BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 24, 2002

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, September 24, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Daryl McLain (District 5)  

Vice Chairman Grant Maloy (District 1)  

     Commissioner Dick Van Der Weide (District 3)

Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Absent:  Commissioner Randy Morris (District 2)

 

 

     The Invocation was given by Pastor Wes Tanksley, Church of God of Sanford. 

     County Manager, Kevin Grace, led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-145, as shown on page _______, commending Eldon J. Shiver, Jr., Associate Technician, Facilities Maintenance Division, Administrative Services, for his thirty-four years of service to Seminole County upon his retirement. 

     Districts 1, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Mr. Shiver. 

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     Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-146, as shown on page _______, proclaiming the month of October 2002 as “National Disability Awareness Month” in Seminole County. 

     Districts 1, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Connie Kreinbring and Buddy Balagia who expressed their appreciation. 

PUBLIC HEARINGS

     Chairman McLain advised District Commissioner Grant Maloy has some comments with regard to Item #47, Major Revision to Preliminary Master Plan/Deep Lake PUD and Item #48, Final Master Plan/Deep Lake PUD. 

     District Commissioner Maloy stated he is going to request these items be continued from 1:30 p.m. to the 7:00 p.m. public hearing.  He said there has been a lot of confusion among the area residents and they have indicated that they would like to have the hearing continued. 

     The Board voiced no objections to staff contacting the residents and the applicant to let them know of the Board’s intent to continue these items until 7:00 p.m. tonight. 

     The Chairman advised the staff is in receipt of a letter requesting Item #51, Large Scale Amendment/Esterson/Schumacher, be continued until the 2003 Spring Cycle.  He also advised that Item #54, Celery Administration Large Scale Land Use Amendment, will be continued until the 2003 Spring Cycle. 

     The Board voiced no objections to staff contacting as many people as possible to let them know of the Board’s intent to continue these items until the 2003 Spring Cycle. 

COUNTY ATTORNEY’S REPORT

CONSENT AGENDA

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

3.   Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 111 of the Airport Boulevard Phase III road improvement project, located on the north side of Country Club Drive and west of Airport Boulevard, Helen Lee Stapler in the amount of $92,625.00, inclusive of attorney’s fees and costs.

4.   Approve and execute Subordination of Utility Interests Agreement, as shown on page _______, between the County and Florida Power Corporation, relating to Parcel Numbers 129C, 148 and 835B of the Lake Emma Road improvement project.

5.   Authorize the Binding Written Offer for Parcel Numbers 101/801 of the Wymore Road improvement project.

 

     Districts 1, 3, 4 and 5 voted AYE. 

COUNTY MANAGER’S REPORT

CONSENT AGENDA

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

Environmental Services

One-Stop Permitting

 6.  Authorize release of Maintenance Agreement with Letter of Credit No. 831107-1029 in the amount of $131,100 to ZOM Development for the Oakmonte Park project.    

Planning, Engineering & Inspections

 7.  Approve and authorize Chairman to execute Easement Agreement, as shown on page _______, granted to Seminole County by Florida Power Corporation, for the Greenwood Lakes Reclaimed Water Storage Facility. 

          

Fiscal Services

Budget

 8.  BCR #02-132 – $240,000 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Protection Fund. This transfer of funds is requested to place holiday pay in the overtime line to coincide with actual account line payments.

 9.  BCR #02-134 – $390,000 – Constitutional Officers – Court Costs – Fund: 00100 – General Fund. Transfer from General Fund Reserves for year-end payments for Court Costs. Transfer was anticipated for year-end cash calculations.

10.  Board authorization to schedule and advertise a public hearing for the purpose of reestablishing the budgets for previously approved capital projects and other specific items. The budget amendment request represents various funds. Its purpose is to carry forward FY 2001/02 budgeted funds into FY 2002/03 for specific items or projects that were not completed in FY 2001/02. Date requested for public hearing is October 8, 2002 at 1:30 p.m.

Purchasing

11.  Approve Change Order #2, as shown on page _______, and authorize the Chairman to execute Certificate of Completion, as shown on page _______, for FC-1143-01/BJC – Citrus Street and Grove Avenue Paving and Drainage Improvement project, with Ranger Construction Industries, Inc., Daytona Beach ($7,022.33).  

12.  Approve Change Order #5, as shown on page _______, to FC-1169-02/BJC - Museum of Seminole County History, Agriculture Exhibit Building, with Pooley Enterprises, Inc., Orlando ($19,350.00).

13.  Approve ranking for PS-5121-02/BJC – Professional Engineering Services for Travel Time and Delay Study; authorize negotiations and award a Master Agreement, as shown on page _______, to GMB Engineers & Planners, Orlando (Not-to-Exceed $70,000.00 per year).

14.  Award RFP-4168-02/BJC Contract, as shown on page _______, Collection Services for Public Defender Liens/Finance, Environmental Services Department/Utilities Division, Public Safety/Animal Control and Library & Leisure Services, to Merchants Association Collection Division, Inc., Tampa (18% of collected accounts).

15.  Approve Amendment #1 to A/B-3024-01/JVP –for Seminole County Water Treatment Plants with Awnclean U.S.A., Inc., Tampa ($18,047.16).

16.  Report of an Emergency Purchase Order (EPO) for vacuum truck cleaning services of Stormwater sewer system at Sun Drive (NTE $32,000.00).

 

Human Resources

17.  Approve and authorize the designation of the County Manager, Director of Human Resources and Director of Fiscal Services as Trustees on the Seminole County BCC Purchase Plan (401a) account, as shown on page ______.

 

Library & Leisure Services

Parks & Recreation

18.  Approve Seminole County’s participation in the Golden Age Games as a site sponsor for the tennis activities to be held at Sylvan Lake Park.

 

Planning & Development

Administration

19.  Approve and authorize Chairman to execute three Satisfactions of Second Mortgage, as shown on page _______, for Eric C. Kristeff, Sheryl Mays, Bruce Figueroa/Alicia Arevelo/Anita Ortiz Rivera for households assisted under the SHIP Program’s Home Ownership Assistance Program. 

20.  Approve and authorize Chairman to execute two Satisfactions of Second Mortgages – Early Release, as shown on page _______, for Shawn C. & Kimberly Felderman and Janet P. Maloney for households assisted under the SHIP Programs Home Ownership Assistance Program.

Community Resources

21.  Approve and authorize Chairman to execute a Release of Memorandum of Agreement, as shown on page _______, with Meals on Wheels, Etc., Inc. for a household assisted with emergency repair assistance under the Seminole County Emergency Repair Housing Program Grant Agreement. 

Development Review

22.  Approve Minor Plat for Lefils Frank Estates, located at 500 Rest Haven Road, approximately 438 feet north of SR 46 on the west side of Rest Haven (Lefils Frank Estates).

23.  Approve Final Plat for Brookwood Subdivision, located on the south side of Center Drive, approximately l/2 mile west of East Lake Drive (Bifbreed Investments, Inc., Brian Breedlove). 

24.  Final Plat for Bentley Cove Subdivision, located on the south side of Lake Hayes Road, approximately l/4 mile east of SR 434 (Al Ghandour, MAG Development Company, Inc.). 

Planning

25.  Approve and authorize Chairman to execute Intergovernmental Agreement, as shown on page _______, between Seminole County and the Central Florida Regional Transportation Authority (LYNX) for the purchase of mass transit infrastructure using the County’s One Cent Sales Surtax Funds as agreed upon during the FY 2001/02 budget process.

 

Public Safety

Emergency Management

26.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between the State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant in the amount of $103,196.

 

Public Works

Road Operations/Stormwater

27.  Approve and authorize Chairman to execute the Second Amendment to the Agreement, as shown on page _______, between the St. Johns River Water Management District and Seminole County for the Little Econlockhatchee River – Crane Strand System Retrofit Project and Stormwater Park.

 

     Districts 1, 3, 4 and 5 voted AYE. 

CLERK’S REPORT

CONSENT AGENDA

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

 1.  Expenditure Approval Lists, as shown on page _______, dated September 3 and 10, 2002; and Payroll Approval List, as shown on page _______, dated August 29, 2002. 

 

 2.  Chairman to execute the following Satisfactions of Judgment for $40 Public Defender Application Fees: 

 

Juanita Lynn Herring, Case #00-3280-CFA

Damon Patrick Jefferson, Case #01-2447-CFA

Donald William Travis, III, Case #02-706-CFA

 

 3.  Chairman to execute the following Satisfactions of Judgment for Court Costs: 

 

Felicia Bennett, Case #96-780-CFA - $255

Josiah Mullins, Case #02-5411-MMA - $158

 

 4.  Chairman to execute the following Satisfactions of Judgment for Public Defender Liens: 

 

Robert B. Ainsworth, Case #02003793MM - $150

Angel Belen, Case #01010353MM - $100

Yolanda Berry, Case #01005128MM - $250

Sally Bleichnee, Case #98007290MM - $200

Kelly L. Boyce, Case #01013303MM - $250

     Chris A. Cezero, Case #99012720MM - $200

     Homer Comer, Case #82001237CFA - $350

     Kevin S. Cresswell, Case #98005599MM - $100

     Dixie J. Flannagin, Case #97005886MM - $300

     Marvin Golden, Case #89003552MM - $75

     Jerry Glenn Graham, Case #95002871MM - $200

     Christian L. Hardy, Case #00011941MM - $200

     Arturo Hernandez, Case #01005373MM - $200

     James N. Jackson, Jr., Case #01008150MM - $250

     Richard E. Johnson, Case #00006152MM - $100

     Ricardo C. Joseph, Jr., Case #99002568CFA - $350

     Robert Lewis King, Case #K89001643CFB - $650

     Richard Bruce Lashley, Case #95000437CFA - $350

     Mauga Liatama, Case #02006554MM - $260

     Sebastian Lozada, Case #01004645CFA - $200

     Roberta Malinauskaite, Case #02007363MM - $200

Melvin L. Osbourne, Jr., Case #00008914MM - $200

     Carl Allen Smith, Case #01006865MM - $200

     Tara L. Weissledge, Case #02001871CFA - $50

     Billy D. Williams, Case #00001670MM - $150

 

 5.  BCC Official Minutes dated August 27, 2002. 

 

     Districts 1, 3, 4 and 5 voted AYE. 

 

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

 1.  Development Orders, as shown on page _______, for the following:  #02-31000017, Carolyn Whitford Mobile Home Request and #1-32000018, Trinity Assembly of God of Chuluota, Inc. Special Exception.

 

 2.  Conditional Utility Agreements, as shown on page _______, for water and sewer service with NW Oregon, Ltd., for the project known as 7-11 NW Oregon.

 

 3.  Conditional Utility Agreements, as shown on page _______, for water and sewer service with Wal-Mart Stores, L.P., for the project known as Neighborhood Market – Red Bug Village.

 

 4.  Conditional Utility Agreements, as shown on page _______, for water and sewer service with Regal Centre, Inc., for the project known as Regal Centre.

 

 5.  Customer Agreement for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement, as shown on page _______, with Pelloni Capital Corp., for the project known as International Parkway & Recreational Trail.

