The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:10 a.m. on Tuesday, September 22, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)(Late)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy (District 1)

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

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Vice Chairman Adams announced that Chairman Morris will be a few minutes late. The first item is the Billboard Ordinance Status but since two Commissioners were not present, this item was delayed until a full Board was in attendance.

Vice Chairman Adams advised there are add-ons to the Agenda as Items #27, 28, and 29 (later corrected in the Record to Items #28, 29, and 30 due to a typographical error in numbering of the Agenda items).

Commissioner Van Der Weide entered the meeting at this time.

Commissioner Maloy requested that Item #28, Release of pre-approved funding for International Council of Central Florida,

and #29, Cooperative Agreement with Sanford Airport Authority for Foreign Trade Zone, be pulled for a separate vote.

Vice Chairman Adams reviewed the add-on items stating that Item #30 is for Extension of the 1998 Tax Roll.

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

28. Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve and authorize Chairman to execute Agreement, as shown on page __________, authorizing the payment of $10,000 to the International Council of Central Florida (ICCF) for the service contract period of October 1, 1997 through September 30, 1998.

Districts 3, 4, and 5 voted AYE.

Commissioner Maloy voted NAY.

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29. Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Agreement, as shown on page __________, authorizing the payment of $10,750 to the Sanford Airport Authority for the County’s portion of costs incurred to date in the Foreign Trade Zone application.

Districts 3, 4, and 5 voted AYE.

Commissioner Maloy voted NAY.

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

County Engineer, Jerry McCollum, addressed the Board to review the history leading to the Appeal of Denial of Application for Right-of-Way Use Permit by Florida Power Corporation (FPC) for Chapman Road (from State Road 426 to State Road 434). The request is to grant FPC’s appeal to allow relocation of Utility Distribution Facilities and the addition of Transmission Facilities on the Chapman Road Corridor.

Mr. McCollum stated the road handles a little over 11,000 vehicles and four-laning is for sometime in the future, although staff is acquiring right-of-way at this time. He said the proposal is to replace 40’ poles with 80’ poles and put in new transmission service. The reasons for denial are that staff felt the location of the poles could be moved as some were too close to the right-of-way. Secondly, the Board has had a concern about the transmission lines in this corridor. He said FPC has modified their plans with the poles as far away as they could be. The letter from FPC states there has been a lot of growth and they have not had a lot of grid system in the area. FPC has expressed their concern that for the ability to serve the customers without any long outages, they would need to be served by putting in this transmission line.

Upon inquiry by Commissioner McLain, Mr. McCollum stated when burying the transmission lines was discussed with Florida Power Corporation, they said it would cost more money to do so.

County Attorney, Robert McMillan, and DCM Cindy Coto advised Commissioner McLain that at the budget sessions last year, the Board indicated they were not interested in pursuing charging a franchise fee or rent for use of the County’s right-of-ways.

Commissioner McLain asked the power company to explain why they do not have a very proactive position on burying the lines to provide more consistent and stable power source to the community. Also, he said if the lines were buried, they would not have to worry about right-of-way.

Keith Hulbert, Area Manager of Florida Power Corporation, addressed the Board to state this is one of the fastest growing areas in the County. He said they are required to follow growth and are obligated to serve the needs of power consumption. He stated in a hurricane, undergrounding does not offer the reliability advantage that some perceive it would. When winds are over 60 mph, it will impale articles into the ground and sever the utility system.

Mr. Hulbert advised Commissioner Van Der Weide that this is a 2.9 mile project and the differential cost for undergrounding is estimated at $5.83 million, with $3.5 million of that for Chapman Road alone. Discussion ensued.

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

Mr. McCollum answered Commissioner Van Der Weide that when the costs were developed, there was nothing contemplated for undergrounding the utilities. He said he doesn’t know if the sales tax revenue can be legally used to do that.

Mr. Hulbert discussed with the Board the need for future substations and how the cost for undergrounding would be handled. Mr. Hulbert said the drive today is to lower the cost of electricity along with improving liability standards. He said undergrounding does not improve the standards or lower costs. He said FPC is indifferent to going overground or underground. He discussed with Chairman Morris that his figures were estimates for this project and did not include everything. He mentioned that a cooling system is also needed when the lines are put underground. He reiterated to Commissioner Adams that the issue is not to go underground or not; they just need to know where the differential money will come from.

Commissioner Maloy discussed with Mr. Hulbert the questions raised in a letter he received from Lutheran Haven.

Mr. Hulbert advised that the customer load growth dictates that this project must be completed by March, 1999. He said this is the best option from an engineering, land use, environmental, and liability standpoint.

Commissioner Van Der Weide stated he would not feel comfortable making a decision not knowing the cost and different possibilities of who would fund the burying of the cables and how they could meet the neighborhood concerns. He said people won’t tolerate a lot of things now that they didn’t know enough about before. He is not sure it is all the County’s responsibility for funding, and he is not sure the community would not want to participate to a degree. He thinks they need to formulate questions on this. He is hearing today that government and utility companies are going to have to start looking at these things in a different light because unless there is some movement, there is going to be an ongoing problem.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to deny the Appeal of Denial of Application for Right-of-way Use Permit by Florida Power Corporation for Chapman Road, from State Road 426 to State Road 434.

Under discussion, Commissioner Maloy stated he thinks there is a public purpose to have the redundancy in the system, especially with the growth and all the other construction. He thinks what they really need to find out is what the exact estimates are on the option of burying the lines and have that information come back to the Board with funding options where there are potential sources for the $3.5 million.

Commissioner McLain said he believes the power company should come back with an alternate plan. He thinks the Board needs to look at revenues that would be generated from fees for use of the County’s right-of-ways.

Chairman Morris stated burying a power line is a very popular thing to do. If the citizens know there is a direct fee source for what is needed, they are generally supportive. He asked the County Attorney if the motion still allows FPC to come back and answer questions by the Board.

Mr. McMillan advised the Board should deny the appeal without prejudice. Whereupon Commissioner McLain amended the motion, and Commissioner Van Der Weide concurred, to deny the appeal without prejudice.

Mr. Hulbert stated the issue is that FPC has been denied a permit that has historically been granted. He said if the Board chooses to grant this permit and following that say they want to underground it, that is o.k. He said they can do that anytime between now and when they design the project.

Commissioner McLain said he doesn’t think the Board wants to be behind in the decision on how they can bury the lines. They need to deny the appeal and sit down and get answers and make the justification whether they are going to participate in the cost of burying the lines or not. He said he wants facts, and he does not want to make decisions on a bunch of may be so’s.

Chairman Morris commended Mr. Hulbert on his representation of the Florida Power Corporation.

Upon inquiry by the Chairman, Commissioners Adams, Van Der Weide, and McLain said they want to entertain the idea of a new comprehensive plan regarding transmission services. Chairman Morris stated pending from this application, the Board needs staff to form a Policy Draft Committee to work with FPC.

Commissioner Morris said he shares the same sentiment as Commissioner Maloy that they need to go ahead and work forward.

Mr. Hulbert stated he will report back and continue his options. He said he cannot agree until he has consulted with counsel and discussed the legalities.

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

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The Board recessed at 10:47 a.m. and reconvened at 11:02 a.m., with all Commissioners in attendance with the exception of Commissioners McLain and Adams, who were late returning to the meeting.

Development Review Manager, Gil Backenstoss, addressed the Board to present request to approve a reduction to the width of a front yard landscape buffer to 10’ subject to the staff recommendation and acceptance of Development Order #98-792, Wayne Densch Distribution Center. He stated staff would not oppose a reduction to the width of a landscape buffer along the front property line to 10’ as this would enable the continuation of a 10’ wide buffer that is located within the City of Sanford. Staff, however, is recommending that the approval be conditioned upon re-evaluation of the site for the necessity of a 25’ wide buffer, should the property use or ownership change in the future.

Commissioner Adams reentered the meeting at this time.

Mr. Backenstoss explained to Commissioner Maloy the reasoning behind the condition of approval by staff and said the property owner is in concurrence.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to approve a reduction to the width of a front yard landscape buffer to 10’, for property located at the northeast corner of SR 46 and Rand Yard Road, Wayne Densch Distribution Center, subject to staff recommendation, and acceptance of Development Order #98-792, as shown on page __________.

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

Planner, Dave Schmidt, addressed the Board to present the request for approval and authorization for the Chairman to execute two contracts for sale and purchase for the acquisition of parcels totaling 6.99 acres, in the amounts of $158,000 and $105,000 to be utilized as a trailhead for the Seminole Wekiva Trail Phase II; Kirk Allen Driskill; Bobbie R. Driskill and Lucy Driskill. He showed an exhibit and pictures of the site.

Commissioner McLain reentered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve the Natural Lands acquisition and authorize the Chairman to execute two Contracts, as shown on page __________, for sale and purchase for the acquisition of parcels totaling 6.99 acres, in the amounts of $158,000 and $105,000 to be utilized as a trailhead for the Seminole Wekiva Trail Phase II; Kirk Allen Driskill; Bobbie R. Driskill and Lucy Driskill.

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

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

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

No Report.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve the Official Minutes dated August 25, September 8, and September 9, 1998.

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

Current Planning Manager, John Dwyer, addressed the Board to state Commissioner Maloy requested an update a couple of weeks ago on the status of the Billboard Ordinance. He said staff has virtually not had any communication from the billboard companies. He said many of the ones they dealt with before are sold or no longer exist, so staff does not have the contacts they had before. He stated staff has a draft ordinance for the County Attorney to review and they intend to bring that before the Board the latter part of October. This ordinance will address things such as new deadlines and specific criteria for billboard agreements.

Commissioner McLain stated he supports the staff comments on this. He thinks the Board worked very diligently with the companies and the companies need to aggressively work with the Board to move this item forward. He said it seems like it was more of a stalling tactic than a true effort to come forward with a solution for some of the billboards to come down.

