BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

DECEMBER 8, 1998

 

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:08 a.m. on Tuesday, December 8, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)(late)

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

Commissioner Daryl McLain (District 5)

Deputy County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Eva Roach

 

Absent: County Manager Gary Kaiser

 

Commissioner Van Der Weide entered the meeting at this time.

The Invocation was given by Pastor Ron Williams, Palmetto Avenue Baptist Church, Sanford.

Commissioner Grant Maloy led the Pledge of Allegiance.

Chairman Henley advised that Gary Kaiser, County Manager, is ill and Cindy Coto, Deputy County Manager, will be handling the briefing.

COUNTY MANAGER’S BRIEFING

CRYSTAL CHAIN OF LAKES LAKE LEVEL MANAGEMENT STUDY

Mark Flomerfelt, Stormwater Manager, addressed the Board to introduce Scott McClellan of Camp Dresser & McKee to review the recommendations of the study. Agenda Memorandum and Crystal Chain of Lakes Study information were received and filed.

Scott McClellan addressed the Board to introduce Brian Mack of Camp Dresser & McKee. He stated public hearings were held relative to this issue and one of the public groups wanted higher elevation in the lakes for waterfront property. The other group wanted lower elevation for flood control. Both groups wanted to improve water quality in the lakes and to control development. He stated Camp Dresser & McKee worked closely with the City of Lake Mary, the City of Sanford and the St. Johns River Water Management District (SJRWMD). He displayed and reviewed a map of the jurisdictional areas and the following five alternatives: (1) Improve connection between the two lakes and the control structure of the force weir at 44.3 ft.; (2) Improve connection between the two lakes but to reduce the elevation at the DeForest Weir to lower the lake level; (3) Improve connection between the two lakes, keep the elevation at the DeForest Weir at the same elevation as it is today, but widen the weir to allow more water to exit the system; (4) Increase operation and maintenance of the existing system; and (5) Retrofit the water quality of stormwater ponds, swales, unpaved streets and identified systems with no treatment facilities. He stated Camp Dresser and McKee feels that none of these structural alternatives are any better to increase the flood benefits than the existing system. Their recommendation is to maintain the lake levels at 43.27 ft., as it does not cause significant flooding of the primary system, and to choose Alternatives 4 and 5. He said Camp Dresser and McKee found some secondary flooding on Country Club Road, Timacuan Blvd. and the Manderly Subdivision and they feel that these need to be addressed. He added their final recommendation is the County needs to monitor the progress of the Lake Mary Water and Sewer Master Plan.

Upon inquiry by Commissioner Maloy, Mr. Flomerfelt stated staff is aware of only one structure in the City of Lake Mary area that has been flooded.

Upon further inquiry by Commissioner Maloy, Mr. McClellan advised the County has been working with the cities relative to this issue. These improvements were pointed out to the Cities and it is up to them to implement this program.

Mr. Flomerfelt advised the City of Lake Mary has already started the process and is working on these issues.

Commissioner McLain stated this issue has been on the burner for a number of years and he is satisfied with the results. He stated those lakes have been dried up for many years and they are just now starting to build up to the weir level. The County has identified the problems that can be corrected and they can make improvements to obtain better water quality in these lakes. Hopefully both sides will benefit from this process. He said by widening these weirs to allow more water to escape is a major step forward.

Upon inquiry by Chairman Henley, Mr. McClellan advised the cost analysis is in the report.

U.S. 17-92 FERN PARK IMPROVEMENTS-HARDSCAPING

Jerry McCollum, County Engineer, addressed the Board to introduce John Moore, Professional Engineer, Public Works.

John Moore addressed the Board to advise staff looked at several alternatives relative to wall-type entranceway features, street furniture and surface texturing. The wall type concepts and street furniture were eliminated because of right-of-way constraints, site distance and other existing issues. He said staff focused on service texturing and three concepts were addressed. The first was rolled-in embossed asphalt product and the second was Portland cement concrete. Both of these options involve removing good sound existing materials just in part of the surface texturing. The third concept that was looked at was dex spray. This is a service application used in theme park areas and it is skid resistant and oil and grease resistant. The cost for the material is 45 cents per square foot and 75 cents per square foot if a contractor installs it. A concrete surface will need to be installed underneath it, therefore, $1.80 per square foot would be added to the contractors installation, bringing the total cost to $2.55. He said the templates will be turned over to the County for future use and he was informed that the Road Division employees may be sent to the installer’s school in Tampa for training. That will bring the cost down to 45 cents per square foot. Staff has attended several homeowner association meetings and met with civic groups along the corridor, and they are very excited about this product and this project.

Upon inquiry by Commissioner Van Der Weide, Mr. Moore advised this material would hold up on the curbs when large trucks go over them. The installer school did tests on this material and found that it is very tough and were resistant.

Commissioner Van Der Weide stated it sounds like this is a good project and it is something that can be used throughout the County.

Commissioner McLain stated he is excited about moving forward with another initiative as they have made some substantial improvements along the highway.

The Board voiced no objections to proceeding with in-house design and outsourcing construction of the recommended textured hardscaping system.

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Chairman Henley advised that Commissioner Morris called earlier this morning and indicated that he is at a family function and will be late.

OVIEDO JPA AGREEMENT

Ms. Coto stated staff would like this item discussed at the same time as the Battle Ridge item. The Board voiced no objections.

COUNTY MANAGER’S CONSENT AGENDA

Ms. Coto informed the Board of two revisions to the Consent Agenda. She advised that page 5 of Item #8, Central Florida Chapter of the Paralyzed Veterans of America Agreement, regarding insurance requirements has been revised. She said Risk Management and the County Attorney’s office has reviewed same and has no objections to the revision. She stated the School Board’s attorney had concerns relative to the hold harmless liability indicated in Section 8, Subsection C of Item #2, School Facility Joint Use Agreement. Staff has discussed this issue with the County Attorney’s office and would like Board authorization for the County Attorney to finalize that section after discussion with the School Board’s attorney.

Commissioner McLain stated with regard to Item #14, Budget Amendment Request (reconstruction of homes destroyed by fire), the County has done an excellent job with the tornado relief and he is happy that they are able to move forward with this issue also.

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

Community Services

  1. Approve and authorize Chairman to execute FY 98/99 Community Service Agency Agreement, as shown on page _______, for Child Protection Team ($5,000).

County Manager

2. Approve and authorize Chairman to execute the School Facility Joint Use Agreement, as shown on page _________, among the City of Sanford, Seminole County School Board and Seminole County Government.

 

 

Environmental Services

Administration

3. Approve and authorize Chairman to execute Wholesale Sewage Treatment and Disposal Agreement, as shown on page ________, between the City of Longwood and Seminole County.

 

Solid Waste

4. Adopt appropriate Resolution #98-R-253 and Resolution #98-R-261, as shown on page _________, and authorize Chairman to execute County Deed and Temporary Easement Purchase Agreements, as shown on page _________, for the purpose of constructing State Road 417 (FDOT parcel Nos. 282.1 and 703.1), FDOT.

 

Utilities

5. Approve and authorize Chairman to execute Exhibit "G", as shown on page _________, to the Utility Agreement for Sewer Services for Lakeview Club Apartments.