 

 6.  Work Order #5, as shown on page _______, to PS-573-00.

 

 7.  RFP-4164-02 Term Contract, as shown on page _______, for Pest Control Services Purchase Agreement with McCall Service, Inc.

 

 8.  Work Order #3, as shown on page _______, to PS-583-01.

 

 9.  Change Order #13, as shown on page _______, to FC-161-99.

 

10.  Work Order #1, as shown on page _______, to PS-5115-02.

 

11.  Change Order #10, as shown on page _______, to FC-1135-00.

 

12.  Warranty Deeds and Temporary Construction Easements, as shown on page _______, for Denise Hewitt, St. Petka Sebrian Orthodox Church, Joseph & Cindy Ruggieri and Vuthy & Lada Chhay relating to Lake Emma Road project; First American Title Ins. Co. Policies and Warranty Deeds for Charlie & Annie Collier, Jr., and Robert L. McIntosh relating to Airport Blvd. project; First American Title Ins. Co. Policy relating to Lake Drive project; and Warranty and Quit Claim Deeds for Christine Stephan relating to Wymore Road, and Warranty Deeds for Robin Doering Stribley, Diane Doering Arnold and Jon Gavin Doering relating to Natural Lands Acquisition.

 

13.  Work Order #1, as shown on page _______, to PS-5116-02.

 

14.         Work Order #2, as shown on page _______, to PS-5106-01.

 

15.         Twentieth Amendment, as shown on page _______, to RFP-413-97 Custodial Services Agreement, A1A Cleaning Services, Inc.

 

16.         Memoranda from Kevin Grace, County Manager, to BCC dated August 29, 2002, relating to Capital Project Fund Transfers for the projects named Historical Museum Renovation and CR 46A Phase II.

 

17.         Memorandum dated August 30, 2002 to Sandy McCann, County Records, from Stephen Lee, County Attorney’s office, submitting documents, as shown on page _______, for the Sale and Purchase of Tract “A” and “B” of Jetta Point and Robert Yeager property.

 

18.         Operational Audit of the Florida Community College System Student Fees and Fines for the period January 1, 2001 through December 31, 2001.

 

19.         Bids for CC-1188-02, as shown on page ________.

 

SHERIFF’S REPORT

CONSENT AGENDA

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Grant Application, as shown on page _______, and associated grant documents for the Department of Transportation Traffic Enforcement Enhancement Grant; and authorize processing all associated grant documents. 

     Districts 1, 3, 4 and 5 voted AYE. 

REGULAR AGENDA

     Planner, John Thompson, addressed the Board to present request for direction regarding the placement of a gate within the wall along the north property line for the Colonial Grande Phase II Project.  He advised that this item was continued from the September 10, 2002 meeting.  He said that currently the County accesses the lift station through AAA Drive, which is a private road.  Because the County does not have legal access through AAA Drive and because the only legal access for the County is from Banana Lake Road, staff would recommend the placement of a secured gate with access limited to the County for the potential well site within the Colonial Grande project. 

     Cindy Crain, 820 Banana Lake Road, addressed the Board to read into the Record her statement of position (received & filed) on the gate and the proposed well site.  She stated that if the Board approves the gate, she would request that the County send a letter to each of the Banana Lake Road homeowners stating that if the well is not approved by the St. Johns River Water Management District that the County will remove the gate and fill in the space with a brick section to make a solid brick wall. 

     District Commissioner McLain stated the County has only one public access road to get in an out of the property; therefore, he would recommend approval of staff’s recommendation. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve staff’s request for the placement of a secured gate within the Colonial Grande Phase 2 wall at the northeast corner of the project with access limited to the County to a potential well site and existing water and sewer utilities. 

     Under discussion, Commissioner Henley stated he will support the motion, but still does not think the County needs to move forward until they know exactly what they are doing on the property. 

     Districts 1, 3, 4 and 5 voted AYE. 

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     Deborah Leigh, Code Enforcement, addressed the Board to present request for reduction of the Code Enforcement Board Lien for Reita Gerstein/Amsouth Bank for property located at 76 Salem Ct., Altamonte Springs, Parcel #07-21-30-504-0000-0070.  She advised of a correction on page 3 of the agenda memorandum, recommending Option A instead of Option B. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve reduction of the Code Enforcement Board Lien from $13,950 to $2,550 for Case #01-117-CEB for Reita Gerstein, Respondent, Amsouth Bank, Owner, property located 76 Salem Ct., Altamonte Springs; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien. 

     Districts 1, 3, 4 and 5 voted AYE. 

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     Purchasing Manager, Ray Hooper, addressed the Board to request ranking of firms for RFP-4170-02/BJC, Owner’s Representative Services for the Seminole County Convention Center. 

     The Commissioners voted individually for the number one ranked firm and passed their votes to County Attorney, Bob McMillan.  Mr. McMillan advised the Board unanimously selected Cumming McGillivray LLC as the number one ranked firm. 

     The Commissioners then voted individually for the number two ranked firm and passed their votes to Mr. McMillan.  Mr. McMillan advised the Board unanimously selected ZHA, Inc. as the number two ranked firm. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the following ranking for RFP-4170-02/BJC, Owner’s Representative Services for the Seminole County Convention Center:  (1) Cumming McGillivray LLC; and (2) ZHA, Inc.; and to authorize staff to negotiate the agreement with the top ranked firm or with the second firm if negotiations with the top ranked firm fail. 

     Districts 1, 3, 4 and 5 voted AYE. 

     Mr. Grace announced that the Purchasing Division has received another award of achievement from the National Purchasing Institute. 

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     The Chairman recessed the meeting at 10:00 a.m., and reconvened the meeting at 10:10 a.m., this same date. 

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     Planner, Tony Matthews, addressed the Board to request Board approval for staff to process the proposed amendments to the Vision 2020 Plan and the Land Development Code with regard to Senate Bill 1906.  He advised that with regard to the interlocal service delivery agreements on Table 1, the County has been notified by DCA that the BCC has been chosen as the agency responsible for facilitating the public school interlocal agreement and with that comes a grant of $8,780.  He reviewed with the Board Table 2 of optional provisions including the following:  public education; standing to enforce local government comp plans through development orders; local government comp plan certification program; and concurrency.  He stated that with regard to the enforcement of local government comp plans, the Board would need to make a decision on which way to go. 

     Assistant County Attorney, Steve Lee, addressed the Board to explain the change in the law is that in order to have the zoning decision made based on the record established at the County level, the County is required to go to a special master process where witnesses are sworn in and the record is established.  If the Board continues to handle rezoning matters as they do now, any appeal will be based on the new trial where both sides present evidence and witnesses.  Discussion ensued. 

     Mr. McMillan clarified that if the Board chooses to continue as they do now and the decision is taken to court, the judge makes the decision based on the evidence he hears and there is not presumption that the Board has any weight. 

     Chairman McLain stated he would prefer to hear the testimony from the public and have the Board make the decision; and then if it is challenged, the County will move forward to defend their decision. 

     Commissioner Van Der Weide stated if the elected official is taken out of the equation with the citizens, he believes there will be some serious consequences. 

     Chairman McLain advised staff is requesting authorization to advertise both ordinances for the Land Planning Agency and the BCC. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize advertising the amendments to the Land Development Code and Seminole County Code; and to direct that the Board will continue to operate under the County’s current rules with regard to rezoning hearings.  (See clarified and corrected motion under the County Manager’s Report this date.)

     Districts 1, 3, 4 and 5 voted AYE. 

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     Planning & Development Director, Don Fisher, addressed the Board to present appeal by Hunter’s Reserve Master Association of the delivery hours for the Neighborhood Market located at McCulloch Road and Alafaya Trail.  Copy of letter from Attorney Hal Kantor was received and filed. 

     District Commissioner Maloy advised the Neighborhood Market has agreed to restrict the delivery hours from 5:00 a.m. and Midnight and that there will be no deliveries between Midnight and 5:00 a.m.  This would not restrict the operating hours.  The Neighborhood Market has also agreed to a payment of $5,000 to the Hunter’s Reserve Master Association for aesthetic enhancements of a block wall that sits behind the commercial property.  He added that both sides agree to this compromise. 

     Francis Main, 3817 Heritage Oaks Court, President of the Hunter’s Reserve Masters Association, addressed the Board to advise they concur with the compromise. 

     Attorney Gregory D. Lee, Lowndes Drosdick Doster Kantor & Reed, P.A., addressed the Board to advise he represents Wal-Mart and Wal-Mart Neighborhood Market.  He confirmed the compromise and clarified that in the staff report a reference was made to some additional shrubbery in the buffer area and that additional shrubbery was in the five-foot buffer area on the side of the property and not behind the property. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to amend the Planning Manager’s decision and stipulate that the commercial project known as the Neighborhood Market, located at McCulloch Road and Alafaya Trail, be limited to delivery hours between 5:00 a.m. to Midnight; and to recognize the commitment from the developer for payment of $5,000 to the Hunter’s Reserve Master Association to enhance the block wall that is in the back of the property. 

     Districts 1, 3, 4 and 5 voted AYE. 

     Upon inquiry by the Chairman, Mr. Fisher advised the payment of the $5,000 will be noted in the development order. 

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Mr. Fisher requested authorization to schedule public hearings for the minor amendments to the Seminole County Land Development Code and the Seminole County Code. 

Upon request by Commissioner Henley, Mr. Fisher advised staff will clarify the language regarding “over concentration” under the Special Exceptions section of the Code. 

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the Planning & Development Director to schedule and advertise public hearings with the Land Planning Agency and the BCC to consider minor amendments to the Seminole County Land Development Code and the Seminole County Code. 

     Districts 1, 3, 4 and 5 voted AYE. 

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     Linda Eiland, Risk Management, addressed the Board to request approval of renewal of the Self-Insurance Program through Arthur J. Gallagher & Company.  Copy of Executive Summary was received and filed. 

     Glen Tobey, Arthur J. Gallagher & Co., addressed the Board to advise they are recommending the alternative renewal program because the overall cost is reduced by $206,000 than previously recommended.  He noted that this reduction puts a little more burden on the County from a self-insurance standpoint and would be increasing the self-insurance retention on property from $100,000 to $200,000; and under the Workers Comp section, the County would be assuming a $200,000 retention as opposed to $100,000.  He further advised that within this alternative process, they have been able to add a $1 million limited liability for terrorism coverage. 

     Upon inquiry by the Chairman, Mr. Tobey advised the County’s rates are a lot lower than Broward, Palm Beach, Hillsborough, Duvall and Orange counties. 

     Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize the renewal of the Self-Insurance Program through Arthur J. Gallagher & Company, as laid out in the Executive Summary, effective October 1, 2002, including Third Party Claims Administrator Services with Gallagher Bassett Services, Inc.; and authorize the Chairman to execute any necessary renewal agreements. 

     Districts 1, 3, 4 and 5 voted AYE. 

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     Kathy Moore, Fiscal Services, addressed the Board to request direction with regard to the MSBU Program. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize for the MSBU Program the following:  (A) Proceed with Oak Park (Belle Meade) and Garden Lake Estates as pilot sites for wall reconstruction projects; and (B) Revise the tentative MSBU Wall Reconstruction process by expanding the Scope of Services component of the application process by expanding the Scope of Service component of the application process and by offering applicants a choice between two alternative methods for approaching the wall reconstruction project. 