Commissioner Maloy advised he received a call from Attorney Miranda Fitzgerald who said she had sent in some proposals but had not gotten a response from staff. Mr. Dwyer said in order for them to incorporate her proposals, they would have to change a lot of the things the Board directed them to do. He clarified that staff was to work with the billboard industry on establishing criteria for the billboard agreements, not for the ordinance. He said he has not had any communication from the 3M Company or Rite-media. He did receive proposals from them on the agreements but have not heard more from them on those.

Chairman Morris clarified with Mr. Dwyer that the companies have not pursued their proposals. The Chairman said they have continued delays by not working with County staff. He recommended that an ordinance be brought to the Board, due to the period for negotiations has elapsed and there has not been any good-faith negotiations with the industry. Chairman Morris further recommended it be built into the ordinance that until such agreement is reached, there will be a moratorium for any new billboard construction.

Motion by Commissioner McLain, seconded by Commissioner Adams, to follow the staff recommendation for a Billboard Ordinance with a drop-dead date and bring back a Moratorium Ordinance.

Under discussion, Commissioner Maloy said he would hate to jump to conclusions that the companies are not cooperating.

Chairman Morris stated the Board went through lengthy procedures where they set the parameters and then proposals came forward outside those parameters, so it is not a proposal.

Commissioner Van Der Weide said there is a new Board now and he thinks they should hear back from the billboard industry. He is not sure what will be the attitude of the new Commission. To move forward with no communication with the new companies, he thinks would be arrogant of the Board. Whereupon, Chairman Morris said if the new Board makes a determination to override them, they can do that.

Commissioner Adams stated new companies are very well aware of what is going on and what the market is doing. He said it is time now to make a decision for the citizens of Seminole County.

Commissioner Maloy stated he has not had a chance to talk to anyone in the sign industry and he would not want to assume the new owners were not aware of what they were getting into. He said his intentions for requesting this update was to see a copy of the draft ordinance and hear what was happening with the draft agreements, but he still has not received any major details; and that was his main goal. Whereupon, Chairman Morris stated Mr. Dwyer will make every effort to bring this item back at the first meeting in October and Commissioner Maloy will be able to talk with the companies.

Mr. McMillan clarified the direction of the Board is for staff to bring back the Billboard Ordinance for adoption and a draft Moratorium Ordinance for authority to advertise for later adoption.

Districts 2, 4, and 5 voted AYE.

Commissioners Van Der Weide and Maloy voted NAY.

Chairman Morris stated for both Items #G1(a), Appeal of Notice (Denial of Certification for Non-Compliance with County Ordinance 98-13) for Excitement Video; and #G1(b), Appeal of Notice (Denial of Certification for Non-Compliance with County Ordinance 98-13) for Bob’s Video, the attorneys have said they are in court and have asked for an extension. The County Attorney has recommended a continuance for one month to the second meeting in October. He asked staff to send a letter to the attorneys advising the date of the continuance.

Commissioner McLain stated he was only in favor of continuing these if the attorneys can show their court appearances were scheduled prior to filing their appeals. Mr. McMillan responded that staff can find out the circumstances by this afternoon.

Chairman Morris asked staff to brief the Board on what the standard procedures are for appeals, so they will know what they typically do.

Mr. McMillan advised the Board is legally better off by granting the continuance than not doing so.

Commissioners Maloy, Adams and Van Der Weide said they were in favor of the continuance for one month.

Chairman Morris said the Board could notify the attorneys in writing of their concerns for the continuance.

Commissioner McLain said in the future, when someone files an appeal such as this, let it be in writing that if the notice is not received by a certain date they will be required to have representation at the meeting to discuss why they are requesting the continuance and that will be opened at the hearing. He said the Board should have such a policy.

Chairman Morris asked staff to draft a policy on what would be the conditions, how this can be done, what activities regarding an appeal could be included, and bring this back to the Board.

The majority consensus of the Board was to continue these items to the second meeting in October (October 27, 1998).

Commissioner McLain dissented.

Mr. Dwyer asked for a time period on the moratorium for billboards and Commissioner McLain agreed to six months. The majority consensus of the Board was for six months.

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Upon inquiry by Commissioner McLain, the Board said they all received a copy of the memorandum he received from Cindy Hall, Fiscal Services Director, dated September 21, 1998, regarding Inflation Statistics. Copy of same was received and filed.

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A copy of the memorandum to the Board from County Manager, Gary Kaiser, was received and filed, which advised the morning Work Session for the Proposed Holliday Avenue Informal Petition Result has been cancelled.

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The Chairman recessed the meeting at 11:49 a.m., reconvening at 1:38 p.m., this same date with all Commissioners (with Commissioner Van Der Weide entering late) and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy Wall, who were present at the opening session.

The Invocation was given by Pastor Wayne Harvey, 1^st Baptist Church, Sanford.

Deputy County Manager, Cindy Coto, led the Pledge of Allegiance.

Commissioner Van Der Weide entered the meeting at this time.

The Chairman announced that the Appeal of the Notice for Excitement Video and the Appeal of Notice for Bob’s Video have been pulled from the agenda and continued until next month at the request of the applicants.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-199, as shown on page _______, supporting the establishment of a Clean Air Task Force to reduce air pollution in the State of Florida.

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

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Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-198, as shown on page ________, proclaiming the month of October as "Crime Prevention Month".

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

The Resolution was presented to Director Penny Fleming of the Sheriff’s Office, who expressed her appreciation.

Motion by Commissioner Adams, seconded by Commissioner Maloy to accept into the Official Record the Proofs of Publication for this meeting’s scheduled public hearings.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider a cable franchise transfer/assignment from Heathrow Land Company LP to Florida Communications Partners, LLC, received and filed.

Telecommunications Supervisor, Greg Holcomb, and Assistant County Attorney, Greg Hass, addressed the Board to advise approval of the transfer provides for continuity of management while insuring customer access to the latest technologies and expertise of an experienced multiple cable system operator. He added the consumer will see no disruption of service.

District Commissioner Morris expressed his concern with complaints with regard to the current level of service. He questioned whether this would create an improvement in the number of channels available.

Michael Underwood, General Manager for Heathrow Cable, addressed the Board to advise currently they have 50 channels and will be able to add another ten. He said they have only 1,000 customers and it is not fair to compare them with T.C.I. or Time Warner who have a much larger customer base.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Resolution #98-R-210, as shown on page ________, for the transfer/assignment of the non-exclusive franchise from Heathrow Land Company, LP to Florida Communications Partners, a joint venture being formed by Heathrow Land Company LP and Aurora Telecommunications L.L.C.

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

The Chairman introduced Vivian Zaricki, Florida Association of Counties (FAC), advising she wishes to address the Board relative to Article V funding.

Vivian Zaricki, FAC, addressed the Board to request participation by the County in the Revision 7 campaign. She stated FAC set their sights on the revision of Article V three years ago. She advised that in 1972, the citizens of the State of Florida voted for a Constitutional Amendment unifying the State court system. At that time, the citizens were told that the State would pay for that system. However, 25 years later that has not come to pass. She advised counties are spending $650 billion a year – more than the State is on the system. She stated that Revision 7 will make the State pay for those expenditures which are rightfully theirs. She said FAC will be running an aggressive educational campaign and is asking Seminole County to reconsider FAC’s request to participate (in the amount of $88,000) in the campaign. Letter and information packet from Ms. Zaricki were received and filed.

Upon inquiry by Commissioner Maloy, Ms. Zaricki advised to her knowledge, there are not any groups working for the defeat of the amendment.

Commissioner Maloy questioned how the Board would rationalize taking taxpayers’ dollars to advocate an issue that they might not be in agreement with. Whereupon, Ms. Zaricki stated she believes County Commissions are elected to represent and educate their voters; and she feels they have a responsibility to advocate on behalf of their taxpayers.

Discussion ensued with regard to the provision included in the amendment concerning appointment of judges. Wherein, Ms. Zaricki advised that the voters will have an opportunity in the year 2000 to vote on that issue. She further advised the amendment would save Seminole County $11.2 million a year.

Commissioner McLain stated he has no problem spending taxpayers’ money in order to save dollars. He said he supports the Board moving forward with the request.

Commissioner Van Der Weide stated the issue is funding, not the support of the amendment. He said he believes there is a unanimous vote to support the amendment; however, he believes where the Commission parts ways is spending taxpayers’ money to lobby the public for their support at the November election.

The Board, thereupon, recessed at 2:40 p.m., reconvening at 2:50 p.m.

Discussion ensued with regard to FAC’s request for campaign participation.

Commissioner Morris stated the County has done other educational campaigns such as with the sales tax initiative. He stated, therefore, he can support the amendment and support the backing of the campaign.

Commissioner Adams stated this is in support of "stopping the bleeding" with unfunded mandates from the State.

Commissioner Maloy reiterated his concern and problem with funding the campaign, stating this is special interest money being used in a campaign. He added he believes this process corrupts the entire campaign process and, therefore, he is opposed to it.

Motion by Commissioner Adams, seconded by Commissioner McLain to direct the County Attorney to bring back for consideration at tonight’s meeting a proposed resolution and contract with the Floridians for Fairness of Court Funding in the amount of $88,000, for the passage of Revision 7.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

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The Chairman presented request to increase the funding from $25,000 to $50,000 for the Boys & Girls Clubs of Central Florida, Inc. Information regarding same was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize increasing the funding from $25,000 to $50,000 for the Boys & Girls Clubs of Central Florida, Inc., through the appropriate process.

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

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The Chairman advised of request from WMFE to increase their funding from $40,000 to $50,000.

The Board voiced no interest in increasing the funding for WMFE.