Water and Sewer

6. Approve and authorize Chairman to execute the Amendment, as shown on page _________, to the Joint Participation Agreement between City of Sanford, City of Lake Mary and Seminole County providing potable water and reclaimed water distribution infrastructure for the Rinehart Road and Heathrow areas.

7. Approve and authorize Chairman to execute the Joint Funding Agreement, as shown on page _________, between the U.S. Geological Survey (USGS) and Seminole County for FY 98/99.

8. Approve and authorize Chairman to execute Agreement, as shown on page _________, with the Central Florida Chapter of the Paralyzed Veterans of America for an organized hunt at the Yankee Lake Wastewater Treatment Facility.

 

Fiscal Services Department

Administration

9. Adopt appropriate Resolution #98-R-254, as shown on page _________, establishing a Solid Waste Stabilization Fund.

 

Budget

10. BCR #99/12 ($26,723), Administrative Services/Support Services Fund 00100, General Fund; accounting adjustment to move funds from Support Services to Facilities Maintenance.

11. BCR #99/14 ($5,670), Administrative Services/Support Services Fund 00100, General Fund; copy machine for Public Safety has broken down and is irreparable. Funds are available to purchase this replacement since the copier contract was less than anticipated.

12. BCR #99/16 ($4,550), Library and Leisure Services/Parks and Recreation Fund 00100, General Fund; accounting adjustment to place funds in the appropriate account lines for the purchase of two radios with chargers.

13. BCR #99/20 ($15,900), Public Works/Stormwater Fund 13000, Stormwater Fund; accounting adjustment to place funds budgeted for five replacement radios in appropriate account lines.

14. Budget Amendment Resolution #98-R-255, as shown on page _________, ($100,000), Comprehensive Planning/Community Development Block Grant (CDBG); Fund 12099, SHIP 98/99 Fund; to recognize and appropriate additional disaster funds awarded. Funds are allocated for the reconstruction of the homes destroyed by fire in Geneva.

15. Budget Amendment Resolution #98-R-256, as shown on page _________, ($33,535), Comprehensive Planning/Community Development Block Grant (CDBG) Fund 11902, HOME 97/98 Fund; to budget unspent funds from 97/98 HOME Grant into the appropriate FY 98/99 account line to reflect proper salary expenditures to be reimbursed by the grant.

16. Budget Amendment Resolution #98-R-257, as shown o page _________, ($230,319), Public Works/Engineering Fund 10101, Transportation Fund; to recognize anticipated receipt of revenues for city utility relocation projects which were not completed in FY 1997/98. Utility projects include: City of Casselberry/Howell Branch Road ($21,751); City of Casselberry/Seminola Boulevard ($55,106); City of Sanford/Sanford Avenue ($43,191); and City of Altamonte Springs/Montgomery Road ($110,271).

 

Purchasing

Formal Contracts

17. Approve and authorize the Chairman to execute Change Order #1, as shown on page _________, to FC-153-98/BJC – US 17-92 Fern Park Sidewalk and Landscape Improvements with Triple G Service Corporation, Inc., Bunnell ($23,556.00).

18. Award FC-154-98/BJC, as shown on page ________, Dixon Road Paving and Drainage - MSBU Project, to Stage Door II, Inc., Apopka ($165,126.50).

19. Award FC-157-98/BJC, as shown on page _________, Myrtle Street Culvert to Technical Specialty Constructors, Inc., Ocala ($247,487.10).

20. Approve and authorize Chairman to execute Change Order #3, as shown on page __________, to FC-132-98/BJC – Rinehart Road Landscape Project, with Phoenix Hayes, Inc., West Palm Beach (time extension).

Professional Services

21. Approve ranking list for PS-533-98/BJC – Design Services for Markham Woods Road – Widening to three (3) lanes, authorize negotiations, award Agreement, as shown on page _________, to Inwood Consulting Engineers, Inc., Orlando, (Not-to-Exceed $150,000.00).

22. Approve Amendment #3, as shown on page _________, to PS-331-95/BJC – Design Services for Lake Drive (Seminola Boulevard to Tuskawilla Road) with Lockrane Engineering, Inc., Orlando ($74,428.00).

23. Award RFP-448-98/BJC, as shown on page ________, Homeownership Pre and Post Counseling and Education Activity, to Central Florida HANDS, Orlando (Not-to-exceed $50,000.00).

24. Award RFP-452-98/BJC SHIP Rental Construction/Rehabilitation Assistance Subsidy, to National Church Residences/Sanford Green Apartment Limited Partnership, Columbus, Ohio, (Available Funds up to 480,000.00).

25. Approve First Renewal to RFP-422-97/BJC – Financial Services Consultant Agreement, with Hanifen, Imhoff, Inc., Orlando (February 22, 1999 through February 23, 2000) (Not-to-Exceed $50,000.00).

 

Planning & Development

Administration

26. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page __________, with the City of Winter Springs for the re-alignment of the Cross Seminole Trail through the Winter Springs Town Center; and authorize staff to transmit correspondence to the State Office of Greenways and Trails that outlines provisions under which the County approves re-alignment of the Trail.

 

Building

27. Approve and authorize the conversion of five (5) temporary Building Division positions to Permanent/Full-time positions as recommended by the Home Builders Association and Construction Industry Council (four Lead Inspector positions, pay band 4; one Association Technician position, pay band 2).

 

Comprehensive Planning

28. Approve and authorize Community Development staff to amend the 1994/95, 1996/97 and 1997/98 Consolidated Plans for the following activities and funding levels: Tajiri Arts School (1994/95 and 1996/97), up to $100,000; Lone Pines Subdivision Street Lighting (1997/98), up to $2,000; and J.U.T.E., Inc. (1997/98), up to $25,000.

 

Development Review

29. Approve and authorize the issuance of a County transportation impact fee refund of $101,376.00 to Epoch Properties, regarding the Willa Springs Apartments Ph. II, located at the west side of Tuskawilla Road south of Red Bug Lake Road.

 

Public Safety

Emergency Management

30. 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 of $99,274.00.

 

Public Works

Engineering

31. Approve and authorize Chairman to execute Amendment, as shown on page _________, to the State Road 46 Joint Facilitation of Public Infrastructure Agreement entered into April 23, 1996, between Orlando Lake Forest Joint Venture (formerly known as the Kingwood Joint Venture) in conjunction with the construction of the State Road 46 Improvement Project.

32. Adopt appropriate Resolution #98-R-258, as shown on page __________, and authorize Chairman to execute Subordination of County Utility Interests, as shown on page _________, (Seminole County to the State of Florida Department of Transportation – FDOT Parcel No. 108.3) for the purpose of constructing/improving State Road 436.

  1. Adopt appropriate Resolution #98-R-259, as shown on page __________, and authorize Chairman to execute County Deed, as shown on page ___________, (Seminole County to the State of Florida Department of Transportation – FDOT Parcel No. 100.1) for the purpose of constructing/improving State Road 436.

