pearl Tree Road, addressed the Board to state he is interested in what his grandchildren’s future is going to be living in Seminole County.  What he sees is that almost 100% of the citizens do not favor changing the Comp Plan to increase densities from one unit per acre to four or five units.  He asked why is Seminole County pushing an area this hard with the future objective of annexing to the City of Sanford.  Apparently, there is great pressure being brought on the Commission and County staff to rezone to permit development.  He said the elected officials should reflect the will of the people and he does not find the will of people being satisfactorily considered.  He said he hopes the Commissioners will listen to the will of the people.

Chairman Van Der Weide advised he had two Written Comment Forms in opposition from Bob Bugnacki and Joe Hunt (received and filed).

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Discussion ensued by the Board.  Commissioner Henley said he thinks the County possibly needs to back off and involve the citizens and see if they can come up with something everybody can live with.  He thinks they may be moving a little too fast, and he would be reluctant to transmit something tonight.

Commissioner Maloy said he thinks this is premature.  He thinks the growth will come.  He has some concerns about the infrastructure that need to be addressed.  He thinks it is premature to transmit this to DCA, so he will not support the amendment.

Motion by Commissioner Maloy, seconded by Commissioner Henley, to not transmit the Administrative Plan Amendment from Suburban Estates to Low Density Residential within Section One, located on the north and south sides of Celery Avenue from the Sanford city limits on the west to a point west of Cameron Avenue; and Section Two from Suburban Estates to Mixed Development, located south of Celery Avenue between Chickasaw Drive and a point 700 feet west of Cameron Avenue; as described in the proof of publication, Seminole County.

Under discussion, Commissioner Morris said Mr. McIntosh has said that no one is talking to the homeowners.  He said he fears the future actions by the City of Sanford.  The reason he supported originally moving forward with the study was because of what they are seeing happening on a very large scale.  He referred to the white area next to Section One on the map and said that is a very large annexation.  He said the people may be united today, but in the future, their heirs may have different ideas and annexations might occur, and “helter-skelter” may occur to the planning and that is what worries him.  Also, it also worries him that Sanford’s six units to an acre is significantly worse than four units to an acre.  He said he believes they need to continue the discussions with the citizens so they can come to understand the nature of a breakdown in annexations that is not going to occur, but is now occurring.  There is nothing that is going to stop that.  He said it also concerns him that the people believe the County is growing at an ever-faster rate, and that is not true.  He stated the growth rate is now half what it was in the 1980’s.  He said properties like this are still attractive with a slower growth rate because there is a limited amount of property left.  He said nothing is going to stop that, because that’s economics.  He asked the motion makers to include continuing the special area study with additional meetings with the property owners so they can understand what is happening.

Commissioner Henley said the reason he hesitated to move forward at this time was because Mr. McIntosh stated it’s been over a year and there had been no communication with them and when there was a meeting, they were ignored.  He agreed they need to sit down with the property owners and City of Sanford and see if they can accomplish what everybody is wanting; that is to protect the area and maintain some semblance of the lifestyle presently there.  He said he was not opposed to continue to talk.

Upon inquiry by Chairman Van Der Weide, Mr. McMillan advised the motion before the Board is not to transmit and what happens after that is up to the Board.  He said there are no restrictions on continuing discussions.

Commissioner Maloy said he doesn’t think this needs to be a part of the motion, but an issue that can stand on its own.  If there’s a desire to hold community meetings, that is a district issue.

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

Commissioner McLain abstained from voting.

Commissioner Morris asked for consensus by the Board to direct staff to continue community meetings and discussions regarding the Special Area Study.

Chairman Van Der Weide stated he thinks Commissioner Morris has the consensus of the Board on this direction.

Whereupon, Commissioner Maloy said he senses a lot of frustration from the citizens and there needs a lot better communication for any future meetings.  He doesn’t want this to be an exercise in futility. 

Whereupon, Commissioner Morris withdrew his idea for consensus on direction.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:23 p.m., this same date.

 

ATTEST:______________________Clerk_____________________Chairman

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