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The Chairman advised of the need for appointment of one Commissioner and one staff person to the U.S. 17-92 Redevelopment Planning Agency (RPA).

Motion by Commissioner Adams to appoint Commissioner Daryl McLain as a member and Kevin Fall as an alternate to the U.S. 17-92 Redevelopment Agency (RPA) for terms of four years.

The Chairman called for a second to the motion three times without response, whereupon, he surrendered the gavel to the Vice Chairman for that purpose.

The motion, duly seconded, was then voted upon and carried, with Districts 2, 4 and 5 voting AYE, and Commissioners Maloy and Van Der Weide voting NAY.

The gavel was returned to the Chairman.

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

1. Identical text form letters in opposition to rezone and comprehensive plan amendment for Heathrow International Business Center PUD from: Stonebridge HOA; Racquet Club HOA; Bridgewater HOA; and Devon Green HOA.

 

2. Copy of letter dated 9/4/98 from Lonnie Groot, Deputy County Attorney, to Louis C. Pritchett re: personal injury in Montgomery Rd. road widening construction area.

 

3. Letter (with attachment) dated 8/31/98 from John P. Saboor and Jason Weeks, Central FL Sports Authority, re: July activities report.

 

4. Letter dated 9/4/98 from Lila A. Jaber, FL PSC, to Chairman Morris re: mediation of administrative dispute over proposed service area expansion for FL Water Svs. Corp. (cc: BCC, CM, DCM, Warren Wagner, Frances Chandler)

 

5. Notice of 9/10/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)

 

6. Fax dated 9/7/98 from Barbara Stiver and Richard Shaw to Chairman Morris in opposition to proposed CFG Development rezone adjacent to Aloma Woods SD. (cc: BCC, CM, DCM)

 

7. Copy of letter dated 9/4/98 from V. Eugene Williford III, Oviedo City Manager, to Ronald W. McLemore, Winter Springs City Manager, re: Oviedo Joint Planning Agreement and Interlocal Agreement on Mediation.

 

8. Seminole County press release dated 9/8/98 re: Public Decency Ordinance on November 3^rd ballot.

 

9. Letter dated 8/28/98 from James F. Orr, Convergys Corp., to Chairman Morris re: merger of MATRIXX Marketing with CBIS to form Convergys Corp.

 

10. Letter (with attachment) dated 8/5/98 from Beth W. Keenan, SJRWMD, to Chairman Morris re: tentative FY 1998/99 SJRWMD budget.

 

11. Letter (with attachment) dated 9/9/98 from Darrell Kelley, EDC of Mid-Fl, to Chairman Morris re: August activity report.

 

12. Copy of memo dated 9/8/98 from Lonnie Groot, Deputy County Attorney, to Gary Kaiser, County Manager, re: Bender Case deposition by Brian McKarski.

 

13. Notice of 9/14/98 Oviedo City Council meeting. (cc: BCC, CM, DCM)

 

14. Copy of letter (with attachment) dated 9/9/98 from Lonnie Groot, Deputy County Attorney, to Bob Guthrie, Esq., re: mediation of Battle Ridge administrative proceeding.

 

15. Copy of letter dated 9/10/98 from Gary Kaiser, County Manager, to Susan J. Leigh, FL Housing Finance Corp., re: application for funding per Governor’s Executive Order #98-195 following wild fire disaster.

 

16. Memo (with attachment) dated 9/11/98 from Fran Sullivan, Tourism Development, to Diane Merkt, Lead Aide, re: approved minutes of 9/10/98 TDC meeting.

 

17. Fax dated 9/14/98 from Dianne Kramer, Seminole County Public Schools, to BCC, Lonnie Groot, Frances Chandler, Gil Backenstoss, and Cynthia Sweet re: interlocal agreement for site of Lockwood Middle School. (Frances Chandler to respond)

 

18. Notice of FL DEP application from City of Lake Mary to lease state-owned land for stormwater retention and parking for construction of new police station. (cc: BCC, CM, DCM, Comprehensive Planning, Development Review, Stormwater)

 

19. Letter dated 9/10/98 from Wayne Chilton, Sweetwater Oaks HOA, to Chairman Morris re: creation of legal swimming and "no wake zone" areas on Lake Brantley. (cc: BCC, CM, DCM, County Attorney, Traffic Engineering, Sheriff, District Commissioner to respond)

 

20. Letter dated 9/8/98 from Peggy Powell, Black Hammock Assoc., to Chairman Morris re: Battle Ridge and DCA decision. (cc: BCC, CM, DCM, Frances Chandler, Colleen Rotella)

 

21. Letter dated 9/8/98 from Carl F. Hallberg, Jr., National Soccer for Central FL, to Chairman Morris re: U.S. Women’s National Soccer Team training at Seminole County’s Lake Sylvan Sports Center. (cc: BCC, CM, DCM, Bob Chorvat, Suzy Goldman, Mike Ertel)

 

22. Copy of letter (with attachments) dated 9/10/98 from Charles Gray, Esq., to William F. Merck II, UCF, re: bulk wholesale wastewater and reclaimed water service. (cc: BCC, CM)

 

23. Letter dated 9/4/98 from Susan J. Leigh, FL Housing Finance Corp., to Chairman Morris re: Seminole County Local Housing Assistance Plan for FY 1998/99-2000/2001. (cc: BCC, CM, DCM)

 

24. Memo (with attachments) dated 9/8/98 from John Ricco, Floridians for Fairness in Court Funding, to Chairman Morris re: absentee ballot information. (cc: BCC, CM, DCM, County Attorney)

 

25. Fax dated 9/9/98 from Michael C. Moehle to BCC re: constitutional property rights. (cc: BCC, CM, DCM)

 

26. Memo (with attachment) dated 9/8/98 from Ray Valdes, Tax Collector, to BCC re: solid waste over-distribution. (cc: BCC, CM, DCM, Solid Waste to respond)

 

27. Notice of 9/16/98 Seminole County Port Authority board meeting and agenda. (cc: BCC, CM, DCM)

 

28. Press release received 9/14/98 from Sebesta Blomberg & Dionisio, Inc. re: construction project awards. (cc: BCC, CM, DCM)

 

29. Fax dated 9/14/98 from Thomas Grimms, City of Winter Springs, to Regina Loving, SJRWMD, re: request for Town Center boundary map. (cc: BCC, CM, DCM, Comprehensive Planning)

 

30. Copy of letter dated 8/31/98 from Max A. Mogul, Compass Real Estate Mgmt., Inc., to Steve Wigel, FL DOT, re: impact on business due to road widening project for property at 565 U.S. Hwy. 17-92, Longwood. (cc: BCC, CM, DCM, Jerry McCollum to respond)

 

31. Letter dated 9/9/98 from Gloria D. Pickar, SCC, to Chairman Morris re: grant funding for Seminole Technology Business Incubation Center. (cc: BCC, CM, DCM, Bob Turk)

 

32. Notice of 10/1/98 City of Lake Mary public hearing re: variance for The Summerville at Lake Mary. (cc: BCC, CM, DCM, Development Review)

 

33. Letter dated 9/2/98 from Robert N. Lewis, Central FL Consortium of Higher Education, to Chairman Morris re: resignation from Seminole County Historical Commission. (cc: BCC, CM, DCM, Suzy Goldman, Deborah Collett)

 

34. Copies of letters from Suzy Goldman, Library & Leisure Svs. Director, in appreciation of donations to the Seminole County Public Library System to: Barbara H. Marks; Mary T. Richmond; Joyce R. Lehman; Gerald & Frances Fussell; Ruth Gaines, Woman’s Club of Sanford; Patricia T. Stenstrom; Rebecca Holmes; and the Seminole County Public Library Staff.

 

35. Letter (with attachment) dated 9/11/98 from Cindy Gennell, CALNO, to Chairman Morris re: interlocal agreement for a government/education cable television channel.

 

36. Copy of memo dated 9/9/98 from Bob Zaitooni, Traffic Engineer, to Gary Scheuring, Traffic Engineering, re: mast arm maintenance and refurbishing. (cc: BCC)

 

37. Letter dated 9/10/98 from Norman R. Wolfinger, State Attorney, to Chairman Morris re: Medical Examiner search committee. (cc: BCC)

 

38. Copy of letter dated 9/9/98 from Chairman Morris to James Orr, Convergys Corp. re: development and merger.

Commissioner Adams advised of request from the residents of the Cedar Ridge MSBU to move approximately $4,000 of capital money from General Fund back into the Paving Account for a new pump that is required for the sprinkler system.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize moving approximately $4,000 of capital money from the General Fund back into the Paving Account for the purchase of a new pump for the Cedar Ridge MSBU.

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

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Commissioner Adams briefly discussed the Gould Publication Exchange Proposal/Spring Hammock Nature Preserve/Lease 3521-A. Copy of information regarding same was received and filed.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to advise this was an action taken by the Board in 1993, and the paperwork was never completed.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt appropriate Resolution concerning the Gould Publication Exchange Proposal/Spring Hammock Nature Preserve/Lease 3521-A.

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

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Commissioner McLain reminded the Board that earlier this year they approved $5,000 for the Sanford Fourth of July Fireworks Display and due to the fires, that event was cancelled. He advised he has received a request from the Sanford Heritage Festival to use this money for this event. He said this will be the only year the County will sponsor this event. He added that he is in support of transferring the money to this event. Information regarding same was received and filed.

Chairman Morris stated every city has their own festival and he is concerned that the County will be seeing these types of requests from them. He further stated that he has no problem with holding the money so that next year’s fireworks display can be bigger.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to transfer the $5,000 allocated for the Sanford Fireworks Display to the Sanford Heritage Festival.

Districts 3 and 5 voted AYE.

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

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Commissioner McLain briefly discussed the report from Fiscal Services concerning inflation statistics, property valuation, and per capita costs for residential property taxes. Copy of report was received and filed.