 

Districts 1, 3, 4 and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

1. Fred Edwards, Jr. v. Seminole County. Dr. Edwards has filed a Petition For Writ of Certiorari challenging the rezoning decision made by the Board relative to the Colonial Grand property (Case Number 98-99). Dr. Edwards has also filed an action against the Board under Section 163;3215, Florida Statutes, which is the statutory provision allowing citizens to assert inconsistency between comprehensive plans and development approvals. As of this date, process has not been served upon the County. It, also, appears reasonably likely that Dr. Edwards will become involved in a comprehensive plan amendment compliance challenge. Thus, we recommend that the defense of this appeal and all other challenges to the development be handled in conjunction with the primary legal efforts of the developer’s legal counsel. Upon service of process being perfected upon the County, authorization defending these actions in accordance with the terms of this agenda item.

2. Seminole County v. Davis, et al. Approve proposed settlement, as shown on page _________, relating to Parcel Number 868 of the County Road 427 Phase I road improvement project in the amount of $1,800.00, with no incurred attorneys fees or costs. The property's address is 1881 County Road 427, Altamonte Springs 32701 and is located on the east side of County Road 427 south of Plumosa Avenue. The owner is Deloris Realford. 500 s.f. at $3.60 per s.f.

3. Seminole County v. Estate of Corrine C. Prevatt, deceased et al. Approve proposed settlement relating to Parcel No. 160, located at 5221 County Road 427, Sanford, of the County Road 427 Phase V road improvement project in the amount of $17,000.00 inclusive of land value, severance damage, interest, attorneys’ fees and costs. The owners are Craig W. Tipple and Virginia R. Vaughn. 521 s.f. at $32.63 per sq. ft.

  1. Gregory A. Hill, et al., v. Seminole County. Authorization to appeal an adverse ruling on liability in an inverse condemnation case which found liability based on County's filing of a Maintenance Map relating to Mikler Road under Section 95.361, Florida Statutes.

5. Seminole County v. Doudney, et al. Approve proposed settlement relating to Parcel Numbers 127/727, located at 117 Quail Roost Court, Sanford, of the County Road 46A Phase II road improvement project in the amount of $40,000.00, inclusive of attorney fees and expert costs, along with County paying for installation of a sewer line as a partial cure for this and neighboring homes. 1,950 s.f. combined fee parcel and easement parcels at $20.51 per s.f.

Property Acquisition

6. Authorization for Firm Written Offer and Offer of Judgment relating to Parcel Number 103 and Parcel Numbers 104A/104B/104C/104D/104F of the Tuskawilla Road Phase IV road improvement project in the amount of $763,900.00. The parcels are located l/2 mile south of the intersection of Tuskawilla Road and State Road 434. The owner is L. D. Plante, Inc.

 

7. Approve Purchase Agreement, as shown on page _________, relating to Parcel Number 136, vacant land bordering on Avenue H, of the Chuluota Bypass road improvement project in the amount of $2,500.00, with no attorney's fees or court costs. The owner is Lake Mills General Partnership. 983 s.f. at $2.54 per s.f.

Add-on

Litigation

8. Robert Morgan, individually and doing business as Bob’s Adult Video v. Board of County Commissioners, et al. Authorization to defend two lawsuits filed against the County seeking to overturn the Board’s decision to deny grandfathering to the adult video store due to failure to meet the design standards set forth by the Board. One action is a Complaint and Petition for Writ of Certiorari and the other is a Petition for Declaratory and Injunctive Relief.

9. Seminole Estates Association, Inc., et al, v. Seminole County. Authorization to defend a second lawsuit in which a Verified Complaint was filed in Circuit Court by a homeowners' association, environmental groups and various individuals relating to the Astor Farms comprehensive plan amendment and associated rezoning.

10. In Re: Astor Farms Plan Amendment. Request authorization to defend the action of the Board relative to the adoption of the Astor Farms amendment to the Seminole County Comprehensive Plan (SCCP). The Florida Department of Community Affairs (FDCA) has determined to publish a notice of non-compliance relative to the SCCP amendment pertaining to the Astor Farms property which was adopted by the Board after consideration of the objections, recommendations and comments of FDCA. This matter will be referred to the Florida Division of Administrative Hearings and an administrative law judge will be assigned to the case. The Planning and Development Director and the County Attorney's Office will work in tangent to defend the Board's action.

11. In Re: CFG Plan Amendment. Request authorization to defend the action of the Board relative to the adoption of the CFG amendment to the Seminole County Comprehensive Plan (SCCP). The Florida Department of Community Affairs (FDCA) has determined to publish a notice of non-compliance relative to the SCCP amendment pertaining to the CFG property which was adopted by the Board after consideration of the objections, recommendations and comments of FDCA. This matter will be referred to the Florida Division of Administrative Hearings and an administrative law judge will be assigned to the case. The Planning and Development Director and the County Attorney's Office will work in tangent to defend the Board's action.

 

Districts 1, 3, 4 and 5 voted AYE.

DEPARTMENTAL REPORTS

COUNTY ATTORNEY

Lonnie Groot, Deputy County Attorney, and Frances Chandler, Planning & Development Director, addressed the Board to review the Battle Ridge Settlement. Mr. Groot summarized the potential settlement as outlined in the Agenda Memorandum and advised the administrative trial is scheduled for December 14, 1998. He stated staff is recommending that the County not proceed with the administrative hearing and to enter into an agreement with the City of Winter Springs. He said the City of Oviedo has submitted a letter (not received and filed) requesting that the County not enter into an agreement with the City of Winter Springs, but to dismiss as they have done.

Commissioner Morris entered the meeting at this time.

Commissioner Morris stated he has been involved with both cities on the Battle Ridge matter and also with the Oviedo Joint Planning Agreement. He stated the key issue here seems to be focused on that Battle Ridge is one that has linkage between it and agreements with the Oviedo JPA in trying to reach a settlement. The linkage seems to tie into annexations on the JPA along the beltway, particularly in the area of Red Bug Road and the mall area. The Board’s goal has been to try to protect the Hammock area. The City of Oviedo has concurred that they would not annex to the north of SR 434 and go into the Black Hammock area. The City of Winter Springs is willing to do the same thing, but only if the County deals with the southern section around the mall. He stated he feels the Board should move forward with an agreement with the City of Oviedo and the JPA.

Upon inquiry by Commissioner Morris, Frances Chandler addressed the Board to advise the City of Winter Springs agrees not to annex to the east of Battle Ridge.

Upon further inquiry by Commissioner Morris, Ms. Chandler advised the City of Oviedo agrees not to annex to the north and into Black Hammock.

Commissioner Morris stated knowing those two things, he would recommend informing them in writing that the County will proceed with the JPA.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize staff to dismiss the challenge of the Battle Ridge Comprehensive Plan Amendment adopted by the City of Winter Springs, as have the City of Oviedo, McKinley Mills Homeowners Association and those individuals who filed a petition challenging the amendment.

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

Letters to Commissioner Maloy from area residents requesting that the Battle Ridge issue be presented before a judge were received and filed.

OVIEDO-SEMINOLE COUNTY JOINT PLANNING AGREEMENT

Ms. Chandler stated this agreement would implement provisions in both the County and the City’s comprehensive plans. She stated the County does have an agreement that identifies a future annexation boundary for the City of Oviedo and future land use maps, water and sewer service area provisions, water reuse and first response.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the Oviedo-Seminole County Joint Planning Agreement, as shown on page _________.