     Districts 1, 3, 4 and 5 voted AYE. 

- - -

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the MSBU Program to proceed with revising the Consolidated Street Lighting Ordinance so that sub district assessments will be based on sub district utility costs; assessment by sub district costs will replace the historic 35-Level assessment structure. 

     Districts 1, 3, 4 and 5 voted AYE. 

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     The Board, thereupon, recessed at 10:40 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to authorize filing the proofs of publication for today’s scheduled public hearings.

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

MAJOR REVISION TO PRELIMINARY

MASTER PLAN - DEEP LAKE PUD/

HARVEY SLAYTON AND SUSAN IRELAN

and FINAL MASTER PLAN/HARVEY SLAYTON,

SUSAN S. IRELAN AND ALOMA DEVELOPMENT LLC

 

     Chairman McLain stated that District Commissioner Maloy has requested that these items be continued to the 7:00 p.m. public hearings for tonight.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to 7:00 p.m. tonight the public hearing for consideration of a Major Revision to Preliminary Master Plan - Deep Lake PUD, Item #47, Harvey Slayton and Susan Irelan; and Final Master Plan and Developer’s Commitment Agreement for the Deep Lake PUD and the South Tuskawilla Road Property PUD, Item #48, Harvey Slayton, Susan S. Irelan and Aloma Development LLC.

     No one spoke in support or opposition to the motion.

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

     Commissioner Maloy suggested these items be brought up after Item #50 on the evening agenda.  The Board had no objections.

VACATE AND ABANDON/RAYMOND DEDERING

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning portion of a drainage and utility easement located at 319 Needles Trail, Wekiva Club Estates, Longwood, FL, Raymond Dedering, received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution 2002-R-148, as shown on page _______, vacating and abandoning portion of a drainage and utility easement located at 319 Needles Trail, Wekiva Club Estates, Longwood, FL; as described in the proof of publication, Raymond Dedering.

     Shannon Suffron, Planner, addressed the Board to state staff recommends approval of the vacate.  She advised staff has received letters from the utility companies stating they have no objections.

     Ray Dedering, applicant, representing Mr. Soley who lives in the house, addressed the Board to state when Mr. Soley purchased the house, the screen enclosure was already there.  He said they support the staff recommendations.  He advised he has a letter (received and filed) from the neighbor to the immediate left who has no objections to the request.

     Chairman McLain stated the Board received copies of the letter.

     Commissioner Henley asked what steps staff is taking to make sure this does not happen again.

     Development Review Manager, Mahmoud Najda, addressed the Board to state staff does not require drainage or utility easements unless that is necessary.  He said these are old plats.

     Mr. Grace stated that hopefully staff is doing a better job with inspections to make sure things are not being placed where they should not be.

     No one else spoke in support or in opposition.

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

REZONE FROM M-1 TO C-2

CHARLES MCFARLAND/LOCHRANE ENGINEERING

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approval of rezoning request from M-1 (Industrial) to C-2 (Retail Commercial); property described as 1.16 acre parcel located on the west side of US 17-92 approximately 2000 feet north of the Seminole/Orange County line, Charles McFarland, Lochrane Engineering, received and filed.

     Kathy Fall, Senior Planner, addressed the Board to state staff recommends approval of the Ordinance to rezone the property to C-2 based on the staff findings that:  (1) The proposed rezoning is consistent with the Vision 2020 Plan policies related to the Industrial future land use designation; and (2) The proposed rezoning is compatible with adjacent commercial and industrial uses and the development trend along the US 17-92 corridor.  She said the Land Planning Agency Board also recommended approval.

     Applicant, Chuck McFarland, Lochrane Engineering, addressed the Board to state he agrees with the staff findings.

     No one else spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Maloy, to adopt Ordinance #2002-38, as shown on page _______, rezoning from M-1 (Industrial) to C-2 (Retail Commercial); property described as 1.16 acre parcel located on the west side of US 17-92 approximately 2000 feet north of the Seminole/Orange County line; as described in the proof of publication, Charles McFarland, Lochrane Engineering.

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

ORDINANCE AMENDING SEMINOLE COUNTY

CODE AND LAND DEVELOPMENT CODE, Continued

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending the Seminole County Code of Ordinances and Land Development Code to clarify separation requirements, Seminole County, received and filed.

     Chairman McLain stated this item was continued from September 10, 2002.

     Tony Matthews, Principal Planner, addressed the Board to state the Board of County Commissioners asked that this Ordinance be brought forward.  He said staff is recommending enactment of the Ordinance with findings that:  (1) The subject ordinance will clarify that wherever in the Seminole County Code of Ordinances or Land Development Code there is a requirement for a minimum distance or other type of separation specified regarding uses of land or structures, type of facilities or otherwise, unless specifically stated to the contrary, it is to be presumed that the location of municipal and county boundaries is not to be taken into account; and (2) The subject ordinance is consistent with the Seminole County Comprehensive Plan.  He said the Land Planning Agency also recommended approval.

     No one spoke in support or in opposition.

     Motion by Commissioner Maloy, seconded by Commissioner Henley, to enact Ordinance #2002-39, as shown on page _______, amending the Seminole County Code of Ordinances and Land Development Code to clarify separation requirements; as described in the proof of publication, Seminole County.

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

PROPOSED CIE TEXT AMENDMENT

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Proposed Capital Improvements Element Text Amendment regarding the funding of public transportation, received and filed.

     Dick Boyer, Senior Planner, addressed the Board to state in recent years, revenue from the ninth cent gas tax has been insufficient to fully cover transit services.  The proposed policy will enable a future Board to make full use of additional funding sources for transit, such as other local option gas taxes, if they wish to do so.  He said staff is recommending transmittal of this policy.

     Commissioner Henley questioned if it was necessary to take this action now or allow the future Board to do so if they wish.  He said he thinks this policy makes it very easy for staff to come up with another resource without exploring all the resources.

     Mr. Grace explained this action would recognize in the Comp Plan that the Board has sources available.  He would not want the Board to run into a situation where they decide to use that source, but would have to wait for the next Comp Plan cycle because the Comp Plan prohibits the Board from doing that. 

     Upon inquiry by Chairman McLain, Mr. Grace said the staff could not spend any of the money without the Board’s approval.  Mr. Grace said this action does not force the Board to do anything. 

     Commissioner Henley said since the law is in place, he does not think this action is necessary.  Mr. Grace stated the intent is not to get the Board to commit to raise the taxes at this time, but to acknowledge in the Capital Improvements Element that these potential revenue sources are available if the Board chooses to use them later.

     Commissioner Maloy asked if this also gives the Board flexibility with the current taxes. 

Alice Gilmartin, Planning, addressed the Board to state this does give flexibility with the existing gas tax. 

Whereupon, Commissioner Maloy recommended amending the language to the Policy to read “The Board of County Commissioners shall, at its discretion. . . ”, changing the wording from “The County shall. . .”  He said that makes it clear that it is the Board’s decision. 

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt the proposed Capital Improvements Element Text Amendment regarding the funding of public transportation, with the amended language.

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

COMMUNICATIONS AND/OR REPORTS

 

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

 1.     Memorandum dated 9/16/02 to Kevin Grace, Co. Manager & Bob McMillan, Co. Attorney, from Commissioner Randall Morris re: Adult Entertainment Establishments sites.  (cc: BCC, Deputy Co. Managers, Planning & Development Director)

 

 2.     Letter dated 9/5/02 to BCC (with attached Ordinance #02-1055) from Thelma McPherson, City Clerk-City of Casselberry, re: Annexation.  (cc:  Casselberry City Manager, Casselberry Community Development Director, Co. Manager, Deputy Co. Managers, Property Appraiser, Supervisor of Elections)

 

 3.     Letter dated 8/27/02 to Chairman from Sandra Robinson, Chairman, Seminole County School Board re:  Contribution to Pre-K School Readiness Program.  (cc: BCC, Co. Manager, Deputy Co. Managers)

 

 4.     Letter dated 9/5/02 to BCC from Diane Pickett Culpepper, Time Warner Cable, re: Programming schedules for 9/11/02.  (cc:  Co. Manager, Cable Franchising Coordinator, Jerry Martin-Time Warner)

 

 5.     Letter dated 9/3/02 to Randall Morris from Carla Sims, Traffic Safety Administrator-Fla. Dept. of Transportation, re: Seminole County DUI Enhancement Project.  (cc:  Sheriff, Lt. Jerry Riggins, Chief Penny Fleming, Carolyn Gracey, Paula Fountain, Co. Manager, Deputy Co. Managers)

 

 6.  E-mail dated 9/16/02 to BCC from CDR Donald Tise re:  Prohibition of Seminole High Gospel Choir performing on 9/11/02.

 

 7.     Letter dated 9/6/02 to Chairman from Craig A Cook, Executive Director-Threshold, re: Grant Application.  (cc:  BCC, Co. Manager, Deputy Co. Manager [SS], Planning & Development Administration)

 

 8.     Letter dated 9/11/02 to BCC from Edward Martinez, Community Activist, re: Nora Martinez appeal.  (cc:  Co. Manager, Deputy Co. Manager [SS], Planning & Development Administration)

 

 9.     Memorandum dated 9/13/02 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re:  Submission into County Records.  (cc: BCC, Co. Manager, Environmental Services Director, Deputy Co. Manager [RF])

 

10.     Copies of letters dated 9/9/02 from Ken Roberts, Director-Public Safety, re:  Appreciation for donations to the following:  Sharon Brooks and Tabatha Gorsuch.

 

11.     Minutes from the 8/8/02 Tourist Development Council Meeting.

 

12.     Contract for Services, as shown on page _______, between Seminole County and the following:  Jason Sullivan (Tennis instructor), Larry Millspaugh (Tennis tournament roving umpire), G. Wayne Culver (Slow Pitch Softball scorekeeper), Nancy Dillon (Slow Pitch Softball umpire), Ray Santana (Slow Pitch Softball scorekeeper), and John Florenza (Slow Pitch Softball scorekeeper).

 

13.     Memorandum dated 9/17/02 to Linda Eiland, Administrative Services, from Henry Brown, Assistant Co. Attorney, re: Direct Pay request-Expert Witness Procurement.  (cc: BCC, Co. Attorney, Purchasing Manager, Planning & Development Director)

 

14.  Copy of letter dated 9/11/02 to Nazid Haddid, State of Florida High Speed Rail Authority, from John Puhek, Sierra Club Transportation/High Speed Rail Committee re: Support of the alignments for high speed rail between Orlando & Tampa.  (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Engineer)

 

15.  Copy of letter dated 9/12/02 to Shirley Taylor, Commission on Ethics, from Gretchen Walker, Executive Assistant re: Removal of Financial Disclosure for Trails & Greenways Committee.  (cc: BCC, Deputy Co. Managers, Planning & Development Director)

 

16.     Letter dated 9/18/02 to BCC, Building, Code Enforcement Board of Adjustments (with attached) from Roxie Marshall re: Property at 360 East 5th Street, Chuluota.