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Commissioner Maloy presented request from the Oviedo VFW Post 10139 to waive permit fees for a proposed basketball court on the Post property. He advised this would be for use of area youths.

Motion by Commissioner Maloy, seconded by Commissioner McLain to authorize waiver fees in an amount not to exceed $2,000 in association with the construction of a basketball court on the Oviedo VFW Post 10139 property located in Chuluota.

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

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Commissioner Van Der Weide requested the Board reconsider the request from the Sanford Mainstreet organization to reallocate the fireworks display money to the Sanford Heritage Festival.

The Chairman surrendered the gavel to the Vice Chairman for the purpose of offering a motion.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the Sanford Mainstreet organization to reallocate the $5,000 the County gave toward this year’s Sanford Fourth of July Fireworks Display to the Sanford Heritage Festival.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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The Board, thereupon, recessed at 3:40 p.m., reconvening at 7:08 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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

Chairman Morris reviewed the Preliminary Comments as outlined in the 1998/1999 Annual Budget Book (received and filed).

Cindy Hall, Fiscal Services Director, addressed the Board to review the total Countywide Operating and Debt Service, Unincorporated-Special Districts tentative millage rates as outlined on page 3 of the Annual Budget Book. She stated based on the tentative millage rates, the tentative aggregate millage rate, exclusive of voted debt service millage, is 6.5248 which represents a 3.4% increase over the aggregate rolled-back millage rate of 6.3116. The total budget is $378,929,728. She said there are two primary changes, one is for personal services. This is a continued conversion process with October 1 as the anniversary date and that compensation plan will be implemented by pinpointing the exact salary levels. This is a one-time conversion and it will be closely monitored. This will change the amount in the General Fund to $367,259. She stated the other change was shifting money from the Lynx budget over to the 17-92 project in the amount of $477,803.

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Ms. Hall clarified that Item #7, Budget Amendment Request in the amount of $110,000, under the Consent Agenda, that was approved this morning should read General Fund and not Fire Rescue Fund.

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Ms. Hall advised the proposed Millage Resolution includes the adjustment for Cedar Ridge funding in the amount of $3,973 as a transfer from the MSBU fund going into the General Fund. The Floridians for Fairness in Court funding that was approved this afternoon in the amount of $88,000 has not been included in the budget, and it will not affect any line item figures. Other changes that will be incorporated into the budget is participation in the Casselberry’s CRA in the amount of $36,665 and that does not affect any bottom line figures. Those adjustments will be made and the General Fund’s reserve level will amount to $2,971,328 and that equates to a reserve figure of 2.56%. In order to restore that reserve, staff is recommending that the third floor renovations be deferred and they can look at that at a later date. That will bring the reserves back up to a level of 2.99%. She referred to her memorandum (received and filed) dated September 22, 1998 relative to the following projects that are currently included in the budget: Renovation of County Attorney’s Office; Renovation of the lobby area of the County Services Building; and the Annual Report (mailout of calendar format). She submitted copies of the proposed Millage Resolution and Budget Resolution (both received and filed) for approval.

Chairman Morris welcomed all of the Judges who were in attendance.

Upon inquiry by Commissioner McLain, Ms. Hall briefed the Board on her memorandum (not received and filed) relative to a report on taxes paid by residential and by commercial businesses.

Commissioner McLain stated he feels the report shows that the business community is paying a greater share of the tax burden and the homeowner has been able to maintain the same level of contribution, therefore, the County’s economic development plan has been successful in shifting that burden from the homeowners.

Chairman Morris introduced Tom Yochum, Chairman of the Board of the Economic Development Commission (EDC).

Mr. Yochum addressed the Board to state the EDC’s former President, Dan Lynch, has left and they were fortunate to find Darrell Kelley. He stated he hopes that the EDC is acting in the best interest of Seminole County and the County is satisfied with the progress that has been made over the last few years.

Darrell Kelley addressed the Board to state the EDC has opened 44 new projects, conducted 26 prospect site tools, responded to over 1400 inquiries, and successfully completed 30 projects with a total capital investment of over $78 million. The EDC would like to pledge working with the County and others to focus on a specific market plan and to continue cultivating and developing a partnership.

Upon inquiry by Commissioner McLain relative to the ongoing progress of separating MOIAC and EDC, Mr. Kelley stated the plan is to spin out MOIAC to a separate stand-alone agency. He stated being new on the job, he would like to hold that decision at least thirty more days as there are definitive issues that need to be debated. The Board had no objections.

Sharon Carveth, 3214 Tall Tree Lane, addressed the Board to state the County has a lot to be proud of and the annual report is one way to get the message to the citizens. She stated she would urge the Board to keep the calendars in the budget.

Commissioner McLain stated he would have to agree with Ms. Carveth. He stated substantial more money is being spent for the Internet than the calendar and he is surprised that only 18% of the households in America have access to the internet. He said to overlook the majority of the households that do not have the Internet, this is a small price to pay to provide the information to the citizens.

Doreen Freeman, 705 Mellonville Ave., addressed the Board to state she would like to know if the $400,000 that is allocated for the Conference Center is incorporated in the Budget.

Ms. Hall advised staff does not have a line item to allocate that money. That will come from the Tourist Tax.

Upon inquiry by Ms. Freeman relative to the Courthouse expansion, Chairman Morris advised the County is still in negotiations with the City of Sanford and a report will be provided in the next 30 days.

Ms. Freeman stated she would encourage the Board to give Mark Platt’s alternative proposal of acquiring Sanford City Hall that was discussed in the Orlando Sentinel over the weekend.

Commissioner McLain recommended that Mr. Platt provide the information to Cindy Coto, Deputy County Manager, for her to review.

Commissioner McLain clarified that the County appointed a committee to identify a conference center. The committee recommended the site in Sanford and if that site is selected through a referendum, it will be funded through the Tourist Development tax. If the people do not pass it, a conference center will not be built on the lakefront and an alternative site will be chosen. If the City of Sanford decides not to sell City Hall, the County has other alternatives to look at.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to defer the third floor renovations of the County Services Building and to review this issue during mid-year.

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

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Commissioner Maloy stated he brought up three items during the last budget hearing relative to reducing the budget by $300,000. He stated he feels the Board can do a better job in cutting the millage further.

Upon inquiry by Commissioner Adams, Robert McMillan, County Attorney, addressed the Board to state there are major renovation problems in his office.

Cindy Coto, Deputy County Manager, addressed the Board to state she believes that the County Attorney’s space is substandard with respect to efficiency and overall utilization of space. She stated she would have to concur that the renovation is necessary.

Commissioner Van Der Weide stated he was the one who suggested that the County Attorney’s office be brought up to snuff and he would have to agree that the Board is committed to this building. He stated he feels that this building should be brought up to a level of service standards.

Upon inquiry by Commissioner Adams, Ms. Coto advised the lobby area is one of the main entrances to this building and there are no proper public signage, handicap accessible bathrooms, nor any seating areas, and staff feels that these issues need to be resolved. She added that the cost for mailing the annual report to the citizens last year was $1.19 per household.

Upon further inquiry by Commissioner Adams, Mike Ertel, Community Information Coordinator, addressed the Board to advise the target date to mail the annual report this year will be early December.

Motion by Commissioner Adams, seconded by Commissioner McLain to retain the $300,000 as defined in the budget.

Under discussion, Commissioner Maloy advised he believes this amount is already in the budget.

Chairman Morris welcomed Sheriff Don Eslinger for being in attendance.

Discussion ensued relative to providing the citizens with Internet services.

Chairman Morris stated the County provides more budget information than most governments provide and he would like to see an annual report in some form or fashion.

Commissioner Van Der Weide clarified the $300,000 is already in the budget and the Board doesn’t need to vote to retaining that amount.

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

Commissioner Maloy stated the budget has grown by several million dollars in new revenue, and he feels they can find more ways to increase the tax cut. He stated he would like these three items pulled from the budget.

Commissioner McLain stated the budget process is an important part of the Board’s responsibilities. He stated the budget work sessions are done during the summer and that is when they discuss any recommendations to change the budget or discuss any plans in trying to develop a strategy to reduce the millage. He stated he is happy to see a reduction in the millage even if it is a small amount and with the increased reserves. The Public Safety Building is being done without any tax increase and the Courthouse expansion will also be done without a tax increase. Over the last four years, the County has been able to live within their means with the population growth, and they have not required any more increases than the rate of inflation.

At the request of Chairman Morris, Ms. Hall reiterated the proposed millage rates.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-205, as shown on page ________, adopting the millage levy.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Budget Resolution #98-R-206, as shown on page ________, for all funds and recommended positions and pay bands as initially presented to the BCC by the County Manager in his official capacity as Budget Officer and subsequently amended by the BCC.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

The Chairman recessed the meeting at 8:13 p.m., reconvening at 8:20 p.m., with all Commissioners (with Commissioner McLain being late) and all other Officials, with the exception of Gary Kaiser, County Manager, who was replaced by Deputy County Manager, Cindy Coto.

Proofs of publication, as shown on page _______, calling for a public hearing to consider Seminole County Public Nudity Ordinance with effective date subject to voter referendum on November 3, 1998, received and filed.

Lonnie Groot, Deputy County Attorney, addressed the Board to state several weeks ago, a lawsuit was filed against the Supervisor of Elections by three adult entertainment establishments with regard to the petitions that were submitted. The proposed ordinance is the same as was proposed in the initial process. Memorandums dated 9/21/98 and 9/22/98 from Mr. Groot relative to the Economic Impact Statement and Effective Date Section were received and filed.

Upon inquiry by Commissioner Maloy, Mr. Groot advised that the Supervisor of Elections has not been served with the lawsuit to date.