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

ENVIRONMENTAL SERVICES/ADMINISTRATION

Bob Briggs, Acting Environmental Services Director, addressed the Board to present request to approve Wholesale Water Service, Sun Lake PUD. He advised the City of Casselberry voted to reduce their rates, therefore, staff recommends approval of the agreement.

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised he doesn’t believe the County is under any restrictions. Discussion ensued.

Upon inquiry by Commissioner Morris, Mr. Briggs stated staff is recommending approval of the agreement with the City of Casselberry.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to accept the City of Casselberry’s offer of 77 cents per 1,000 gallons and approve the Wholesale Water Purchase Agreement, as shown on page __________, Sun Lake PUD.

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

SOLID WASTE

Bob Briggs presented request to approve the Solid Waste Residential Hauling Franchise Contract. He discussed the reduction of rates; deferring a possible RRI adjustment; and the haulers performance standards. He reported that there are approximately 1,480 parcels zoned agriculture which fall into the 1 to 2.5 acre range. With the present participation level of 25%, 370 additional exemptions could be expected. This would have an immaterial impact.

Commissioner McLain commended Mr. Briggs for the hard work he has done on this. He stated the County has been able to reduce the cost of garbage service, but he is a little disappointed that they couldn’t get a better reduction than the 5%. He said 96% of the customers are satisfied with the billing system and do not want to see any changes on that. He added if this contract is approved, he would like the Board to look at the recycling program as he feels there are some problems that need to be addressed.

Mr. Briggs stated recycling revenues generated last year were approximately $376,000. He further reviewed the analysis of recycling the program.

Commissioner McLain stated he feels that this issue should be evaluated further as he wants to make sure that the County maximizes the money that is coming in the Solid Waste fund.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the five-year contract extension, inclusive of revised contract, with each of the haulers providing service in the unincorporated franchise service areas; and authorize Chairman to execute Agreements, as shown on page _________.

Under discussion, Chairman Henley stated he has received a letter (not received and filed) from Florida Recycling requesting that the County submit bids on this issue.

Commissioner Maloy stated he has been getting a lot of complaints from residents relative to one hauler and he feels that the County can put more pressure on them with this contract. He stated he did not support this a couple of years ago, but with the changes, he can support it today.

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

Commissioner Maloy left the meeting at this time.

FISCAL SERVICES/ADMINISTRATION

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #98-R-260, as shown on page ________, for the issuance of Multi-Family Mortgage Revenue Bonds for Park Place Apartments, Resolution #98-R-267, as shown on page __________, for Seminole Point Apartments and Resolution #98-R-268, as shown on page _________, for Loma Vista Apartments following the TEFRA public hearing scheduled for December 3, 1998.

Districts 2, 3, 4 and 5 voted AYE.

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The meeting was recessed at 10:10 a.m., reconvening at 10:25 a.m., with all Commissioners and all other Officials, including Commissioner Maloy, who were present at the Opening Session.

 

 

COMPREHENSIVE PLANNING

Chairman Henley advised that the Katie’s Landing Acquisition request has been withdrawn.

CLERK’S REPORT

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

1. Expenditure Approval Lists, as shown on page _________, dated November 17 & 24, 1998, and Payroll Approval Lists, as shown on page _________, dated November 19 & 25, 1998.

 

2. Chairman to execute Satisfaction of Judgment/Bail Bond Lien for John McGowen and Ranger Insurance Co. - $538.

 

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

 

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

    1. Work Order #6 to PS-356, as shown on page _________.
    2.  

    3. Work Order #36 to RFP-407, as shown on page _________.
    4.  

    5. Work Order #2 to RFP-431, as shown on page __________.
    6.  

    7. First Amendment, as shown on page _________, to Work Order #31 to RFP-407.
    8.  

    9. Second Amendment, as shown on page _________, to Audio/Video Equipment Retrofit and Installation Agreement (RFP-437-98).
    10.  

    11. Notice of Filing Certified Copy of Resolution #98-R-233 re: Release of Development Condition pertaining to the Viera Company, as shown on page __________.
    12.  

    13. Letter from Attorney Cecilia Bonifay to Sandy McCann re: Shutts and Bowen (Colonial Grand).
    14.  

    15. Letter from George Rice, Jr., Florida Department of Transportation, to Chairman Morris re: Neighborhood Traffic Mitigation Project.
    16.  

    17. Development Order, as shown on page _________, for M.M. Rosemary, Michael L. & Julia A. Rotundo for the Capuzzi Single Family Residential Permit.
    18.  

    19. Certificate of Value Adjustment Board, as shown on page _________, relating to taxable value of Tangible Personal Property.
    20.  

    21. Certificate of Value Adjustment Board, as shown on page _________, relating to taxable value of Real Property.
    22.  

    23. Bill of Sale, as shown on page _________, accepting Water and Sewer System within the project known as Lake Forest 6A.
    24.  

    25. Bill of Sale, as shown on page ________, accepting Water and Sewer System within the project known as Lake Forest 6B.
    26.  

    27. Bill of Sale, as shown on page _________, accepting Water and Sewer System within the project known as Lake Forest 7A.
    28.  

    29. Utility Easement, as shown on page _________, for McDonald’s Corp. for the purpose of relocation of a water line out of ROW due to conflict with proposed stormwater improvements.
    30.  

    31. Bill of Sale, as shown on page _________, accepting Water and Sewer System within the project known as Bear Lake Grove South n/k/a Montclair.
    32.  

    33. Bill of Sale and Warranty Deed, as shown on page _________, accepting Water and Sewer System within the project known as Berington Club Phase I.
    34.  

    35. Bill of Sale, as shown on page _________, accepting Water and Sewer System within the project known as Bear Lake Grove North.
    36.  

    37. Warranty Deed and Bill of Sale, as shown on page _________, accepting Sewer System and Lift Station within the project known as Oviedo Crossroads-Home Depot/Eckerds.
    38.  

    39. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Seminole County Public Schools for the project known as Lockwood Middle School "C".
    40.  

    41. Conditional Utility Agreement, as shown on page _________, for Water Service with Spaulding Company for the project known as Rainbow Forest Subdivision.
    42.  

    43. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Rink Development for the project known as Ballentyne Subdivision.
    44.  

    45. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with RS III, Inc., for the project known as Oviedo Marketplace - Lot 11 - 7-11 Store.
    46.  

    47. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Sunbelt-Dix, Inc., for the project known as Carillon Tract 202.
    48.  

    49. Bids as follows: FC-155-98; FC-156-98; FC-157-98; 219; RFP-452; RFP-453 and RFP-454.

 

COMPREHENSIVE PLANNING (Continued)

Upon inquiry by Commissioner Van Der Weide, Colleen Rotella, Comprehensive Planning Manager, addressed the Board to explain why the Katie’s Landing Acquisition request was pulled. She stated staff is working with the County’s own real estate office to update the appraisal.

Commissioner Van Der Weide stated he feels there is a tremendous difference in the asking price, the County’s proposed offer, and the assessed value of the property.