 

17.     Letter dated 9/16/02 to Chairman (with attached books) from Bob Gleason, Fla. Dept. of Transportation-District Environmental Administrator, re: Final Environmental Impact Statement I-4.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer, Derek Fusco-FHWA)

 

18.     Letter dated 9/16/02 to Chairman (with attached books) from Michael Snare, Fla. Dept. of Transportation-District Interstate Program Manager, re:  Preliminary Engineering Report I/4 PD& E Study.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer, Harold Webb-FDOT)

 

19.  E-mail dated 9/12/02 to BCC from Wendy Saliga re: Opposition to Deeplake PUD.  (cc:  Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

20.     Letter dated 9/18/02 to Chairman from Gary Brown, CEO Welbro Company, re: Bruce Skwarlo to fill Tourist Development Commission vacancy.  (cc:  BCC, Bruce Skwarlo, Ron Franklin, Dick Vilardo, TDC Director)

 

21.  Copy of letter dated 9/15/02 to Jack Wert, TDC Director, (with attachments) from Bruce Skwarlo, General Manager Marriott, re: Tourist Development Commission vacancy.  (cc:  BCC)

 

22.     Memorandum dated 9/20/02 to Sandy McCann, Commission Records Office Supervisor, from Becky Noggle, Sr. Coordinator-Environmental Services re: Submission into Co. Records.  (cc:  BCC, Co. Manager, Environmental Services Director, Deputy Co. Manager [RF])

 

23.     Memorandum dated 9/19/02 to BCC (with attachments) from Ray Hooper, Purchasing & Contracts Manager, re:  Co. Managers Internal Policies & Procedures Guide to Purchasing.  (cc:  Fiscal Services Director, Co. Manager, Assistant Co. Attorney)

 

24.     Letter dated 9/13/02 to Distribution Listed (with attachment) from Rachel Carnicelli, Deputy City Clerk-City of Sanford, re: Annexation Ordinance #3741.  (cc:  BCC, Planning & Development Director, Planning Manager, Property Appraiser, Supervisor of Elections)

 

25.     Letter dated 9/20/02 to Chairman from Bruce Jacobus, Chief Judge-18th Judicial Circuit, re:  Proposed Criminal Justice Center.  (cc:  BCC, Deputy Co. Managers, Administrative Services Director, Co. Manager, Court Administration)

 

26.     Letter dated 9/20/02 to Bruce Jacobus, Chief Judge-18th Judicial Circuit, from Kevin Grace, Co. Manager, re:  Proposed Criminal Justice Center.  (cc:  BCC)

 

27.  Copy of letter dated 9/20/02 to Jack Wert, Executive Director-Tourism, from Ron Franklin, President Pinnacle Hotel Management, re:  Upcoming vacancy on Tourist Development Board.  (cc:  BCC)

 

28.     Letter dated 9/18/02 to BCC from Dana Loncar, Manager, Government Relations-Orlando Regional Healthcare, re: Pink October designation.

 

29.     Facsimile dated 9/23/02 to Chairman from Ann Esterson, Esterson Construction Company, re: Request to postpone Esterson/Schumacher Property action.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Project Manager, Planning & Development Manager)

 

CHAIRMAN’S REPORT

     Chairman McLain said Tom Owens, alternate designee on the South Seminole/North Orange County Wastewater Transmission Authority, is on vacation.  He and Mr. Grace have discussed and decided it would be more appropriate for a Deputy County Manager to represent the County on the Authority because of the potential that many capital improvements might be discussed.  Therefore, he wishes to appoint DCM Robert Frank to attend the upcoming meetings with full voting privileges.  He said Commissioner Morris will continue as the BCC’s representative. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to appoint DCM Rob Frank as the alternate designee to the South Seminole/North Orange County Wastewater Transmission Authority.

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

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley stated he has been getting some calls today about speeding in the Derbyshire and Kewannee areas.  He said the County has been putting in some control methods in the bike lanes and calls have come from some who were not aware of that.  He advised the Board that the staff did hold three meetings with the homeowners in the area in an attempt to let the people know what was going on.

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Commissioner Maloy asked if staff could bring back at a future meeting the issue of waiving requirements for a left turn lane on Brooks Lane.  He would like this brought back as an agenda item for Board discussion.  The Board had no objections.

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Commissioner Maloy gave an update on Lynx.  He said in the past, the Board had wanted to see the users pay more fees.  He said the rates have now been increased from $1 to $1.25 and is expected to generate over $1 million more in revenues.

COUNTY MANAGER’S REPORT

     Mr. Grace asked for clarification on the motion made this morning for Item #40, Senate Bill (2202-296 Laws of Florida). 

     Under discussion, Mr. McMillan said he understood that the Board’s action was to proceed as recommended by staff.  On the issue of how to handle future appeals, they would leave that the way it is and staff was directed to proceed to make whatever changes needed to be made to the Comp Plan, and whatever else, to implement the remainder of the staff recommendation.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve the staff recommendation.

Chairman McLain said he believes that was part of the original motion that clarified that the process was not to be changed.  He clarified that the motion was to move forward with maintaining the existing policies on public hearings on rezonings.

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

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     Mr. Grace asked for clarification on the motion for the Jewish Senior Council and Forest Lake projects as the motion by the Board did not appear to capture the rezoning ordinance.  He asked for a motion clarifying that it was the Board’s intent to adopt the rezoning ordinance.

     Motion by Commissioner Henley, seconded by Commissioner Maloy, that the Board’s intent on July 23, 2002 and September 10, 2002, was to adopt the Rezoning Ordinance #2002-40, as shown on page _______, for the Spring 2002 Amendment Cycle for the Oakmonte Villages Jewish Senior Housing Council and Forest Lake II/Glatting Jackson/John Percy.

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

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     Mr. Grace advised the County is doing some aerial mosquito spraying and he has provided each Commissioner’s Aide with a map showing the areas.  The spraying is being done on an as-needed basis, primarily in the northeastern areas where the trucks can’t reach.  He advised Chairman McLain that he would check on the minimum feet maintained from occupied buildings when spraying.

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     The Board recessed at 2:00 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

     Additions/Revisions to the Agenda was received and filed.

PUBLIC HEARINGS

FY 2002/2003 SEMINOLE COUNTY BUDGET

     Proof of publication, as shown on page _______, calling for a public hearing to consider FY 2002/2003 Seminole County Budget, received and filed.

     Chairman McLain reviewed the adoption procedures and preliminary comments as outlined in the FY 2002-2003 Budget Book (received and filed). 

     Cindy Hall, Fiscal Services Director, addressed the Board to state the adopted tentative millage rates for FY 2002/2003 are as follows:  Countywide General Fund 4.7179; Transportation 0.2810, totaling 4.9989, which is a 4.45% increase over the rolled back millage.  She stated the millage rate for Environmental Sensitive Lands is 0.0986; Trails Development 0.1100, totaling 0.2086 and that brings the countywide millage to 5.2075.  The millage rate for Unincorporated Special Districts Fire/Rescue is 2.6334, a 30.95% increase over roll back.  The Unincorporated Roads is 0.1228, which is an 80.58% decrease from roll back.  The total Unincorporated rate is 2.7562.  The total millage, including debt, is 7.9637, which is a reduction of .0122 from the current year.  The total millage, excluding debt, is 7.7551, which is equal to the current year.  She stated based upon these tentative millage rates, the tentative “aggregate” millage rate, exclusive of voted debt service millage, is 6.3675, which represents a 4.55% increase over the “aggregate” rollback millage rate of 6.0904.

     Mr. Grace pointed out that this is the completion of the County’s first two-year budget and he believes this process has served them well.  He stated he anticipates that the County will continue to use this process and they will start next year preparing the next two-year budget.  The County has been fortunate that they experienced financial stability over the last couple years when a lot of other governments have been struggling.  He stated the County has some challenges forthcoming and one is stormwater, as the rain has come back and there has been a lot of flooding issues.  He added staff has been able to find $415,000 to address some of the most critical, smaller flooding issues, but it is an issue much larger than that, and it is an area where they will have to find some additional resources in the coming budget.  He reiterated that his priority is based on where the County spends their money and the top two priorities are transportation and public safety.  He stated the total tentative budget for 2002/2003 is $559,401,735.

     Ms. Hall stated in addition to that total, there are requested adjustments that total $2,784,876.  Another amendment to the budget is $1,500,000 for the final draw of Commercial Paper for the remediation of the Public Safety building.  She stated an amendment of $415,000 would be included in the Stormwater fund as well as $250,000 for the St. Johns Water Management District.  She said one team member position has been reduced from the Tourist Development fund and that amount will be used for special event needs for the Parks Division at Lake Sylvan Park.  Another small adjustment is an account line correction of the summary sheet (received and filed) under the ORG column 110304, which will be eliminated and rebalanced and placed into the reserved figure of the General Fund.

     Commissioner Maloy stated he would like to applaud the County Manager on issues that popped up across the County relative to drainage and for coming up with the additional $400,000.

     At the request of Commissioner Henley, Ms. Hall commented on the comparison of the total budget this year and the total budget last year.

     Chairman McLain reminded the Board that effective this year, the County would be assuming responsibility for public safety and fire protection for the City of Altamonte Springs.

     Mr. Grace stated by doing this, there would be a savings over $10 million over the next several years.

     Commissioner Van Der Weide commended staff for their work on the two-year budget as it has worked well.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Millage Levy Resolution #2002-R- 149, as shown on page _________, as described in the proof of publication.

     Districts 1, 3, 4 and 5 voted AYE.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Budget Resolution #2002-R-150, as shown on page _______, for all funds and recommended positions and pay bands as initially presented to the Board by the County Manager in his official capacity as Budget Officer (per Florida Statute 129.025) and subsequently amended by the BCC, as described in the proof of publication.

     Districts 1, 3, 4 and 5 voted AYE.

LARGE SCALE AMENDMENT/Esterson/Schumacher

     Continuation of a public hearing to consider request for a Large Scale Amendment from Suburban Estates to Low Density Residential Land Use; property described as two tracks of land, one north of Myrtle Street, 1200 ft. east of Nolan Road and the second, south of Myrtle Street, west of Nolan Road, as described in the proof of publication, Esterson/Schumacher.

     Chairman McLain advised that the applicant has submitted a letter (received and filed) requesting that this item be continued to the 2003 Spring Cycle.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue to the 2003 Spring Cycle the request for a Large Scale Amendment from Suburban Estates to Low Density Residential Land Use; property described as two tracks of land, one north of Myrtle Street, 1200 ft. east of Nolan Road and the second, south of Myrtle Street, west of Nolan Road, as described in the proof of publication, Esterson/Schumacher.

     Districts 1, 3, 4 and 5 voted AYE.

CELERY AVE. CORRIDOR AREA ADMINISTRATIVE LARGE

SCALE LAND USE AMENDMENT/Seminole County

     Proof of publication, as shown on page _______, calling for a public hearing to consider Celery Ave. Corridor Area Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential and Mixed Development for approximately 640 acres located on the north and south sides of Celery Avenue, Seminole County, received and filed.