Commissioner McLain entered the meeting at this time.

Chairman Morris stated he received a Written Comment Form from Erich Schutauf with material letters and brochures (received and filed) and he will submit same to the Board for them to review.

Mark George, 350 Piney Ridge, addressed the Board to state he is the Chairman of the Seminole County Citizens for Decency and he is anxious for the voters to vote on this ordinance. There are a number of serious concerns he would like the Board to consider tonight. He said he understands that the referendum ordinance will be placed on the November 3 ballot due to the fact the Board failed to enact the ordinance. He asked if it is necessary to take this step tonight when the status of the lawsuit is in a holding pattern. He also asked why, after so many months in dealing with this issue, is this Board willing to pass it now. He added he is not concerned with the outcome of the allegations of the lawsuit. The Supervisor of Elections has validated all of the signatures that were turned in. He reminded the Board that their attorney, Rick Nelson, is willing to defend the County, at no cost to the taxpayers in any lawsuit challenging the petition process or the enactment or enforcement of the ordinance. The adult entertainment industry will not be shy challenging anything or everything that comes down the pike. Why should this initiative petition be treated any different? He said he believes that the Board’s move tonight in avoiding litigation will create additional potential litigation should there be some errors made in this ordinance process versus the resolution that has been passed. He discussed the Charter’s 45-day lead-time requirement prior to an election and this issue being brought back after it has been voted on. He said the Citizens for Decency are not concerned with the lawsuit allegations and they would like to see it defended. He stated he is anxious to see the petition be placed on the ballot and they would like for it to be there on its own merit.

Chairman Morris clarified that the reason this issue was brought before the Board is the Supervisor of Elections asked them for legal defense money or to defend her. This does not change the work the Citizens for Decency have done in the process of collecting the petitions. All it does is guarantee that the other side will not file a lawsuit. He added this is the proper procedure to protect the citizens’ rights to have this on the ballot and prevent litigation.

William Gildart, 2205 Winnebago Trail, addressed the Board to state he believes the Board is aware that he would rather not have the adult entertainment establishments near family-oriented communities. If they can’t keep them away from the communities, then decency standards should be imposed upon them. The residents want their communities to be fine, safe and proper places to raise their children and they do not want their communities to become magnets for the attraction of these establishments. The Board had a chance to clean up this situation but has not done so. A responsible citizen’s group has had qualified legal help to prepare a proposed ordinance based upon successful experience in other areas. The Board reneged on its own chances to prepare an ordinance and now it is time to get on with the proposal that is before them now. He said he would prefer the Board approving the proposed decency ordinance and if they cannot do that, approve it subject to voter approval. He asked the Board to do their duty as representatives of the citizens by approving something and move forward on this issue.

Erich Schuttauf, 1703 North Main St., addressed the Board to state he is the Government Affairs Coordinator for the American Association for Nude Recreation. He stated the association prefers this going to the voters and they have no objections to the voters deciding this issue on November 3. There are families that enjoy the quiet and privacy of having a few friends over and there are some that are affected by this ordinance. He referred to a ¼ page ad that was placed in the Orlando Sentinel on September 20 showing Norman Rockwell’s painting of kids skinny-dipping. He said he would like the people to recognize that there is more at stake than a few businesses.

Archie Cannon, 261 Short St., addressed the Board to speak in regard to directing the County Attorney to rewrite the ordinance, nudity in the doctor’s offices, hospitals, etc., and if a bathing suit looks improper, how will the police be able to measure it. He recommended that the County Attorney write the ordinance in a simplified form so that everyone can understand it and so that they will know how to vote in November.

Upon inquiry by Commissioner Maloy, Frederick Nelson, American Liberty Institute, addressed the Board to state he can make a commitment to defend this ordinance against any challenges and that includes fees or costs. He stated it wouldn’t cost the taxpayers a single cent and he can put that in writing.

Upon inquiry by Commissioner McLain, Attorney Nelson advised he believes the strategy is to file the lawsuit and wait until there is a delayed time so there is a rush to respond. He said he believes he will assert an injunction indicating that he has a right to keep it off the ballot.

Upon further inquiry by Commissioner McLain, Attorney Nelson advised that at this time the Board has an opportunity to allow the voters to vote on this ordinance. He stated with regard to his discussions with the County Attorney’s office regarding any possible procedure errors, he would have some concerns to this as it could create additional litigation if the Board approves the ordinance.

Upon inquiry by Commissioner Adams, Attorney Nelson advised he would be happy to defend the Supervisor of Elections at no cost. He stated Mr. Peters has filed a lawsuit and he has 120 days to serve it. He added he could speculate as to why he is delaying this service.

No one else spoke in support or in opposition.

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

Commissioner Van Der Weide stated he wouldn’t be supporting the ordinance if it were enacted with additional glitches placed in it. He said he would support letting the Charter take its course and letting it go to the ballot.

Upon inquiry by Chairman Morris, Mr. Groot advised the whole goal is to eliminate the risk and avoid distracting the Supervisor of Elections when trying to conduct a General Election. He stated she did everything right regarding the petitions and signatures. The initiative procedures are complete and if the voters approve the ordinance, it will go into effect. The 45-day requirement is the Supervisor of Elections requirement to have the ballots printed prior to the election.

Upon further inquiry by Chairman Morris, Mr. Groot advised in his opinion, to avoid any possible issues, potential distraction to the Supervisor of Elections, or potential cost to expert witnesses handwriting and analysis, he would recommend enacting the ordinance with the revised provisions of Section 12 as outlined in his memoranda.

Mr. McMillan reiterated that this ordinance does not replace the ordinance that is already on the ballot.

Commissioner Maloy stated he feels that these establishments want you to be in a retreat mode, therefore, he has no problem defending the lawsuit if it is served. If the Board acts on this tonight, he can see the establishments turning around and telling the voters that voter fraud was committed and in order to get it on the ballot, the Board went a different route. He stated he would recommend defending the Supervisor of Elections and it would be fine if the Board wants to take up Mr. Nelson’s offer or another legal team. This issue is on the ballot and it will stay there until a Judge rules to take it off. The Supervisor of Elections has not been served with the lawsuit and he is not convinced that it will be filed. He added he feels that this is a scare tactic by these establishments.

Motion by Commissioner Maloy to defend the Supervisor of Elections and authorize Mr. Nelson to coordinate with the County Attorney’s office to help in that defense.

Chairman Morris stated he doesn’t know if the motion is in order as the issue before the Board is to consider the ordinance with an effective date.

Commissioner Maloy withdrew his motion.

Commissioner McLain stated he believes it is clear that the Board passed its first initial adult entertainment ordinance and they didn’t go as far as a segment of the community felt they should have. He stated he feels that the nudity ordinance is community standards that should be voted on and he is happy that they have come up with the necessary signatures. The community is asking the Board to not take any action on the ordinance and allow it to go on the November 3^rd ballot.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to deny the Seminole County Public Nudity Ordinance.

Under discussion and upon inquiry by Chairman Morris, Commissioner McLain stated he will ask the County Attorney’s office to defend the Supervisor of Elections if necessary. He stated the key issue here is the Chairman of the Citizens for Decency and his counsel, and two Board members have made it clear that they want it to stand on its own. Discussion ensued.

Commissioner McLain stated his position on this issue is based on the comments received that the Board should take a hands-off position and allow the process to move forward without further action and allow events to move forward through the ballot process.

Districts 1, 3, and 5 voted AYE.

Commissioners Morris and Adams voted NAY.

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Chairman Morris stated the Supervisor of Elections wants some defense or the County to supply money to allow her to hire her own counsel.

Motion by Commissioner Maloy to approve $5,000 for the Supervisor of Elections to defend the lawsuit, if needed.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to retain the law firm of Rick Nelson, American Liberty Institute, to offer free legal counsel to the Supervisor of Elections, with this firm to coordinate with the County Attorney’s office.

Under discussion, Commissioner McLain stated he looks to obtaining support from the community and saving the taxpayers’ money. He stated if the Board agreed to allow an attorney from one side of the issue or the other defend the County, that may bring a question to the process as to whether it will be a fair, impartial vote for the public. He said he feels that it would be better for the County Attorney to defend the Supervisor of Elections. He stated he would be happy to accept Mr. Nelson’s offer if he is willing to pay the cost of the defense.

Mr. Nelson stated he would be willing to pay expert witness as he doesn’t think it will cost more than $1,500.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

Commissioner Morris surrendered the gavel to Vice Chairman Adams and left the meeting.

Commissioner McLain left the meeting at this time.

Commissioner Maloy left the meeting at this time.

Continuation of a public hearing to consider an Appeal against the Board of Adjustment in approving for a side yard setback variance to 4 ft. in lieu of 10 ft. for a two-car garage addition for property approximately 14,973.46 sq. ft. in size; property located on the north side of Bear Lake Circle, 670 ft. west of Bear Lake Road, as described in the proof of publication, William B. Frazier.