Ms. Rotella advised that is one issue the staff is looking at, but the County does market value appraisals in most of their acquisitions. She added the State appraisal is also an issue that is being updated.

OTHER CONSTITUTIONAL OFFICERS REPORT

SHERIFF’S OFFICE

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize Chairman to execute School Resource Officer/D.A.R.E. Agreement, as shown on page ________, between the Seminole County Sheriff’s Office and Seminole County Public Schools for FY 1998/99.

Under discussion and upon inquiry by Commissioner Maloy, George Sellery, Sheriff’s Office, addressed the Board to advise this is a fantastic program. He stated his office will be taking a look at the program to see if they can make any adjustments.

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

CONSENT AGENDA (Continued)

Motion by Commissioner Morris, seconded by Commissioner McLain to reconsider Item #24, Award RFP-452-98/BJC, of the Consent Agenda, to be brought back at the 1:30 p.m. meeting.

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

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The meeting was recessed at 10:35 a.m., reconvening at 1:34 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session.

AWARDS & PRESENTATIONS

Motion by Commissioner Maloy, seconded by Commissioner McLain to acknowledge Kathryn Townsend, Seminole County Government United Way Campaign Coordinator, and Department Coordinators for their efforts by presenting Certificates of Appreciation.

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

Human Resources Director, Nancy Tallent, addressed the Board to introduce Ann McGee of Seminole Community College.

Ann McGee addressed the Board to present a Certificate of Appreciation and a SCC Clock to Ms. Townsend expressing her thanks for her hard work. She also expressed appreciation to the volunteers who worked on this project.

Ms. Tallent advised she has "Pat on the Back" coupons for all volunteers.

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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-262, as shown on page ________, in support of the Jeb Bush’s Administration’s call for educational excellence in the State of Florida.

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

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

 

The Chairman advised that request for change of zone from R-1AA to R-1A for Michael Calhoun has been withdrawn from the agenda because it was not properly advertised.

CONSIDERATION OF

A BUDGET AMENDMENT

 

Proof of publication, as shown on page ________, calling for a public hearing to consider a Budget Amendment to rebudget funds from FY 1997/98 to FY 1998/99, received and filed.

Fiscal Services Director, Cindy Hall, addressed the Board to advise this will rebudget funds in the amount of $178,992,504 from last fiscal year to this current year.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-263, as shown on page _______, adopting Budget Amendment Resolution #98-R-266, as shown on page _______, rebudgeting funds from FY 1997/98 to FY 1998/99, as described in the proof of publication.

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

CONSIDERATION OF THE HEATHROW

TOWN CENTER DRI, COLONIAL REALTY LTD.

 

Proof of publication, as shown on page ________, calling for a public hearing to consider a proposed change to the Heathrow Town Center DRI for property located at the northwest corner of Interstate 4 and County Road 46A, Colonial Realty Limited Partnership, received and filed.

Principal Planner, Matthew West, addressed the Board to advise staff is recommending postponing the requested amendment until the following events occur: (1) The developer submits a rezoning request for the property to be added to the DRI; (2) The State completes its review of the recently adopted Comprehensive Plan amendment that is associated with this request; and (3) Specific issues detailed in the background section of the Agenda Memorandum are adequately addressed by the developer. He said there are a lot of issues involved with this request and staff is working with the applicant to resolve these.

Commissioner Morris suggested giving staff a target date to bring this back to the Board.

Upon inquiry by the Chairman, Mr. West suggested the second meeting in January, 1999 as a target date.

No one spoke in support or in opposition.

Upon inquiry by District Commissioner McLain, Mr. West advised the applicant concurs with the postponement.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue until January 26, 1999 consideration of the proposed change to the Heathrow Town Center DRI for property located at the northwest corner of Interstate 4 and County Road 46A, as described in the proof of publication, Colonial Realty Limited Partnership.

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

Commissioner Morris requested staff to report back if they cannot hit the target date.

CONSIDERATION OF REQUEST TO REZONE FROM

A-1 TO PUD, SANDSPUR HOUSING PARTNERS

 

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit Development), for property located on the west side of Upsala Road, on the east side of Elder Road, and north of SR 46, Sandspur Housing Partners, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to advise the rezoning would allow the construction of 334 multi-family dwelling units at a density of 22 dwelling units per acre. He gave an overview and site analysis, advising based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the rezoning subject to the following: (1) Dedicate additional right-of-way on Upsala Road to meeting minimum County width standards; (2) The maximum allowable density for multi-family shall be 22 dwelling units per net buildable acre; (3) Limit the maximum building height to 35’; (4) Provide minimum building setbacks of 35’ from the boundary of the project; (5) Limit access to the site to one location on Upsala Road; and (6) Provide an on-site bus stop with shelter, with convenient pedestrian access, if found necessary by Lynx. He added that the P & Z Commission recommended the request with the staff comments with the exclusion of the maximum density of 22 dwelling units per acre and a maximum building height of 35’. He said they thought the restrictions were not necessary because the proposed project is located on a HIP-TI land use and that more intense uses in HIP-TI are appropriate.

Hugh Harling, representing the developer, addressed the Board to state they concur with the staff’s report and the decision of the P & Z Commission. He said that they also committed at the P & Z meeting to cooperate with their neighbors to the north if they want to close the dirt road in order to control the traffic going through.

Chris Akers, 343 Monroe Road, addressed the Board to state infrastructure is non-existent in this area. He said CR 15 backs up from 17-92 to SR 46 three to four times a week and if there is an accident on I-4, traffic is in front of his house until 9:00 p.m. in the evening. He also expressed his concern with drainage.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised staff has not gotten into the drainage issue yet. That will be considered during the final master planning stage. He added drainage must be accommodated per County Code.

Upon inquiry by Commissioner McLain, Senior Planner, Don Fisher, addressed the Board to advise there are plans to upgrade Upsala Road in the year 2001.

Bruce Cepuran, 395 N. Elder Road, addressed the Board to express his concern about the drainage in the area. Whereupon, Commissioner Morris reiterated that the action requested today does not deal with the drainage issues; they will be dealt with at the time of site planning.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated this area has been designated a HIP area and the concerns about drainage and road improvements will be handled per County Code.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Ordinance #98-54, as shown on page ________, rezoning property described as located on the west side of Upsala Road, on the east side of Elder Road and north of SR 46, as described in the proof of publication, from A-1 to PUD, Sandspur Housing Partners, subject to staff comments and the approval of Development Order, as shown on page ________.

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

CONSIDERATION OF REQUEST TO REZONE FROM PUD

(C-1 & M-1A USES) TO PUD, HARLING LOCKLIN & ASSOC.

 

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) that allows C-1 (Retail Commercial) and M-1A (Very Light Industrial) uses to PUD that allows a range of uses including C-1 (Retail Commercial), C-2 (Retail Commercial), C-3 (General Commercial and Wholesale), M-1A (Very Light Industrial), R-4 (Multiple-Family Dwelling) and A-1 (Agriculture), site known as the Loma Vista PUD, located on the northwest side of SR 426, ¼ mile north of Dean Road, Harling Locklin & Associates, received and filed.