     Chairman McLain advised that staff is recommending that this item be continued to the 2003 Spring Cycle.  A letter to the Board from Don Fisher, Planning & Development Director, requesting that this item be continued was received and filed.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to continue to the 2003 Spring Cycle consideration of the Celery Ave. Corridor Area Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential and Mixed Development for approximately 640 acres located on the north and south sides of Celery Avenue, as described in the proof of publication, Seminole County.

     Districts 1, 3, 4 and 5 voted AYE.

SMALL SCALE LAND USE AMENDMENT

AND REZONE/Thomas Daly

     Continuation of a public hearing to consider request for Small Scale Land Use Amendment from Office to Planned Development; and Rezone from OP (Office Professional) to PUD (Planned Unit Development); property comprising approximately 9.9 acres and located on the west side of Wekiva Springs Road, ½ mile north of SR 434, as described in the proof of publication, Thomas Daly.

     Jeff Hopper, Planning, presented the request, advising that the applicant is proposing a townhouse development with the site plan indicating 74 units at a net density of 9.35 units per acre.  He reviewed the surrounding land use designations as outlined in the agenda memorandum.  He stated staff has met with the applicant regarding setbacks and buffers along the south property line and as a result of that meeting, staff is recommending changes in the development order that represent a compromise from the standard active/passive buffer requirements in the Land Development Code.  He stated staff recommends approval of the request subject to the following:  (1) Townhouse units shall be individually owned on platted lots; (2) Landscape buffers, a minimum of 25 ft. in width, shall be provided along East Lake Brantley Drive and Wekiva Springs Road.  A minimum of 4 canopy trees per 100 feet shall be planted in said buffers; (3) Outdoor lighting shall be shoebox/cutoff style fixtures, a maximum of 16 ft. in height; (4) A 6 ft. brick or masonry wall shall be constructed and maintained along the south property line; (5) There shall be a 15 ft. landscape buffer along the south property lines with four canopy trees and 5 understory trees per 100 ft.; and (6) Required setbacks from the south property line shall be 50 ft. for two-story buildings and 30 ft. for one-story buildings.  He stated staff is requesting that the Board adopt ordinances for the proposed requests.  

     Upon inquiry by Commissioner Maloy, Mr. Hopper advised there wouldn’t be a solid wall on the front of the building.  There will be some portion of the front wall from each unit offset from each other so there won’t be a solid wall effect.

     Commissioner Henley stated he would like to know how many of the units will have one, two and three bedrooms.

     Thomas Daly, applicant, addressed the Board to display an aerial map (not received and filed) stating this property is a 14-acre vacant parcel and he is proposing to rezone the southern portion of that, which is a little less than 10 acres. He displayed a site plan (not received and filed) and stated it is for the entire piece of property and it is for about 114,000 sq. ft. of office.  He stated the proposed use is for townhouses with 74 units.  He displayed a photograph (not received and filed) of two-story townhouses and he stated the starting price is $190,000.  The homes will have a detached garage with an alley in the rear, with guest parking on the street.  All of the townhouses will be three bedrooms.  The primary issues of the area residents were traffic, access onto East Lake Brantley Road, density and trees.  He displayed and reviewed a traffic analysis (not received and filed). 

     Upon inquiry by Commissioner Henley, Mr. Daly advised he agreed to have access off of Wekiva Springs Road.  He stated he feels they can preserve the existing trees.  The value of the property will start at $180,000 to $190,000 and the master association will maintain all of the grounds of the properties. 

     Upon inquiry by Commissioner Van Der Weide, Mr. Daly advised the development will not have access to Lake Gene Drive and Briarcliff Drive and he would like to look at PVC fencing as well.  There are a lot of trees around the property boundary and they can save more trees by using the PVC fencing.

     Upon further inquiry by Commissioner Van Der Weide, Mr. Daly advised an “emergency use only” entrance will be along East Lake Brantley Road.  He will be reviewing the issue of a citizen wanting to come out of the entrance on Wekiva Springs Road and wanting to make a left turn during the final engineering.

     Jerry McCollum, County Engineer, addressed the Board to explain for Commissioner Van Der Weide what the future plans are for East Lake Brantley Road. 

     Upon inquiry by Commissioner Van Der Weide, Mr. West advised the trip generation for East Lake Brantley Road will be level of service C and SR 434 will be LOS D.

     Commissioner Van Der Weide stated he feels staff should come up with a different number system for the level of service.  He stated he would say the road is in failure because it is designed to fail based on input of what the neighbors want and don’t want on Wekiva Springs Road.  He said the other issue is overcrowding of schools and Diane Kramer, Seminole County School Board, indicated that the Sabal Point Elementary School has a capacity of 900 students and at the current time it is 838 and 74 town homes.  The formula that the School Board uses would generate seven students in the elementary school.  Another issue is the flexibility of how they are going to handle the ingress and egress in that narrow right-of-way.

     Mr. Daly stated he has considered East Lake Brantley Road and he would not be opposed to it, however if that could be a condition that they can bring back during the final master plan, they will provide staff and the Board with the appropriate data.

     Commissioner Henley stated he supports the district commissioner, as the right-of-way is very narrow.  He said Mr. Daly did indicate that he will make whatever adjustments necessary, but he did not see that in the development order.

     Commissioner Van Der Weide stated he looked at this as the one remaining area that they can have this kind of development but this will have less impact than the office complex.

     Gladys Bernstein, 225 Shadow Bay Blvd., addressed the Board to state she was told that the entrance of East Lake Brantley Road would only be used as an emergency entrance.  She stated she believes Commissioner Van Der Weide suggested that East Lake Brantley Road, as well Wekiva Springs Road, be used because of the back-up on egress and ingress.  She said the Shadow Bay residents are against using East Lake Brantley for anything other than an emergency entrance.

     Commissioner Van Der Weide stated he believes staff needs to look at both roads, as he doesn’t know what is the best.  He stated he feels the entranceway on Wekiva Springs Road will have to be worked out.  He said there will be some changes to East Lake Brantley Road and it would make more sense for staff and the developer to look at both of these roads to see which makes the most sense.

     Chairman McLain stated another hearing will be held for the final site plan and he would encourage Ms. Bernstein to participate in that hearing.

     Steven Kurland, 302 Smokerise Blvd., addressed the Board to state he lives in the Sweetwater area and has lived there for 5 years.  He stated the issue he would like to address is the school in the area being under capacity.  He said since Sabal Point School is under capacity he would like to know why they have trailers and portables. 

     Chairman McLain stated the voters recently approved the 1-cent sales tax and 25% of that tax will go to the School Board.  The School Board is planning to deal with many of the portables.

     Brian Johnson, 210 Hickory Drive, addressed the Board to state he grew up in Sweetwater and since 1979 he has seen a lot of growth along Wekiva Springs Road.  He stated aside from the increased population in schools, he has also seen a dramatic increase in traffic.  He said his main concern is how much more traffic will they get with 74 units with two-car garages.

Joe Salyer, 662 Pine Shadow Ct., addressed the Board to state his main concern is the traffic.  He stated one gets an entire different feeling when they try to get to I-4 at 5:00 p.m. or early in the morning.  He said he would like the project delayed until the traffic in the area has improved.  The quality of life of the residents in the area will have a negative impact. 

District Commissioner Van Der Weide stated the Board prevented McDonalds and Amoco from going in that area.  The Board has said many times something is going to happen in that area and this is a step forward to lessen the impact.  He said he has lived in the area since 1975 and he feels the project makes sense.  He stated he would like to delete the commitment of having opaque windows on the second story. 

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.  Various E-mails and memos from area residents opposing the rezone request were received and filed.

     A concept plan, a preliminary master plan and a picture of the proposed townhome were received and filed.

     Letters from Centex Homes and County Engineer, Jerry McCollum, relating to the rezone request were received and filed.  E-mail from Diane Kramer, Seminole County School Board, relative to school enrollments in the area was also received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #2002-41, as shown on page ________, approving the Small Scale Land Use Amendment from Office to Planned Development; Ordinance #2002-42, as shown on page ________, approving the rezoning to PUD; approval of Development Order, as shown on page ________, property comprising approximately 9.9 acres and located on the west side of Wekiva Springs Road, ½ mile north of SR 434, as described in the proof of publication, Thomas Daly, with staff findings, subject to the access to be determined at the final master plan and with the elimination of opaque windows on the second floor.

     Under discussion, Commissioner Henley stated he would like to see in the development order that the architectural design be similar to those presented this evening.

     Upon inquiry by Chairman McLain, Commissioners Van Der Weide and Maloy agreed to including that as a friendly amendment.

     Districts 1, 3, 4 and 5 voted AYE.

     Chairman McLain recessed the meeting at 8:05 p.m., reconvening at 8:15 p.m.

MAJOR REVISION TO PRELIMINARY MASTER PLAN/DEEP

Lake PUD/Harvey Slayton and Susan Irelan

     Continuation of a public hearing to consider Major Revision to Preliminary Master Plan – Deep Lake PUD; property located south of SR 426, east of Tuskawilla Road, west of Deep Lake Road, as described in the proof of publication, Harvey Slayton and Susan Irelan.

     Matt West, Planning Manager, addressed the Board to state the applicant is proposing a major change to the Preliminary Master Plan for the Deep Lake PUD, approved by the BCC in April 2002.  He displayed a table (not received and filed) of the changes between the April 2002 plan and the plan presented this evening.  He stated the number of townhouse units was 65 and the proposed plan now has 180 units.  The previous plan showed the residential density to be approximately 9.2 dwelling units per net buildable acre and the proposed plan is changed to about 17.3 dwelling units per net buildable acre.  He said the April plan showed parking on each individual lot and the proposed plan shows that the community will share parking.  The previous plan comprised of three commercial tracts with 4.41 dwelling units per acre and the proposed plan has eliminated one of those commercial tracts.  They now have two commercial tracts comprising about 3.15 acres.  The recreational facility has changed the type and location based on some of the comments made and the new plan has centralized all of the common open space tot lot and sport court in the central part of the property.  He stated it is approximately located in the corner of the L shape located on the map displayed.  The retention ponds on the previous plan have been removed and the retention is being provided on the south Tuskawilla project.

     Upon inquiry by Commissioner Van Der Weide, Mr. West advised this development and the one to the south has the same developer but different owners. 

     Mr. West displayed the actual plan and stated he will be discussing some of the major issues that staff has been grappling with.  He stated the proposed plan has almost the same alignment as the previous plan.  The main access was along the east property line with the intent to align up with the median opening, provided in the SR 426 right-of-way.  Staff is encouraging and recommending that the Clayton property to the east would share access with this project so that both projects can have access on SR 426.  If they cannot get that access, the Deep Lake project would have to realign their access to the far west side of the project.  He said when the preliminary plan was reviewed in March 2002, there was a note on the preliminary master plan indicating that the developer wished to retain their right to develop up to 20 units per acre.  Staff did not note that in the report, but this is a major amendment hearing and it is negotiable.