Ginny Markley, Zoning Coordinator, addressed the Board to advise the Board of Adjustment approved a side yard setback variance for Deborah Leschot and Mr. Frazier, appellant, is the abutting property owner. She stated Mr. Frazier indicated that the basis for his appeal is that Ms. Leschot has not demonstrated any special circumstances, is not being denied reasonable use of her property and the hardship is self-created. The Board of Adjustment approved the variance based on the configuration of the lot and the location of the drainfield and wells. She reviewed the background of the request as outlined in the agenda memorandum. Staff recommended that: (1) There are no special conditions and circumstances peculiar to the land, structure, or building which are not applicable to other lands, structures, or buildings in the R-1AA Single Family Dwelling District; (2) The special conditions and circumstances are a result of the actions of the property owner, insomuch as, the original carport was enclosed and detached single carport was later erected within 1 ft. of the property line without benefit of a building permit. This structure has been removed from the property. A single car, 18-ft. wide, attached garage could be built without the necessity of a variance; (3) The granting of the variance would confer on the applicant special privileges that are denied by the Ordinance to other lands, buildings, or structures within the R-1AA Single Family Dwelling District; (4) A literal interpretation of the provisions of the Ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the R-1AA Single Family Dwelling District, under the terms of the Ordinance and would not work an unnecessary and undue hardship on the applicant. The applicant is not being denied construction of a single car garage/storage addition meeting the 10-ft. side yard setback; (5) The variance requested is not the minimum variance that will make possible the reasonable use of the land, building, or structure. Reasonable use of the land, building or structure would be a single-family residence with a single car garage addition; and (6) The grant of the variance would not be in harmony with the general intent and purpose of the ordinance and would be injurious to the neighborhood. The grant of the variance would set a precedent for other side yard setback variances for accessory structures or building additions. Therefore, staff recommends that the decision of the Board of Adjustment be overturned and the variance be denied.

Commissioner Maloy reentered the meeting at this time.

Upon inquiry by Commissioner Adams, Ms. Markley advised this issue was brought before the Board a year ago and staff is of the opinion that there were changes made during that time.

William Frazier, 5731 Bear Lake Circle, addressed the Board to state when he purchased his property, he didn’t think he would be in a zero lot line community. He stated the homes in the area are separated by at least 20 ft. and sometimes more than that. He requested the Board overturn the Board of Adjustment’s decision.

Attorney Bud Eubanks, 20 N. Orange Ave., addressed the Board to state he represents the appellant, Mr. Frazier. He stated this same matter previously came before the Board on August 26, 1997 and the variance was denied. He pointed out that Ms. Leschot acted on behalf of the property owner at that hearing as she was the prospective purchaser of the property. Even though the variance was denied at that time, Ms. Leschot went ahead and purchased the property knowing what the circumstance was. The problem is the previous owner enclosed a carport located on the east side of the property and now she wants to come over to Mr. Frazier’s side. He added he feels that this will devalue Mr. Frazier’s property value.

Commissioner McLain reentered the meeting at this time.

Attorney Eubanks stated Ms. Leschot only has one car and he doesn’t know why she wants a two-car garage. He referred to the August 26 minutes and advised if the Board would read them, it is déjà vu all over again. He said staff has recommended denial twice and he would urge the Board to deny it. He submitted copies of letters from area residents opposing the variance and the August 26, 1997 minutes (all received and filed).

Attorney Mike Jones, 301 W. Highway 434, addressed the Board to briefly speak in favor of the variance.

Deborah Leschot, 5721 Bear Lake Circle, addressed the Board to state she is here to seek approval of the variance. She reviewed the standards for granting variances. She submitted and reviewed a handout (received and filed) showing where the wells are generally located, the special conditions or circumstances that exist, the location and installation standards for onsite sewage treatment and disposal systems. She stated special conditions do not result from the actions of the applicant, as all of these conditions were preexistent prior to her purchasing the house.

Upon inquiry by Commissioner McLain, Ms. Leschot advised she was aware of the variance when she entered into the contract, but it was due to her ignorance that she did not make it contingent upon approval of the contract.

Ms. Leschot continued by displaying and reviewing a map (received and filed) of the lower portion of Bear Lake indicated by red dots of variances that have been granted in the area. She submitted a letter from John Dwyer (received and filed) confirming that those variances indicated by red dots on the maps have been granted. She also submitted eleven letters of support from her neighbors and a letter (all received and filed) from Susan Burton, Coldwell Bankers, indicating that the garage would be an improvement to her property. She submitted a copy of a definition of a neighborhood and a newsletter (received and filed) from the Bear Lake Association. She displayed and reviewed photos of a neighborhood in transition as well as a photo illustrating the front entrance of her house, two-car garage layout and showing a stake where the garage would start, which is at the back of the neighboring garage. She displayed a drawing showing what she would like her house to look like. All photos were received and filed. She reviewed 2 car garages industry standards and a drawing showing the distance between her and Mr. Frazier’s property line (all were received and filed).

Attorney Jones displayed and reviewed a picture (not received and filed) of the neighbors boat storage and driveway.

Commissioner Van Der Weide recommended moving the proposed garage back further toward the lake and shift further away from the lot line.

Ms. Leschot stated she doesn’t have the room in the back yard to do that. She stated the setback in the back yard has to be 25 ft. from the lot line. Discussion ensued.

Joanna Legg, 6181 Linneal Beach, addressed the Board to state she is in support of the variance. She stated she was granted a variance from 10 ft. to 5 ft. less than a year ago and it has increased the value of her home and it has improved the neighborhood. She added she feels that the proposed garage will enhance the neighborhood.

Irene Ouillette, 5711 Bear Lake Circle, addressed the Board to speak in support of the variance.

Kevin McKeever, 6189 Linneal Beach Drive, addressed the Board to state he has lived in the area for 8 years and he feels that this would definitely add to the neighborhood.

Attorney Jones clarified that the site plan that is in the packet was not submitted by him or Ms. Leschot.

Upon inquiry by Commissioner Maloy, Attorney Eubanks submitted and reviewed a copy of a site plan dated 5/4/98 showing Ms. Leschot’s plans. He pointed out that every condition that Ms. Leschot has mentioned are things she has created since she moved in. Attorney Eubanks stated if Ms. Leschot wants a garage, she can have a one-car garage or she can move the well. He asked the Board to give consideration to Mr. Frazier as he isn’t the one who created the problem. Discussion ensued.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Van Der Weide stated he would like to know if staff has considered the high water line as outlined in the standards that Ms. Leschot submitted.

Ms. Markley stated staff did not look at the possible relocation of the well because it will not be affected where she is proposing to build the garage.

Commissioner Van Der Weide stated he would like to know where would the well be replaced and still have the distance from the lake, septic tank and drainfield. He advised Mr. Jones is his attorney. He stated he would recommend overturning the Board of Adjustment’s decision. He said he feels what Ms. Leschot has proposed will be a beautiful addition to the neighborhood.

Motion by Commissioner Van Der Weide to overturn the Board of Adjustment, thereby denying a side yard setback variance to 4 ft. in lieu of 10 ft. for a two-car garage addition for property approximately 14,973.46 sq. ft. in size, as described in the proof of publication, William B. Frazier.

Commissioner McLain stated he recalls at the last meeting, everyone’s concern was to get the garage pushed back further. He stated Ms. Leschot indicated that it would be back further. Discussion ensued.

Commissioner Adams stated Mr. Frazier has some private property rights also and this area has certain setbacks. Discussion ensued relative to the best place to build the garage.

Commissioner Van Der Weide withdrew his motion.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to uphold the Board of Adjustment’s decision, thereby, granting a side yard variance to 4 ft. in lieu of 10 ft. for a two-car garage addition for property approximately 14,973.46 sq. ft. in size; property located on the north side of Bear Lake Circle, 670 ft. west of Bear Lake Road, as described in the proof of publication, William B. Frazier.

Districts 3 and 5 voted AYE.

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

Motion by Commissioner Maloy to overturn the Board of Adjustment, thereby denying a side yard variance to 4 ft. in lieu of 10 ft. for a two-car garage addition for property approximately 14,973.46 sq. ft. in size; property located on the north side of Bear Lake Circle, 670 ft. west of Bear Lake Road, as described in the proof of publication, William B. Frazier.

Vice Chairman Adams surrendered the gavel to Commissioner McLain for the purpose of seconding the motion.

Under discussion, Commissioner McLain stated he feels it is reasonable to allow Ms. Leschot to build a garage as she indicated why she should be granted a variance.

Upon inquiry by Commissioner Maloy, Mr. McMillan advised since the Board previously had a 2-2 vote, he would recommend that if they can’t obtain a majority vote, the Board can continue this item and then have the missing Commissioner review the record and come back at the next meeting.

Commissioner McLain stated in the past, the Board has granted variances for garages, screened porches and swimming pools, and he doesn’t see how this impacts the neighbor in a negative way. He said Ms. Leschot was in a position where she had to buy the property and she did not put herself in a position of causing this problem.

Commissioner Adams stated the Board granted variances because the adjacent neighbors did not have a problem with it. This situation is different as her neighbor is being materially impacted by this variance.

Commissioner McLain recommended that they modify the variance by making sure the garage is no more than 24 ft. x 24 ft. He stated based on the industry standards that were submitted to the Board, he would recommend giving Ms. Leschot the minimum size.

Commissioner Maloy stated he would support moving the garage 4 ft. further back than the original proposal submitted.

Upon inquiry by Ms. Markley, Commissioner McLain advised the front wall of the garage would have to be 4 ft. further back and extend 2 ft. beyond the rear wall rather than 2 ft. to the front of the wall. The depth of the garage can be no more than 24 ft.

Commissioner Maloy withdrew his motion.

The gavel was returned to Commissioner Adams.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to deny the Appeal, thereby upholding the Board of Adjustment in approving a side yard setback variance to 4 ft. in lieu of 10 ft. for a two-car garage addition for approximately 14,973.46 sq. ft. in size; property located on the north side of Bear Lake Circle, 670 ft. west of Bear Lake Road, as described in the proof of publication, William B. Frazier, with conditions as stipulated by the District Commissioner, with the garage to extend 2 ft. beyond the back corner of the house and not to be greater in depth than 24 ft.

Districts 1, 3, and 5 voted AYE.

Commissioner Adams voted NAY.

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

County Attorney, Robert McMillan left the meeting at this time.

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Wekiva Special Area Study, received and filed.