Mr. Dwyer gave an overview and site analysis, advising based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comp Plan and Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the rezoning, subject to: (1) Any outside storage and mechanical repair facilities shall be screened from view from adjacent properties and rights-of-way; (2) The maximum allowable density for multi-family shall be 20 dwelling units per net buildable acre; (3) Limit the maximum building height to 35’ (4) Install sidewalks on both sides of the road and provide internal pedestrian access between multi-family and non-residential tracts; (5) Outdoor advertising signs shall not be permitted; and (6) Provide an easement to Seminole County between the proposed trail and Tract G for the purpose of allowing recreational trail amenities.

Mr. Dwyer further advised that the P & Z Commission unanimously recommended the request subject to the staff comments with the following additional conditions: (1) Provide a 15’ firebreak, a 15’ buffer, and 75’ building setback along the west boundary; (2) Install a 7’ wall, similar in design to the wall in the Aloma Bend Multi-Family Development on the southwest boundary and along the inward side of the 15’ firebreak along the west boundary; and (3) Install a fire hydrant at the southwest corner of the site accessible to the adjacent properties. He stated that there is an old historical building on the site, which was once a general store and train station. He further stated that the applicant has agreed to make a bona fide effort to work with the County staff to preserve and refurbish the building.

Hugh Harling, representing Charles and Malcolm Clayton, stated they are requesting the modification in order to include the use of multi-family. He said they are in agreement with staff and the conditions they and the P & Z Commission have proposed. He clarified that they have agreed to a 75-foot setback for three-story buildings and they will go along with the County Code if there are any two-story buildings.

Commissioner Morris left the meeting at this time.

Mr. Harling also stated they have committed to stubbing utilities at the southwest corner of the subject property. He said they have also committed to providing a trailhead and working with the City to rehab the old train station building. Copy of aerial photograph and a photograph of the historical building were received and filed.

Commissioner Morris re-entered the meeting at this time.

Virginia Stanko, 3200 W. SR 426, Oviedo, addressed the Board to speak in opposition, stating her main objection is the traffic the zoning will create. She said she knows this is a good plan and that Mr. Harling has done what he can to accommodate the residents. She requested the Board not allow any more development to finalize until the roads are improved.

Mr. Harling stated they have done a time sheet on road construction and on this project. He said the earliest this project could be completed is 23 months from now and that would coincide with the road improvements. He said it is not their intent to provide additional stress on Ms. Stanko’s access. He added that if there is anything they can do to help her, they would be more than happy to do so.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Maloy stated if the State were not planning on four-laning SR 426, he would be more concerned about the traffic flow.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #98-55, as shown on page ________, rezoning property located on the northwest side of SR 426 and ¼ mile north of Dean Road, as described in the proof of publication, Harling Locklin & Associates, from PUD (Planned Unit Development) that allows C-1 (Retail Commercial) and M-1A (Very Light Industrial) uses to PUD that allows a range of uses including C-1 (Retail Commercial), C-2 (Retail Commercial), C-3 (General Commercial and Wholesale), M-1A (Very Light Industrial), R-4 (Multiple-Family Dwelling) and A-1 (Agriculture), site known as the Loma Vista PUD, subject to staff comments and approval of Development Order, as shown on page _________, including the Planning & Zoning Commission’s recommendations along with the clarification of the 75-foot building setback applying to three-story buildings only.

Under discussion and upon inquiry by Mr. Dwyer, Commissioner Maloy clarified that the preservation of the old general store and train station and the applicant’s commitment for the utility stub-outs are included in the motion.

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

CONSIDERATION OF REZONING FROM A-1

TO PUD, SHERWOOD NEWPORT CAPITAL GROUP

 

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) to allow an expansion of the Palm Valley Mobile Home Park on property located east of Alafaya Trail and northeast of Park Road, Sherwood Newport Capital Group, received and filed.

Mr. Dwyer gave an overview and site analysis, advising based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comp Plan and Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the rezoning to allow 121 mobile home building sites at a density of 4 dwelling units per acre. He added that the P & Z Commission unanimously recommended the rezoning request.

Commissioner McLain expressed his concern with the recent tornado damage to mobile homes. Whereupon, Mr. Dwyer advised there has been new legislation proposed which will require a different type of tie-down for mobile homes. He said Building Official, Dave Beitz, is on top of this.

Fitz vonBargen, representing the applicant, addressed the Board to state that in terms of tie-downs, the owner will abide by any laws or regulations.

The Chairman advised he is in receipt of one Written Comment Form (received & filed) from Robert G. Andersen, President of the Palm Valley Homeowners Association, in support, but concerned with the sewage plant and Park Road.

Attorney Guy Coburn, representing Carillon Community Residential Association, addressed the Board to advise the subject property is L-shaped and at the very end of the "L" are wetlands. He stated the Carillon residents are concerned that there is going to be some development encroaching into those wetlands.

Mr. Dwyer advised when the Master Plan is done, the L-shaped area will be an area where no development will be permitted. He said that area is not proposed for development.

Whereupon, Commissioner Morris requested Mr. Dwyer prepare a memo to the Carillon homeowners explaining the process.

No one else spoke in support or in opposition.

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

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt Ordinance #98-56, as shown on page ________, rezoning property located east of Alafaya Trail and northwest of Park Road, as described in the proof of publication, Sherwood Newport Capital, from A-1 (Agriculture) to PUD (Planned Unit Development), in order to allow an expansion to the Palm Valley Mobile Home Park, subject to staff comments and approval of Development Order, as shown on page _________.

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

LAND DEVELOPMENT ISSUES

PLANNING & DEVELOPMENT/CURRENT PLANNING

 

Mr. Dwyer presented request for approval of the Final Master Plan and Developer’s Commitment Agreement for Sobik’s Subs PCD located at the northeast corner of SR 46 and CR 15, McKee Construction. He advised the site will consist of an 1812 square foot restaurant with associated infrastructure. He added the staff recommends approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Sobik’s Subs PCD located at the northeast corner of SR 46 and CR 15, McKee Construction, subject to staff recommendations.

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

PLANNING & DEVELOPMENT/DEVELOPMENT REVIEW

 

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Huntington Pointe Phase 4C located on the east side of I-4 and south of Emma Oaks Trail as submitted by Pulte Home Corporation.

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

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Plans Examiner, Sylvia Smith, addressed the Board to present the Preliminary Subdivision Plan for Hester Road Subdivision located on the east and west sides of Hester Avenue south of Myrtle Street in Section 23, Township 20 South, Range 30 East, CFG Real Estate Group. She advised the property is zoned R-1A, R-AAA and A-1. The applicant is requesting the following three waivers: (1) Waive the paving requirement for Hester Avenue along Tract B and Lots 56 through 66; (2) Waive the sidewalk installation on Hester Avenue along Tract B, Lots 56 through 68, along Tract C and Lot 117; and (3) A variance is requested to the minimum 150 foot lot depth requirement for all double frontage lots along Hester Road and Myrtle Avenue. The request includes Lots 56 through 68, and Lots 126 through 135. The reduced lot depth, which varies for the subject lots, shall be in accordance with the plan.