     Mr. West stated staff does not object to this request based on the fact that it is HIP land use.  This project is a mixed-use project, with three acres of commercial and the balance being residential.  He said HIP was picked for this site in the early 1990’s and staff knew that the GreeneWay would be coming through, and they knew that this was going to be close to an interchange; and staff wanted a plan for higher intensity projects to be close to that interchange.  That is why staff is not objecting to the increase and the number of units.  The FDOT has the final approval on any access of this project or the Clayton project, where the access will be located and what will be the perimeters of the turn lanes.  If for some reason the developer cannot work out a joint access to the traffic light, this project could be limited to a right-in and right-out on the far west side of the project.  Staff does not support this as it is better planning to have safer access at a traffic signal rather than have a lot of U-turns made on SR 426.  He stated staff has no objection to the increase in the number of units.  There is an expected agreement between neighboring property owners, which would result in shared access at the FDOT approved intersection.  The intersection would serve this development and the other project on the north side of SR 426 and staff supports this concept. 

     Mr. West stated staff is recommending approval of the proposed revision with the conditions noted in the staff report.  He displayed a letter (received and filed) from Mr. Ira Jarvis indicating that the property owners to the south must agree to relinquish the old Deep Lake Road private right-of-way and agree to the new access prior to the final master plan.

     At the request of Chairman McLain, Mr. West read the following conditions for approval:  (1) Prior to final engineering approval, the developer must reach an agreement with the property owner to the East (Greenway Center South) regarding a joint access road to SR 426.  Said agreement shall include, but not be limited to, the following issues:  (a) Provision of utilities such as water and sewer specifying location, sizes and capacity to serve on each side of the joint access road; (b) Aligning the joint access road with the proposed driveway for the development on the north side of SR 426 (Greenway Center North); and (c) Specifying driveway locations along the joint access road for development on both sides.  Should an agreement regarding joint access not be reached prior to final engineering approval, access to SR 426 from the project must be moved as far westward as possible to provide the safest ingress and egress.  (2) Residential density shall not exceed 20 units per net buildable acre, as defined in the Seminole County Land Development Code; (3) Landscaping and lighting shall be consistent with the standards of the Lake Mary Blvd. Overlay Ordinance; (4) There shall be a 40 ft. setback provided adjacent to Mr. Saliga’s property to the south; (5) The County’s open space requirements shall be met for the entire PUD at 30 percent.  Individual lots for the proposed development shall provide at least 25% open space; (6) Prior to final engineering approval, the owner and County staff shall assess the feasibility of utilizing traffic-calming devices along Deep Lake Road; (7) The owner shall install hedges on the east side of Tuskawilla Road where it abuts the project; (8) Within the buffer between townhomes and South Tuskawilla Road, the owner shall install four 3” caliper oak trees per 100 lineal feet, and understory trees at 10 foot intervals; (9) The commercial/office portion of the PUD is approved for permitted and special exception uses within the C-2 zoning district, with the exception of off-site signage (billboards), mechanical garages, paint and body shops, contractor’s equipment storage yard, drive-in theaters, and adult entertainment establishments; and (10) The owner shall provide recreational amenities as shown on the Preliminary PUD master plan.

     Commissioner Van Der Weide stated in the last meeting’s minutes, he commented that when the Board receives documents at the last minute, it wasn’t the way to do business.  As it turns out he didn’t realize how this will apply to the issue tonight.  He stated this is so much different than what he felt comfortable with, it’s unbelievable.  He added that it is hard to recognize this project.

     Commissioner Maloy stated at the last meeting, it was brought up that agreements for access would be worked out.  He stated he would like to know if the County has an executed agreement.

     Mr. West stated the County doesn’t have an agreement, but staff has been working with FDOT and both property owners to try to facilitate an agreement so that they can get a common access at that traffic light.

     Jim Stelling, 216 Summerwood Trail, addressed the Board to state he is proposing a quality project well within the confines of the HIP district.  He introduced Ron Henson and Marcus Waters and stated they will be making a presentation to the Board.  He stated he is asking the four property owners to the rear to abandon a 14 ft. right-of-way in exchange for a 50 ft. public road.  They do have an agreement, but it has not been signed to date. 

     Upon inquiry by Commissioner Maloy, Don Fisher, Planning & Development Director, addressed the Board to advise that Mr. Jarvis indicated that when he sent his letter today, there was a misunderstanding and it was his intent not to delay this development tonight.  He submitted a letter to the developer and if they comply with the conditions in that letter, he would consent to the realignment of the road.

     Ron Henson, Design Services, addressed the Board to state a great deal of concern has been expressed about the density.  When the preliminary master plan was being prepared, his client was negotiating with several developers interested in the property and each one of them was interested in their own type of multi-family development.  He displayed and reviewed the conditions (not received and filed) for approval of the site data.  He stated the proposed units will be fee simple homes on platted lots and there will be common areas and common access and a gated community.  They are proposing that the project will be adjacent to single-family development. The original Preliminary Master Plan showed ten acres being used for the townhome development and this plan shows that four acres was added to that.    The preliminary master plan shows roughly 10 acres being used for townhouse development.  He displayed and reviewed photographs (not received and filed) of the townhouses that they are proposing. 

     Marcus Waters, Beazer Homes, addressed the Board to review the product they are proposing to build.  He stated the starting price is about $150,000 and it is a fee simple owned townhouse with a gated entrance.

     Upon inquiry by Commissioner Maloy, Mr. Waters advised the yard maintenance will be done by the master association. 

     Upon inquiry by Commissioner Henley, Mr. West advised the final density is 17.3 and no variance is required.

     Marcus Griffin, 2754 Regal Lane, addressed the Board to state he is the President of the Bear Creek Homeowners Association.  At the request of Mr. Griffin, over 40 people in the audience stood up opposing the request.  He stated a gated community has never kept him or a criminal out of that type of community, as it offers no security whatsoever.  He said as a police officer, he knows that high intensity development invites crime.  He stated he also knows that traffic accidents occur and this will be the most dangerous intersection in this area.  An accident occurred yesterday in front of this subdivision.  His subdivision is across the road from this project.  He submitted State of Florida Division of Administrative Hearings and Ethics Investigation (received and filed) from 1991 through 1993.  He said the land west of SR 417 is designated as high intensity planned unit development and it has been surrounded in a cloud of controversy and questionable ethics violation since the reclassification to HIP in 1987.  Prior to the controversial redesignation, the land was agriculturally zoned as general rural.  The inexcusable rezoning of these properties caused the State of Florida Division of Administrative Hearings to launch an ethics investigation of the matter in 1991 and they found enough probable cause to investigate how and why the properties were rezoned from medium density residential to high intensity.  He reviewed the 1991 ethics investigation against Mr. Hugh Harling and the 1987 10-year update of the Comprehensive Plan.  This property was never intended to be classified as HIP and it was done after the fact.  The Update Committee recommended that it be medium residential density.

     Craig Bailey, 5310 North Lake Burkett Lane, addressed the Board to state he represents 93 homeowners of Trinity Bay and they are not in opposition to the existing 65 homes that was approved, but they are strongly opposed to the 180 units.  He stated his main concern is the lack of compatibility with the existing neighborhoods.  He explained the meaning of compatibility.  He said he doesn’t feel that 180 units for 17.3 units per acre is compatible.  He referred to the Future Land Use Code and reviewed Sections 5.7B, 12.5C, 12.5B, 2.11 and transitional land use.  He displayed a map (not received and filed) showing the location of low density residential, high intensity development and the Trinity Bay townhouse complex for 65 units.  He stated his greatest concern is the 180-unit proposal.  The April 9 Administrative Order that evaluated the request was not recommended by staff because of the inconsistency with Land Development Code requirements, inadequate access to adjacent parcels, did not meet the open space and buffer, and was inconsistent with the County’s Comprehensive Plan.  The document stated that the 65 units could be compatible with adjacent land with appropriate development standards.  He displayed staff’s recommendation (not received and filed) indicating that the 65 units were not compatible.  He said now the staff is saying the 180 units are now compatible.  The active passive buffers have to be 15 to 50 ft. and the 65 and 180 units showed a 10 ft. buffer.  The September review indicates that the 180 units, with 17 units per acre, are comparable with the Trinity Centex Townhome with 10.5 units per acre, and that is a 62% difference.  Water retention is going to be another issue as the retention pond in this area is the highest ever.  He stated an apartment complex would be more suitable on the east side of SR 417.  He said he is proud of his neighborhood and he is trying to keep it safe for his family.

     Mr. West stated staff originally recommended denial prior to the April meeting, but issues were addressed to their satisfaction prior to the meeting.  He stated the issue of compatibility or transition was not the primary issue that staff had objections to.  He said staff had concerns about the traffic access.  There are examples throughout the County where apartment complexes of this density or slightly less are adjacent to single family residential.  With buffering and architectural standards, it has been found that they would be compatible.  Staff’s main concern was the access had not been finalized or addressed.  Staff’s concern was putting these types of densities, including the project to the south and they didn’t want to have a lot of U-turns and a right-in or right-out project.

     Patty Duffy, 8420 Admiral Point, addressed the Board to state she is not in opposition to the 65 units but strongly opposes the 180 units.  She stated the issues have not been addressed by staff including open space.  The second issue is buffer setback requirements.  The Land Development Code requires a 15 to 50 ft. buffer and 100 ft. for building setback.  She displayed a copy of the Land Development Code and stated the third issue is recreation.  The recreation area requires that the 180 units or 520 people must share one pool.  She said she would like to know what is being approved as the D.O. does not indicate whether 18 or 20 units per acre or 180 or 200 units are being approved.  She stated she questions the procedures of staff as this project is not compatible or consistent with the Comprehensive Plan or Land Development Code.

     Mr. West stated staff did not lower the open space amount and it will be 25% for each lot.  He stated there will be a slab, with a hoop, for multiple uses such as a sport court (1/2 court basketball).  A swimming pool and tot lot will also be provided.  The final density will be 17.3. 

     David Stevens, 2530 Creekview Circle, addressed the Board to state he moved into his neighborhood because it was a family neighborhood, it was an area with a good school system and this was an area they knew they would be in for a long time. 

     Upon inquiry by Mr. Stevens, Chairman McLain stated these are fee simple properties and taxes are paid on apartments just as well as on other real estate. 

     Mr. Stevens stated the biggest problem he has is this goes against the reason why he moved in this area.  He stated apartment dwellers are transients and do not become part of a family neighborhood.

     Sharon Schaffer, 2880 Regal Lane, addressed the Board to state she understands that the whole area of Aloma and Tuskawilla is changing drastically.  She stated they understand change, but what they are asking the Board to realize is that this is a family area.  The Board agreed that this area is a family-oriented area and now other issues are coming in.  She stated she lives two houses off of Aloma and she doesn’t have direct access into her community.  Due to many accidents in this area, she and her husband have been good Samaritans by helping those involved in them.  She said she doesn’t understand how any additional traffic in that small entrance between the GreeneWay and this property can be safe.  She added she wants the Board to realize that there is going to be a terrible weaving of traffic in that area and additional danger to their community. 