Tony Matthews, Senior Planner, addressed the Board to review the following questions: Why is the study being done; What has been done regarding the special study; What has the County done in the past to protect the character of the natural resources of the protection area; What are the predominant issues expressed by the community and what is staff’s response; and What additional steps the County is proposing to protect the character in natural resources of the area. He displayed a map of the subareas and reviewed staff recommendations as outlined in the Staff Report Booklet (received and filed). He stated staff is recommending maintaining the existing land use designations in Subarea #1 and Subarea #3. However, staff is recommending creating a special policy for these areas in order to come up with some standards to make development on those properties consistent with the Protection Act. With regard to Subarea #2, staff is recommending that the land use be maintained and to accommodate increased densities. Staff is looking at creating a plan policy that will require preservation of existing conservation land, preservation of on-site trees, maintaining stormwater on-site; and policies that would warrant future industrial uses to the vicinity of Missouri Avenue. Staff is recommending a land use change in Subarea #4 from Suburban Estates to Low Density Residential on the east side of Orange Blvd. Additional standards to the required PUD would apply to the west side. Staff is not recommending a density to this area. Also, staff feels that Office land use on the northeast corner of Orange Blvd./CR 46A would be appropriate. Staff is recommending that property along the west side of Grantline Road and SR 46 be amended to Office. This will provide a buffer to Tall Trees and residential to the west as well as a higher intensity plan developments.

Commissioner Adams referred to Subarea #4 Land Use Discussions 2a. and asked if that should read minimum of ½ acre lots. Mr. Matthews advised that is correct and he will make that correction.

Mr. Matthews continued by stating staff is recommending that the Low Density Residential and Office be amended to Higher Intensity Plan development on the east side. He said a corridor study should be conducted along SR 46, from I-4 west to the River. Staff would like to look at environmental and community concerns relative to landscaping, design, stormwater management, wildlife connections and signage. Other staff recommendations are: A joint agency study be initiated to ensure long-range protection enhancement of the Wekiva River; Identify important natural resources and greenways within the Wekiva River Protection Area (WRPA); Purchasing property between the Lower Wekiva Reserve and the Plantation/Arvida property to create a corridor; and Paving Wekiva Park Dr. to mitigate environmental impacts. Public Input Booklet regarding the Wekiva Small Area Study was received and filed.

Kevin Fall, Principal Planner, addressed the Board to state consistent with the study relative to the potential land use recommendations to a more urban intensity in this area, staff has made preliminary infrastructure estimates that would enable that type of intensity of development to go in. These will be brought back, based on the Board’s action tonight, during the Spring Cycle as a part of the CIE update. He reviewed the following improvements: roads, water & sewer, drainage and public safety. He stated the upgrading of Oregon Avenue would cost between $3 to $5 million and $8 to $10 million for Orange Blvd. He advised the estimated cost of a water and sewer system would be around $4.4 to $4.5 million. Improvements for drainage will cost around $7.7 million, and the cost for public safety will be $225,000. The capital cost of public safety will come from the developers’ impact fees. The overall total cost will be around $22 million to $27 million.

Discussion ensued between the Board and staff relative to adopting the 1998 Spring Plan Amendments and any future land use amendments.

Commissioner McLain stated he supports spending money on the joint study. A lot of money has been invested in the natural lands program along the Wekiva River and he feels that $50,000 for the study is not an unreasonable request in order to do a proper study to protect that area. Discussion ensued.

Commissioner Maloy left the meeting at this time.

Bud Feather, 129½ N. Woodward Ave., addressed the Board to request the error made in Amendment #13 of the 1987 Comp Plan be corrected from LDR to Commercial.

Commissioner Maloy reentered the meeting at this time.

Mr. Feather displayed a copy of a map and stated he would like the 3.88 acres indicated on the map to be changed to Commercial.

Commissioner Adams left the meeting at this time.

Arlen Charters, 2343 Springs Landing Blvd., addressed the Board to submit and read into the Record a letter from the Friends of the Wekiva River, Inc.

James Lee, P. O. Box 6196, addressed the Board to state he is an Environmental Scientist and he is in support of continuing the rural character of the basin. He stated he would like to encourage the Board to recommend to the P&Z to expand the Small Area Study and to investigate these issues.

Commissioner Adams reentered the meeting at this time.

Mr. Lee advised the natural rural character of the Wekiva River and the Basin is a resource investment and for this area to grow, a continued in-depth study of this area is recommended.

Charles Lee, representing the Florida Audubon Society addressed the Board to submit and review a copy of the Wekiva River Protection Act (not received and filed). He reviewed the fundamental difficulties of this study. He stated the Audubon Society has two concerns, one is the study did not track the boundaries of the specific area, and the other is the criteria applied does not track the thrust of the Act. Discussion ensued with the Board.

Sharon Carveth, 3214 Tall Tree Lane, stated the general area surrounding Astor Farms is a lot of land that is currently used as one unit on five acres. The area located to the north, northwest and west of Orange Blvd. (Subarea 2 & Subarea 3) is traditionally rural in nature. She discussed whether rural areas have a place when there is encroaching development of an intensity nature and what impact does that have on this area. She stated she would like to suggest that the Board consider that the entire area of Orange Blvd. be a dividing line between the urban services and the rural character of nature.

Hugh Harling, 850 Courtland St., addressed the Board to state he feels there are a couple of things that need to go into the transmittal of the study. He stated staff has given a definition of what type of storm would be dealt with. He said he would like the Board to amend it to say "maintain pre-development 100-year stormwater on site". He displayed a map (received and filed) showing Subarea #3 and discussed efficient delivery of County services. He said he is proposing that the density along Longwood/Markham Road to Markham Road be established at two. He added he referred to the requested land use change on Subareas #1 and #2 and advised the ability of the County to efficiently deliver services should have had a higher consideration in the study. He discussed Subarea #2 relative to Astor Farms and the utilities, road and water & sewer impact fees. He said Astor Farms will pay their own way with respect to utilities.

Sam Kendall, 510 Hermits Trail, addressed the Board to speak in opposition to transmitting the study in its present form. He stated he would like to see a wildlife provision be added to the study.

Keith Schue, 30541 Edgewood St., addressed the Board to submit his comments (received and filed) and advised he represents the Sierra Club. He said he feels that habitat and wildlife associated with the protection area should be included in the study. He added he feels that the St. Johns River and associated wetlands system connecting the Wekiva River and Lake Monroe should also be included in the study.

Chairman Morris read Elise Hulme comments as outlined on the Public Comment Form.

Bob Hattaway, 407 Prairie Lake, addressed the Board to speak with regard to Subarea #4. He read into the Record a letter (received and filed) from Richard Harris, Chairman of the Planning & Zoning Commission (P&Z), clarifying his position on Subarea #4.

Upon inquiry by Chairman Morris, Mr. Hattaway advised he would like the property contiguous to his property on Grantline be changed to HIP designation.

Chairman Morris read comments from Alice MacDowell as outlined on the Written Comment Form. Discussion ensued.

Don Cain, 226 E. Vanderbilt St., addressed the Board to state he believes everyone is in agreement that the Wekiva River should be protected. Some of the property in Seminole County is not suitable for development so it is very important to utilize the land that is suitable for development.

Commissioner Van Der Weide left the meeting at this time.

Mr. Cain stated there is land inside the Wekiva River Basin that does not affect the river. He said he would like to ask the Board to eliminate any lands that do no affect the Basin.

Allan Goldberg, 7067 Turnbull Ave., addressed the Board to state he submitted a request for a land use change on the Moore property and it was omitted. He requested the Board to direct staff to review this property and to include it in the report prior to its submittal to DCA. He stated he is requesting the land use be changed from Suburban Estates to Low Density Residential.

Mr. Matthews advised that it is included in the report, but is not shown on the map. Discussion ensued.

Commissioner Van Der Weide reentered the meeting at this time.

Jan Leibin, 457 S. Grant St., addressed the Board to speak in support of the recommendations that a study be conducted on the Wekiva River. She spoke with regard to using some of the land for some passive recreation and involving Orange County, Lake County and the St. Johns River Water Management District in the cost of the study.

Upon inquiry by Commissioner McLain, Colleen Rotella, Comprehensive Planning Manager, addressed the Board to advise it is her understanding that the Friends of the Wekiva are in favor of paving Wekiva Park Drive.

No one else spoke in support or in opposition.

Speaker and Written Comment Forms were received and filed.

Chairman Morris stated several individuals have requested amendments to the study and he feels that these should be reviewed to see if there are any objections from staff and the Board. He stated that the first amendment requested by Mr. Feathers is changing Amendment #13 from LDR to Office.

Mr. Matthews stated staff has no objections to that change.

The Board had no objections to the modification.

Chairman Morris stated the second request is Mr. Lee is objecting to how the quadrants were set up.

Ms. Rotella stated what staff could do is better delineate the quadrants and make that distinction perfectly clear before transmitted to the State. The Board had no objections.

Chairman Morris stated Mr. Harling requested the stormwater amendment be changed to pre-development standards, 100-year stormwater retained on site. Ms. Rotella advised staff has listed a number of items for which they will bring back specific criteria that will strengthen the existing code. What staff would do is get the agencies and DCA involved in regard to additional on-site provisions.

Ms. Chandler stated this is not a plan policy regulatory language and staff would like to work on this further.

Commissioner McLain recommended that staff work with Mr. Harling and the Stormwater Division on this issue. The Board had no objections.

Chairman Morris referred to another request by Mr. Harling relative to Application #1 and #2. He stated Mr. Harling is requesting that 2 units to the acre services should be considered. The Board voiced no objections.

Ms. Rotella stated the current Land Development Code does require a list of species survey relative to development coming in and staff would have no objections including wildlife and habitat in the study.

Mr. Groot stated staff can review the Wekiva Protection Act to see if there is anything that needs to be done relative to wildlife and habitat and bring it back to the Board.

The Board had no objections to include that in the study.

Chairman Morris referred to the Sierra Club’s request to expand the Wekiva River Basin study to the St. Johns River and Lake Monroe.