Ms. Smith further advised that staff recommends approval of the plan and variance requests subject to installation of a 6-foot masonry wall along all double frontage lots shown on the plan. The LPA/P&Z unanimously approved a positive recommendation for this plan, including the variances, at their regular meeting on November 4, 1998.

District Commissioner McLain stated the waivers being requested seem reasonable to him, therefore he would recommend approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Hester Road Preliminary Subdivision Plan, subject to staff recommendations, located on the east and west sides of Hester Avenue south of Myrtle Street in Section 23, Township 20 South, Range 30 East, CFG Real Estate Group, Inc.; and to grant variances, as requested.

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

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Ms. Smith presented the Preliminary Subdivision Plan of Tranquility on Lake Brantley located at the southwest corner of Brantley Drive and Cutler Road in Section 33, Township 20 South, Range 29 East, Michael Morro. She advised the proposed subdivision contains 12 lots on 8.286 acres. The property is zoned R-1A for minimum lot sizes of 9,000 square feet and minimum lot widths of 75 feet. She added that the LPA/P&Z unanimously approved the plan and staff recommends approval, subject to the applicant vacating the portion of Brantley Drive affected by this plan prior to final plat recording.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Tranquility on Lake Brantley Preliminary Subdivision Plan, subject to staff recommendations, located at the southwest corner of Brantley Drive and Cutler Road in Section 33, Township 20 South, Range 29 East, Michael Morro.

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

COUNTY MANAGER’S CONSENT AGENDA, CONT.

FISCAL SERVICES/PURCHASING

 

The Chairman advised that Commissioner Morris has asked that Item #24, request for award of RFP-452-98/BJC be reconsidered by the Board.

Commissioner Morris discussed the ranking by staff. He requested the Board consider particularly the nature of what they are looking at and what is being built and where. He said all of these projects are worthy.

Motion by Commissioner Morris to overturn the award of RFP-452-98/BJC, SHIP Rental Construction/Rehabilitation Assistance Subsidy and accept staff’s recommendation with one change - moving Casselberry Alliance as Number 1, National Church Residences/Sanford Green Apartment Ltd. Partnership as Number 2, and the remainder of the firms to stay in the same ranking order.

Commissioner Morris said the tax credit will be for $480,000 and January 4 would be the cut-off date.

Upon inquiry by Chairman Henley, DCM, Cindy Coto, advised Casselberry Alliance Corporation did file a bid protest, which was denied by the Purchasing Manager. She further advised that they had an opportunity to take the protest to the next level, but they chose not to do so.

Commissioner Morris stated his recommendation is not being made because of the protest.

Chairman Henley stated an RFP was sent out, people responded, and the County’s qualification committee made a ranking. He expressed his concern with doing anything that might weaken the credibility of the RFP process.

The motion was seconded by Commissioner McLain for discussion.

Commissioner Morris explained he is not going into the integrity of the process, but is getting into the merits of the applications.

Upon inquiry by Commissioner McLain, Principal Planner, Buddy Balagia, addressed the Board to advise the committee considered the projects in detail and decided to go more with low income households which requested less money and a higher benefit overall.

Commissioner Morris stated he sees this as a policy and ranking decision of the Board.

Commissioner McLain stated he agrees with Commissioner Morris that the Board needs to look to the south end of the County and deal with the senior citizens because a lot of time they get left out of the process.

Districts 2 and 5 voted AYE.

Commissioners Maloy, Van Der Weide and Henley voted NAY, whereupon, the motion failed for the lack of a majority vote.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve award of RFP-452-98/BJC to National Church Residences/Sanford Green Apartment Limited Partnership, Columbus, Ohio; and authorize the Chairman to execute the Contract, as shown on page ________.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris voted NAY.

CHAIRMAN’S REPORT

 

The Chairman distributed 1998/99 BCC Liaison Appointments (copy received & filed) and advised of a change in assignments. He said Commissioner McLain will be Liaison to CALNO with Commissioner Maloy being an alternate.

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The Chairman discussed letter dated December 3 from the Chairman of FAC concerning Revision No. 7 and asking the Board to consider moving same to the number one priority on the County’s legislative agenda.

Commissioner Morris stated what the Board might want to do is have the County’s lobbyist meet with them, but he said he would never want to make it the County’s top priority.

Chairman Henley concurred that he would not want to make this the County’s top priority. He agreed that the County’s lobbyist could meet with FAC and help coordinate.

Mr. McMillan advised Mr. Groot is planning on having a legislative work session on January 12, 1999 with the Board and this issue can be included.

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Chairman Henley briefly discussed the 1998 EDC Corporate Council Mission Breakfast and distributed copies of the EDC Objectives (received & filed).

DISTRICT COMMISSIONERS’ REPORTS

 

Motion by Commissioner McLain, seconded by Commissioner Morris to appoint the following:

Geneva, Switzerland International Citizens Committee – Lee Voorhees & Lorraine Whiting

 

Animal Control Board

Karen Hart

 

Code Enforcement Board

Jean Metts

 

Historical Commission

Linda Batman

 

Parks & Recreation Advisory Board

Oscar Pennington

 

Planning & Zoning Commission

Tom Mahoney

 

Seminole County Port Authority

Helen Stairs; and to adopt appropriate Resolution #98-R-265, as shown on page __________, commending Claire Paul for her services to same.

 

Building Contractors Board

Bob VonHerbulis

 

Mechanical Contractors Board

John Wayne Hoffman

 

Swimming Pool Board

Mike Holland

 

Well Drillers Board

Dick Joyce

 

Under discussion, Commissioner Maloy questioned if the Board wanted to change terms of appointments to coincide with Commission terms. Discussion ensued.

Commissioner McLain stated that they might be able to do some of the terms that way, but he would hate to see the Board politicize these appointments. He said he is satisfied with the current policy.

Commissioner Van Der Weide stated he has a lot of faith in the County volunteers and he does not think that is the issue.

Chairman Henley stated he feels more study is needed.

Mr. McMillan stated if the Board is interested in pursuing this, they should have staff report back to the Board because there are some boards and committees whose terms are done by statute. The Board voiced no objections to same.

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

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Commissioner Maloy gave a report on the December 2, 1998 CALNO meeting. He advised that there was discussion with regard to the local television station and with interlocal agreements with the School Board and Cities for airtime.

Ms. Coto advised it was the intent when this project started to have both the Cities and School Board participate.

Commissioner Morris suggested holding a work session the second meeting in January 1999 on this subject. The Board voiced no objections to same.

Commissioner Maloy advised the second issue CALNO discussed was the concern of the City of Oviedo with regard to how the gas tax money is being applied.

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Commissioner Morris discussed correspondence (copy received & filed) from the Bear Lake Homeowners Association regarding speed and buoys on lakes.

Director of Planning & Development, Frances Chandler, addressed the Board to advise staff has been reviewing this and will be bringing a report back to the Board on January 12, 1999.

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Commissioner Van Der Weide requested staff to bring back the issue of speed humps for consideration at the January 12, 1999 meeting.

COMMITTEE REPORTS

Commissioner Morris briefly reported on projects (I-4 bridge over the St. Johns River & trail bridge over I-4/SR 434) still under review by the MPO.