     Ann Crumbliss, 2641 Creekview Circle, addressed the Board to state rezoning this property is not compatible with the surrounding homes.  She stated this change in land use violates the Seminole County Comprehensive Plan for transitional phases.  She said she objects to this project because of the impact of the school system and traffic.  She added she did not oppose the office buildings as she felt that was fair and compatible, but they are opposed to the density. 

     Wendy Saliga, 3055 Tuskawilla Road, addressed the Board to state her property is right next to this project.  This project is not the quality project they were sold on.  The 65 townhomes would have ample amenities and retention areas and the 180 townhomes do not have this.  She displayed a site plan (not received and filed) and she stated the proposed project is a downgrade in quality, and she has concerns about the removal of the retention pond and substantial increase of asphalt.  She stated at the last Board meeting, the applicant indicated that they wouldn’t touch their muck pit.  She displayed photographs (not received and filed) of standing water and John Evans Elementary School.   She said her community cannot handle this impact and she would ask the Board not to leave them with this burden. 

     Chris Saliga, 3055 Tuskawilla Road, addressed the Board to state he supported the original Deep Lake PUD project.  According to the prospectus, not only will they pay off the stockholders with the money for the property, but also they will own, free and clear, the commercial property.  The property is designated HIP and whether it had a HIP designation didn’t seem to matter when they presented the project.  He stated he applauds staff for recognizing that it wasn’t the same project and brought it back to the Board.  He reviewed some projects that have been denied by the Board based on units and compatibility and those projects that were approved.  He said the new project has more units than the apartments that were denied.  Additionally, Mr. Stelling is the Chairman of the Seminole County Republican Party and Vice Chairman of the Florida Republican Party and is a partner of this project; and he feels that would bear considerable influence just like County Commissioner Morris who is a partner as well.

     Stan Bessmer, 1301 Glastonberry, addressed the Board to display a newspaper article (not received and filed) relating to Commissioner Morris and Mr. Stelling and stated when he saw this article it broke his heart as he has lost a friend.  He stated the traffic is overloaded to date and now they are trying to overflow into a piece of property.  He added Commissioner Maloy should remove himself from voting on this project as he is under question of the Sunshine law as well as Commissioner Morris.  He said every student in the County knows what the Sunshine law stands for and the Board should form a committee to establish ethics on what they can and cannot do.  He stated he would recommend the Board just ignore this whole thing by not passing it.

     Jay Davis, 4477 Gabriella Lane, addressed the Board to state he opposes this proposal as amended, but supports the 65 homes as originally proposed.  He stated he and his wife moved into this area 14 months ago and this project goes against a low-density residential area.

     Peter Acks, 5780 Deep Lake Road, addressed the Board to display an aerial map (not received and filed) and stated the original 65 units had a 1.5-acre retention area, which has been deleted from the new project.  He stated the water is supposed to be diverted to the 11-acre retention area next to his property and he is concerned with that. 

     Upon inquiry by Commissioner Maloy, Mr. Acks advised he is close in negotiating the easement agreement, but it has not been signed.

     Mahmoud Najda, Development Review Manager, addressed the Board to state staff will determine the stormwater issue when they review the final engineering plan.

     Bill Nichols, 5415 Lake Howell Road, addressed the Board to state he has lived in the area since 1939 and he has seen a lot of changes.  He stated he lived in California for about 15 years and he did a great deal of work for real estate developers and builders and the vast majority of those projects were proposed at one level and approved to a greater density.  Most of the builders in California now build in the State of Florida and he would suggest that the County take a look at where those builders have worked and is now doing work.

     Todd Husty, 5690 S. Lake Burkett Lane, addressed the Board to speak against the project.  He stated his wife wants him to speak about how high density housing will impact schools and his main concern is the kids and the availability to a certain lifestyle and one they would like to enjoy.

     Linda Dodge, 611 N. Wymore Road, addressed the Board to state she is here representing the Claytons and Mr. Banks, who are the property owners of the 24-acre vacant land east of this project and the 72 acres north of Aloma.  She stated the Claytons have asked her to speak in support of the project as they believe the proposed increased density is appropriate and it is consistent with HIP future land use.  She said she has met with Mr. Stelling, the Centex members, and members of Beazer and other interested parties working on this subdivision and have come close to an access agreement.  The major access would come on to the Clayton property and go out at the FDOT approved intersection.  She added she would ask the Board that if they are unable to work out an access agreement that they would place a requirement of placing access along the western boundary line.  That western boundary line access would be a temporary access and the access to these subdivisions would ultimately be determined by FDOT.  She stated she believes the Board had indicated that if the main access is not worked out, access on the western boundary line should be utilized until the Clayton property is developed and then at that time closed.

     John Koser, 1905 Cyril Ct., addressed the Board to state he is representing Kawilla Crest Homeowners Association.  He stated the members of the homeowners’ association are against any more than 65 units on that property.  He said he would like to yield the rest of his time to Mr. Griffin.

     Mr. Griffin stated Mr. Hugh Harling served on the South Central Citizen Advisory Committee and the Policy Steering Committee.  Staff recommended on June 3, 1987 Commercial use for the land east of the Expressway, including office, and Median Density Residential land use west of the Expressway.  However, the South Central Advisory Committee voted unanimously to recommend medium density residential west of the Expressway.  Mr. Harling underminded the committees and made a motion to recommend the land be zoned to High Intensity Planned Unit Development, benefiting the Clayton’s interest.  The motion was approved without the other members knowing the original intent of the land use, which is supposed to be zoned as Medium Density Residential.  The State of Florida Ethics Investigation found that the Claytons and Mr. Harling were not in a professional relationship at that time and excused him of wrongdoing.  However, they both entered into a professional relationship in October 1987, three months after the rezoning was accomplished.  He said he is talking about high intensity that should never have been.  He stated he feels it should go back to the way it is supposed to be.

     Dan Chapman, 2578 Creekview Circle, addressed the Board to discuss the traffic.  He stated the areas that approach the GreeneWay are going to be developed some day and that area will significantly be increased by traffic.  He said he is a Master Planning Manager at Lockheed Martin and if he was presented with a master plan without knowing the unit density, he would throw it out of his office.  He asked the Board to deny both applications.

     Chairman McLain read comments from the following opposing the proposed request:  Michael Cvcmanick; Lyle Robinson; Melissa Dotson; Craig Rudolph; Douglas Urig; Martin Szuba; Amber Szuba; Ron Person; Lisa Person; David Ellwood; Karen Flint; Stephen Lynch; Thomas Langkar; Maurice Flint; Lani Harris; Gail Prager; Penny Boyd-Gear; Sharon Schaffer; Peggie Pulliam; Douglas Pulliam; Christianne Robinson; Sandy Griffin; Bernie Crumbliss; Debra Warner; Catherine Beard; William Beard; Ann Bryant; Patty Duffy; Ken Landy; Jana Curtsinger; Mark Gear; Kyle Spradlin; Kenneth Prager; and a fax from Michael Cycmanick.

     Chairman McLain submitted a Petition, as shown on page ________, from area residents opposing the revision to the Preliminary Master Plan.

     A lady from the audience addressed the Board to inform them that they ran out of Speaker Request and Written Comments Forms by the time the meeting started.

     Stephen Lynch, 5520 South Lake Burkett Lane, addressed the Board to state his insurance has tripled since he has been living at Trinity Bay because the brick wall keeps getting hit by the traffic.  That wall has been repaired eight times over the last five years.  He stated any additional traffic will add to this.

     Diane Kennedy, 8445 Anson Way, addressed the Board to state she has lived in the area for almost 12 years and she has been a visiting nurse for a number of years and she knows it is not difficult to get into a gated community.  The traffic has been so bad there, and the residents petitioned for a traffic light in front of her development and could not get it.

     Ken Landy, 5540 South Lake Burkett Lane, addressed the Board to state there was a brief discussion on water retention and runoff and that is a major issue and he wants to make sure that doesn’t get lost in the shuffle.  He stated he is concerned that the runoff from this project will create an issue for his neighborhood.

     Mr. Stelling stated he would like to inform the Board that he has not done anything unethical or improper in this case or any other case.  He displayed a map showing that there is now 4 more acres in town homes than there was and that counts for the density increase.  He stated if this wasn’t town homes, then he can assure everyone that, based on the price of the land, it isn’t going to be 5-acre or 1-acre lots.  It has to be something that is high intensity.  It could be an apartment complex.  However, these are fee simple titled town homes and a gated community.  It could have been some kind of big box, but this is a quality development that complies with all of the County codes and regulations.  He said he has worked very hard for almost a year to make this a quality project and they have complied with all the adjacent landowners’ requests.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.  An e-mail from Judy Ackerman opposing the proposed revision was also received and filed.

     Upon inquiry by Chairman McLain, Mr. West advised the original PUD had three commercial lots and a retention pond component.  The revised plan has two commercial lots and the retention has been relocated to the south development.  The third commercial lot has been expanded.

     Commissioner Van Der Weide stated if this proposed plan was originally presented to the Board, he would never have supported it.  He stated he personally feels that the quality has deteriorated and this is something completely different from the original plan.  He believes this is a “bait and switch”.

     District Commissioner Maloy stated there are three big issues and one is where will the main entrance go.  He stated an agreement has not been signed and they should have had it prior to the final site plan.  The other issue deals with the easement of the private property owners as that was part of the preliminary approval process and that has not occurred either.  He stated he feels the previous plan of 9.2 units per acre is more compatible than the revised new plan.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to deny request for a Major Revision to Preliminary Master Plan – Deep Lake PUD; property located south of SR 426, east of Tuskawilla Road, west of Deep Lake Road, as described in the proof of publication, Harvey Slayton and Susan Irelan.

     Under discussion, Commissioner Henley stated the easiest thing to do is to vote to deny, but he has a difficult time in doing that knowing that they are still within the appropriate units.  The applicant has increased the amount of acreage and has eliminated part of the commercial.  The issues regarding zoning and traffic, and concurrency and he knows the drainage situation, will have to meet appropriate engineering.  The setbacks were specified.  He stated he believes that if the Board denies this, they are going to see requests for much higher density or a shopping mall.  The landowners have a right to sell and the developers have a right to develop as long as they stay within the rules and regulations.  He said he feels the developer has met the requirements.  This is not the first developer to ask for changes and he finds it difficult to say no to this.  He said he has not heard the applicant say whether they are willing to make any adjustments.  He stated he will probably be voting against the motion because he feels that the applicant has complied with all the requirements.

     Upon inquiry by Chairman McLain, Mr. West advised he would need some time to figure out how many units are needed for the additional properties to maintain the same net density.  Whereupon, Chairman McLain recessed the meeting at 10:10 p.m., reconvening at 10:17 p.m.

     Mr. West stated the existing density of the previous plan was 9.2 dwelling units per acre and the net acreage, adding in the additional acreage, would be 111 units.

     Chairman McLain stated there was discussion this evening about some ethics complaint relative to Mr. Harling.  Mr. McMillan stated he believes that occurred in the early 1990’s and Mr. Harling was cleared of that and this is irrelevant of any Board decision made tonight.

     Commissioner Maloy stated he feels the plan has changed dramatically and the only thing he can see the Board moving forward on is the plan previously submitted.

     Commissioner Henley stated that means what was approved previously stays in effect.