Ms. Rotella stated the Wekiva River is 13 miles long and the Basin is 19,000 acres and that is a tremendous undertaking and she feels staff should first focus on the main river itself.

Commissioner McLain stated he would also have to agree with staff and he would support including their recommendation of this study in there. He stated he would recommend Lake County and Orange County participate in the study. However, he said he doesn’t want to see this study abandoned because of their lack of participation.

Commissioner Van Der Weide stated he feels the County should give the staff encouragement to solicit other governmental bodies’ support.

Commissioner McLain suggested that the County contribute $25,000 towards the study.

Chairman Morris stated under joint partnership, staff can include "the County would support on-going study and make this a Legislative program". The Board had no objections.

Chairman Morris stated the next request is Item #9, (Subarea 4, 46A and Grantline Rd.), moving that entire parcel from Office to HIP.

Ms. Rotella stated the reason staff recommended that area being Office is the development of Grantline Road has been recommended as an Office corridor, and staff discourages commercial development in the corridor. She stated HIP-TI does require 25% open space requirement and with the size of the property, there is a concern about the ability to do that on property where there are commercial land uses. Discussion ensued. The Board had no objections to changing Item #9 to HIP.

Chairman Morris referred to 80 acres along the north side of Orange Avenue (Moore property) and advised staff has indicated that they want to submit this during the Spring Cycle.

Ms. Rotella stated that request did not come in when staff evaluated the properties and they feel it would be appropriate to submit it during that time.

Upon inquiry by Chairman Morris, Ms. Chandler further clarified including the Moore property in the Study.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Wekiva Special Area Study with staff recommendations and findings, as amended, with transmittal of same to the Department of Community Affairs; and authorize advertising public hearings for land use amendments as recommended in the Study.

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

Commissioner Maloy left the meeting at this time.

Continuation of a public hearing to consider Land Use Amendment from Suburban Estates to Planned Development and Associated Rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road and ¾ mile south of CR 46A, as described in the proof of publication, Shutts & Bowen.

Cindy Matheny, Senior Planner, addressed the Board to advise this is the last public hearing to consider the Large Scale Comprehensive Plan Amendments. She stated staff is recommending approval of the original plan with modifications and the Local Planning Agency recommended denial of the plan amendment and associated rezoning. At the March 10, 1998 meeting, the Board voted to transit the request with modifications including buffering and access to Banana Lake Road. The Department of Community Affairs indicated objections to the amendment based upon availability of public facilities, compatibility, and necessity for increased residential density. She stated staff prepared a response to the ORC report and feels that their response adequately addresses the concerns of the DCA. She added due to the postponement of this application, the Board would be unable to adopt the ordinance for all the amendments. The adoption of the ordinance would need to be postponed and the public hearing would need to be continued to October 13. She added the previous postponement moved this item past submittal date for the EAR, therefore plan amendments would not be adopted. Statutory changes will come before the Board in October and this will allow the Board to adopt the amendments at that time.

Commissioner Maloy reentered the meeting at this time.

Upon inquiry by Chairman Morris, Ms. Matheny advised the Board can approve the amendments, but adoption of the overall large scale amendments cannot be adopted until the October 13 meeting. Discussion ensued.

Attorney Ken Wright, representing the applicant, addressed the Board to display aerial photos and a site plan (both received and filed) and stated since the time the Planning & Zoning (P&Z) Commission failed to take action on the proposed rezoning, the P&Z voted to deny the request. He stated he has met with the District Commissioner as well as representatives of the surrounding neighbors. He said he has met with Mr. Edwards and his neighbors and they feel that the 200-ft. buffer does not offer sufficient transition between land uses of multi-family to low density residential. He stated it is their contention that the PD process is routinely used to provide and offer site design provisions, which create the compatibility. The buffer incorporating a wall, landscaping and other provisions that are within the plan does provide sufficient compatibility between the two uses. He referred to the site plan and discussed reducing the number of total apartment units from 268 to 244. That would drop the overall density from 13 units to the acre to 12.2, and it will provide an element of 11 quarter acre lots abutting property to the north. Incorporated in this plan are the elements that existed in the previous plan. In addition, stormwater, transitional uses have been incorporated in the site as well as separation from the adjacent residences to the apartment buildings. The site has been reconfigured to maximize the existing trees on the site as well as the oak trees on the western edge of the lakefront property. The ¼ acre lots are compatible with the development within the Heathrow area. He stated he would urge the Board to adopt the modified plan, which addresses the concerns of the adjoining neighbors.

Larry Stinbrink, 1355 Tadsworth Terrace, addressed the Board to state the residents have not had any contact from the applicant. He stated he represents Wemble Park residents of Heathrow and they oppose the proposed request. He submitted a Petition, as shown on page ________, from the residents in Wemble Park opposing the request. He discussed the concerns the residents have in the area.

Ed Holt, 679 Cricklewood Terr., addressed the Board to submit Petition, as shown on page ________, of 120 signatures of property owners and five neighborhood associations who are in opposition to the rezoning on Banana Lake Road. He submitted a picture (received and filed) of homes across the lake of the existing apartments.

Michael Gallagher, 1312 Chestwood Cove, addressed the Board to state he is here as Chairman of the Heathrow Town Advisory Council. He submitted his comments (not received and filed) to the Board. He discussed the impact this will have on the residents in the area, the high density, safety and traffic issues, progress in the area, and the DCA’s objections. He said he hopes the Board will consider the residents’ concerns and objections to this project.

James Purdy, 894 Lakeworth Circle, addressed the Board to submit copies of Florida Statutes 286.012, 112.311, 112.313, and 112.3143. He stated he represents the residents of Lakeside and Waters Edge at Heathrow. He referred to and read Mr. Kaiser’s response relative to net density of the project. He referred to the Statutes that were submitted and reviewed the voting requirements, declaration of policy, standards of public officers conduct, and voting conflicts.

Chairman Morris stated he feels that Mr. Purdy is out of order as this has nothing to do with this request.

Cindy Crain, 820 Banana Lake Road, addressed the Board to advise she would like to wait until after Mr. Edwards has submitted his presentation.

Chairman Morris called on Joel Ivey to submit his presentation. He stated he still has eight speakers who would like to speak on this item. The Board is not going to take action on this item as it will be continued. He requested that this item be continued until Sept. 23, 1998 at 7:00 p.m.

Mr. Groot stated another option the Board can choose is to continue this item until October 13.

Fred Edwards addressed the Board to state this continuance was not his doing and a lot of people are concerned with this issue. He said he would like the Board to vote on this issue now and not continue it.

Mr. Groot stated this item will be continued tonight because the Board cannot take action on the Plan Amendment and Rezoning Ordinance until October 13.

Mr. Edwards stated the applicant has submitted a new proposal and that needs to be considered. He stated the residents have no objections to continuing this item to October 13.

No one else spoke in support or in opposition.

Speaker Request Forms and Written Comment Forms were received and filed. The following individuals submitted Speaker Request Forms, but did not have an opportunity to speak: Joel Ivey; Janice Springfield; Wendell Springfield; Janis Ferrell; Fred Edwards; Cecelia Bonifay; Don Cain; and Hugh Harling.

Motion by Commissioner McLain, seconded by Commissioner Maloy to continue to October 13, 1998, at 7:00 p.m., Amendment from Suburban Estates to Planned Development and Associated Rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Banana Lake Road and ¾ mile south of CR 46A, as described in the proof of publication, Shutts & Bowen, with this request being first on the agenda.

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

Commissioner McLain left the meeting at this time.

Proofs of publication, as shown on page _______, calling for a public hearing to consider Evaluation and Appraisal Report for the 1991 Comprehensive Plan, received and filed.

Dick Boyer, Planner/Information Specialist, addressed the Board to present request to approve the EAR. He submitted a revised Resolution including the Wekiva Area Study and 1998 EAR recommendations. Executive Summary Booklet of the 1998 EAR of the 1991 Comprehensive Plan was received and filed.

No one spoke in support or in opposition.

Written Comment Forms from Allan Goldberg, Clarence Metzler, and Bob Bugnacki were received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-207, as shown on page ________, approving and adopting the Evaluation and Appraisal Report for the 1991 Comprehensive Plan.

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

Commissioner Adams stated he would like to amend the Resolution that was approved earlier this afternoon relative to surplus land (Gould) in the Spring Hammock Preserve. He stated this was approved earlier today under his District Commissioner report and the wording is "declaring the property as surplus" has been added to the resolution.

Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-208, as amended, as shown on page ________, supporting the exchange of subject properties by Gould and the State.

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

Mr. Groot presented a resolution supporting Article V of the Constitution and requested Board approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-209, as shown on page _________, supporting Revision 7 proposed by the Constitution Revision Commission with regard to Article V.

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

Mr. Groot presented a Contract in the amount of $88,838 to the Floridians for Fairness in Court Funding as discussed earlier this afternoon. The Board took no action on same.

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Mr. Groot submitted a copy of a response letter relative to verified complaint for Astor Farms and requested Board authorization to submit same to all the individuals who filed a complaint.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the Deputy County Attorney to transmit letters to all individuals who filed a complaint relative to Astor Farms.

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

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Mr. Groot gave a status report on Battle Ridge. He stated the City of Winter Springs refuses to mediate. He stated the Black Hammock Association has filed to intervene in the case as they feel there is a conflict with the negotiations.

Chairman Morris requested that staff bring this issue back to the Board on October 13.

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Cindy Coto, Deputy County Manager, addressed the Board to advise the Governor has declared a State of Emergency for a portion of Florida due to Hurricane Georges. She stated the only impact Central Florida will probably have is housing.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:41 a.m., Wednesday, September 23, 1998.

ATTEST_____________________Clerk_______________________Chairman

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