     Chairman McLain stated that is correct.

     Districts 1, 3, and 5 voted AYE.

     Commissioner Henley voted NAY.

REGULAR AGENDA

     Approval of a combined Final Master Plan and Developer’s Commitment Agreement for the Deep Lake PUD and the South Tuskawilla Road property PUD; property comprising approximately 60 acres, located south of SR 426 and east of South Tuskawilla Road, Harvey Slayton and Susan Irelan and Aloma Development LLC, was presented.

     Mr. West stated the plan before the Board reflects on the item that was just denied.  He stated the only option is either deny this request or continue it to allow the applicant time to modify the final master plan to match the previous plan.

     Charles Madden, representing Beazer Homes, addressed the Board to state the two plans (Revision to Preliminary Master Plan and Final Master Plan) were originally approved independently and subsequent to that because there was going to be shared retention and lift station, staff recommended that they make it one PUD.  He said he is not sure what to do with this situation.

     Mr. West stated regardless of the revision that has just been denied, in either case, whether they are separate or not, they both had a condition on the alignment of the roadway that was just denied.

      Chairman McLain recessed the meeting at 10:25 p.m., to allow staff and the applicant time to discuss this issue.  The meeting was reconvened at 10:30 p.m.

     Mr. West stated at this point, the Board cannot act on this request tonight because it doesn’t reflect the old commitments and design.

     Chairman McLain stated the applicant is requesting a continuance until October 22, 2002.

     Mr. Stelling stated he would like the Board to continue this request in order to give them time to work out these issues.

     Mr. Grace informed the Board that this item was not a public hearing and they do not have to continue it to a date certain.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to continue to October 22, 2002 on the regular agenda, request for approval of a combined Final Master Plan and Developer’s Commitment Agreement for the Deep Lake PUD and the South Tuskawilla Road property PUD; property comprising approximately 60 acres, located south of SR 426 and east of South Tuskawilla Road, Harvey Slayton and Susan Irelan and Aloma Development LLC.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE/SCHOOL BOARD

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PLI (Public Lands and Institutions); property described as a 45 acre parcel located on the east side of Markham Woods Road, ½ mile south of Markham Road, Seminole County School Board, received and filed.

     Kathy Fall, Planning, addressed the Board to state staff findings are as follows:  (1) The proposed rezoning is consistent with the Vision 2020 Plan policies related to the Suburban Estates future land use designation in the Wekiva River Protection Area and the East Lake Sylvan Transitional Area; (2) The proposed rezoning is compatible with adjacent residential uses; and (3) The proposed middle school will provide additional student capacity in serving the surrounding community.  She stated staff recommends approval of the rezoning ordinance.

     Upon inquiry by Commissioner Maloy, Ms. Fall advised at this time this request does not require a site plan submittal, it is only based upon the use of the property being a school.

     Diane Kramer, Seminole County School Board, addressed the Board to state she would like to reiterate that what is before the Board tonight is only a rezoning and not approval of a site for a middle school.  She stated what the School Board is asking for is to have an appropriate zoning classification.  She said it is designated for a middle school site and has been for some time.

     Keith Schue, representing the Central Florida Sierra Club, addressed the Board to state the Sierra Club does not support this request as they have some concerns relating to what the intensity of development would do in terms of traffic on Markham Woods Road and the wildlife being killed on that road.  He stated he would like to thank staff and the School Board for considering alternative locations for this school.  If the Board moves forward on this, he would ask that the Sierra Club and Friends of the Wekiva River be allowed to participate in the discussions about the site plan.  He stated he believes there is an opportunity to provide substantial buffers to the north and east.  There is a wetland area that can be maintained.  The bears have been impacted on Markham Road and he would urge the School Board and the County to look at how they are going to address that situation.

     Easlyn LaBeach, 641 Wheeling Ave., addressed the Board to state she owns a 5-acre parcel in the Markham area and she would like to know how this rezoning will affect her.

     At the request of Chairman McLain, Mr. Fisher responded to Ms. LaBeach’s concerns.

     Satish Shah, 1577 Cherry Ridge Dr., addressed the Board to state he supports the middle school and he was promised that a middle school would be built when he bought his home two years ago.

     Joe Nunziata, 1581 Cherry Ridge Dr., addressed the Board to state he is in favor of the rezoning request as it will help decrease busing kids across the town.

     Irene Gonzalez, 908 Keisfield Circle, addressed the Board to state she supports the request.

     David Cruz, 1585 Cherry Ridge Dr., addressed the Board to state there is going to be more plan initiatives in place and more approvals for this site.  He stated he is in favor of the request and he would like to stay focused and reiterate what was said before.

     Chairman McLain stated the following have submitted Written Request Forms supporting the request:  J.D. Wood; Cindy Winzeler; Linda Garwine; Letter from Patricia Kaldor supporting the request; Terrel Wattman; George Malki; and Steve Martinelli.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     District Commissioner McLain recommended approval of the rezoning request with staff findings.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2002-43, as shown on page _________, approving rezone to PLI (Public Lands and Institutions); property described as a 45 acre parcel located on the east side of Markham Woods Road, ½ mile south of Markham Road, as described in the proof of publication, Seminole County School Board, with staff findings. 

     Under discussion, Commissioner Maloy stated he would like staff to address the problems they have had on the other sites.

     Districts 1, 3, 4 and 5 voted AYE.

AMENDMENT TO SEMINOLE COUNTY’S VISION

2020 FLU POLICY 1.7/Seminole County School Board

     Proof of publication, as shown on page _______, calling for a public hearing to consider Amendment to the Seminole County’s Vision 2020 FLU Policy 1.7, Seminole County School Board, received and filed.

     Kathy Fall stated staff findings are as follows:  (1) It was not the intention of staff to restrict the use of property owned by the Seminole County School Board, prior to October 26, 1999.  It was intended to prevent additional properties within the Wekiva River Protection Area from being developed as middle or high schools; and (2) Elementary schools and middle schools are similar in respect to the type and the intensity of impacts to the surrounding areas.  High schools, on the other hand, have a much higher intensity and greater impacts to the surrounding area.  This, in part, is due to the larger student body, the amount of traffic generated, and the greater demand for sports facilities.  Therefore, staff proposes prohibiting high schools within the entire Wekiva River Protection Area.  Middle schools function in a similar manner to elementary schools and thus, should only be permitted in the E. Lake Sylvan Transitional Area.  She stated staff recommends approval of the request with the proposed language:  “Nothwithstanding any other provision of this Plan, middle schools and high schools shall not be permitted on property within the Wekiva River Protection Area except that middle schools shall be permitted on property located within the East Lake Sylvan Transitional Area.”

     Ms. Kramer stated she feels the new language is more consistent with everything else in the Comprehensive Plan.  She stated the School Board will be working with everyone on the middle school site plan.  The one thing they do different now is to build schools back farther from the road. 

     Keith Schue stated when the County is talking about the stacking and the fact the building is farther back from the road, he would like to add that there is an opportunity to provide some revegetation and to plant some trees along the roadway.

     No one else spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt Ordinance #2002-44, as shown on page _________, amending Seminole County’s Vision 2020 FLU Policy 1.7, with the proposed language as indicated by staff, as described in the proof of publication.

     Districts 1, 3, 4 and 5 voted AYE.

TEXT AMENDMENT TO THE FUTURE LAND

USE ELEMENT OF THE VISION 2020 PLAN

     Proof of publication, as shown on page _______, calling for a public hearing to consider Text Amendment to the Future Land Use Element of the Vision 2020 Plan to add a policy to allow division of non-conforming lots into two parcels in the East Rural Area, under special circumstances, in the A-3, A-5, and A-10 zoning districts, Seminole County, received and filed.

     Dick Boyer, Planning, addressed the Board to review the proposed request as outlined in the agenda memorandum.  He stated staff is recommending that this item be denied or continued to the 2003 Spring Cycle, so the staff can better determine how this policy should be implemented.

     Deborah Schafer, 1740 Brumley Road, addressed the Board to state she is the President of the Southeast Seminole County Voters Association.  She stated she would like to explain how the lot split issue came about.  She gave a brief history of the Development Advisory Board (DAB) and their influence on the Comp Plan and the County.  She stated the DAB recommended that staff look into DCA’s interference in amending the process.

     Upon inquiry by Chairman McLain, Ms. Schafer advised she supports staff’s recommendation to deny the request.

     Ms. Schafer reviewed some examples of how the land split came about and issues that were done in 1991.  She stated if the DAB had done their homework they would not have been discussing this today.  She questioned how this issue got on the docket in eight (8) days and said she would like to know what the cost of this has been. 

     Andrea Holman, 1208 Clinging Vine Place, addressed the Board to display information (received and filed) of a little history of the DAB minutes dated 11/3/97; 8/3/98; 9/12/98; and 7/22/99.  She reviewed family subdivisions and the County’s response and the DAB minutes dated 6/4/01 and the BCC minutes dated 8/14/01.  She displayed and reviewed the proposed changes to provide for Rural Lot Split and the criteria applied in the Rural Lot Split study.  She stated her final question is why are they talking about Rural Lot Splits and how did they get back to 1991.  She stated she believes that some County staff and Commissioners are either being fooled by DAB or are friends of the DAB.  She said this is supposed to be about De Minimis.

     Jim Logue, 3205 Elm St., addressed the Board to state he is not sure he understands what is trying to happen here.  Discussion ensued between Chairman McLain and Mr. Logue relative to the lot splits.

     Chairman McLain stated the Board has worked hard to maintain the rural boundary and all they are trying to do is deal with a few country folk that have a problem.  He added there is no conspiracy with the DAB.

     Commissioner Van Der Weide stated the Board directed staff to look at the lot splits, not having any idea how many people would be in this situation.  He stated the Board has read articles in the newspaper that thousands of lots were going to be split and the County is going to ruin the whole east side.  Staff has dwindled this down to a very few parcels. 

     Keith Schue stated he thinks there is still some confusion between lot splits and de minimus.  He said staff has reviewed this for many months and this issue dwindles down to almost nothing.  He stated his concern is Seminole County is now embarking upon a double standard.  Two sets of criteria can emerge from this.  One set applies to everyone in the County and the other would be inserted in the Land Development Code for one, two or three people that will be affected by this.  The danger is that you are creating an unstable Comp Plan.

     Upon inquiry by Commissioner Maloy, Mr. Fisher advised the intent behind the de minimus corrections to address everyone’s concerns that were expressed. 

     Upon further inquiry by Commissioner Maloy, Mr. Fisher explained why staff is uncomfortable with this.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to deny Text Amendment to the Future Land Use Element of the Vision 2020 Plan to add a policy to allow division of non-conforming lots into two parcels in the East Rural Area, under special circumstances, in the A-3, A-5, and A-10 zoning districts, as described in the proof of publication, Seminole County, as requested by staff.

     Under discussion, Mr. Grace suggested that staff implement what they have already done (de minimums) and staff can inform the Board of any problems that come forward.

     Districts 1, 3, 4 and 5 voted AYE.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:26 p.m., this same date.

 

 

ATTEST:______________________Clerk______________________Chairman

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