COMMUNICATIONS AND/OR REPORTS

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

  1. Notice of annexation (with legal description attached) from the City of Sanford re: parcel located on the southeast corner of US 17-92 and County Home Road for 11/23/98 Sanford City meeting. (cc: Property Appraisers, Current Planning)
  2.  

  3. Letter dated 11/18/98 to Commissioners from Joan Richardson re: Opposition to Big Oaks Ranch special event permit. (cc: CM, Current Planning)
  4.  

  5. E-mail dated 11/25/98 to Commissioners from Thomas J. Williams re: Reasons why the PSC’s overlay plans should be objected. (cc: CM, Public Safety)
  6.  

  7. E-mail dated 11/25/98 to Commissioner Henley from Thomas J. Williams re: PSC: An Overlay is not good for the community. (cc: CM, Public Safety)
  8.  

  9. Letter dated 11/23/98 to Chairman (with attached letter dated 11/20/98 to Orange Co. Chairman Mel Martinez) from Jesse Gonzalez, President, Comelco, Inc. re: small contractor rights while terminated from project. (cc: BCC, CM, DCM, Purchasing)
  10.  

  11. Letter dated 11/16/98 to Executive Offices from Deborah Ryan, Orlando Business & Professional Women, re: Listing of Seminole County Boards and Committees. [cc: BCC, CM, Deborah Collett (for response)]
  12.  

  13. Fax dated 11/20/98 to Commissioners from Commissioner Rudy Maloy, President, Florida Association of Counties, re: Implementation Phase of Revision 7 Campaign. (cc: BCC, CM, DCM, Co. Attorney)
  14.  

  15. Fax dated 11/25/98 to Board Members from Harry Barley, Executive Director, Metroplan, re: Announcement of Director of Community Relations. (cc: BCC, CM, DCM, Community Information Coordinator)
  16.  

  17. Letter dated 11/25/98 to Commissioners (with attached liaison request list) from Chairman Henley re: Committee Preferences. (cc: CM)
  18.  

  19. Letter dated 11/23/98 to Chairman from Robb Cole, President, Clipping Bureau of Florida, re: Thank you for assistance. (cc: BCC, CM, DCM, Purchasing)
  20.  

  21. Minutes of 11/2/98 DAB meeting. (cc: BCC, CM, DCM)
  22.  

  23. Letter dated 11/13/98 to Chairman from Glen Casel, District Program Supervisor, Fla. Dept. of Children & Families transmitting FY 1997/98 District 7 Alcohol, Drug Abuse, and Mental Health Annual report. (cc: BCC, CM, DCM, Comm. Services)
  24.  

  25. Fax dated 11/24/98 to Chairman from Geoff Cook, Gene Lindsey, Brenda Smith and Steve Smith, resident of the West side of Bear Lake, re: No wake/idle speed markers placement in Bear Lake. (cc: BCC, CM, DCM, Sheriff, Traffic Engineering)
  26.  

  27. Fax of Notice of Executive Session for the City of Oviedo, November 30, 1998 re: Battle Ridge litigation strategies. (cc: BCC, CM, DCM, Comp. Planning, Co. Attorney)
  28.  

  29. Letter dated 11/25/98 to Public Official from Mary Vancore, Chief, Bureau of Advocacy & Grants Management, Office of the Attorney General, re: Education seminars regarding the Address Confidentiality Program. (cc: BCC, CM, DCM, Comm Services, Co. Attorney)
  30.  

  31. Letter dated 11/25/98 to Public Official (with attached memo dated 11/13/98 from Barbara Burkhardt outlining the requirements of the Address Confidentiality Program) from Robert Butterworth, Attorney General, re: Announcing Address Confidentiality Program. (cc: BCC, CM, DCM, Comm Services, Co. Attorney)
  32.  

  33. Letter dated 11/22/98 to Commissioners from Holly Worrow re: Wekiva River Protection Act. (cc: BCC, CM, DCM, Comp Planning)
  34.  

  35. Letter dated 11/25/98 to Chairman from Ann McGee, President, SCC, re: Groundbreaking ceremony at Oviedo 12/4/98. (cc: BCC, CM, DCM)
  36.  

  37. Letter dated 11/24/98 to Chairman (with attached Product & Services brochure) from Diane Pickett, Time Warner Communications, re: Changes to Time Warner channel lineup and current price schedules. (cc: BCC, DCM, CM, Senior Cable Franchising Coordinator)
  38.  

  39. Copy of Agenda and back-up materials for the 12/1/98 Orlando Sanford Airport meeting. (cc: BCC, CM, DCM)
  40.  

  41. Letter dated 11/24/98 to Gary Kaiser, Co. Manager (attached documents are available for review in the Chairman’s office) from Leo Auger, Executive Director, LYNX, re: Transmitting the Final Environmental Impact Statement for the Central Fla. Light Rail Transit System Project. (cc: BCC, Dick Thomas)
  42.  

  43. Letter dated 11/30/98 to Chris Parson from Chairman Henley re: Response to letter of concern about water pollution. (cc: BCC)
  44.  

  45. Letter dated 12/7/98 to Commissioners from Sid Vihlen, Jr., Fla. Governmental Affairs Liaison-Fla. Recycling Services, re: Bidding out for solid waste & recycling services. (cc: CM, DCM, Env. Services)
  46.  

  47. Memorandum dated 12/7/98 to BCC (with attached letter to Co. Manager & Sample Resolution) from Co. Manager re: American Society Request for Resolution in Support of Repealing the Preemption Clause in Fla. Statute 386.209.
  48.  

  49. Copy of letter dated 12/7/98 to Thomas Ecker from Lonnie Groot, Deputy Co. Attorney, re: Response to letter of 12/1/98 to Supervisor of Elections. (cc: BCC, Supervisor of Elections, CM, DCM, Andy Brumby-Esquire, Rick Nelson-Esquire, Donna McIntosh-Esquire)
  50.  

  51. Copy of memorandum dated 12/7/98 to Commissioner McLain from Lonnie Groot, Deputy Co. Attorney, re: House Bill 3217-Privatization of Foster Care & Related Services. (cc: BCC, CM, DCM)
  52.  

  53. Copy of letter dated 12/4/98 to Tony Matthews, Senior Planner, Comp. Planning, from Fred Harden, President-Friends of the Wekiva River, Charles Lee, Senior Vice President-Florida Audubon Society and Keith Schue, Wekiva Issue Chair-Sierra Club, re: Regrets to participate in the "Design Standards for Development Activities in the Wekiva River Protection Area" meeting 12/11/98. (cc: BCC, CM, DCM, Co. Attorney, Legislative Delegation, Secretary-DCA, Governor Chiles, Governor-Elect Bush, Charles Gauthier-DCA, Bob Williams-ECFRPC, Margaret Spontak-SJRWMD, Laura Ruhana-Fla. Dept. of Env. Regulation, Stephan Lau-FGFFC, Planning & Dev. Director, Comp. Planning Manager, Current Planning Manager)
  54.  

  55. Letter dated 12/4/98 to Co. Manager from Richard Wells, Community Development Director-Casselberry, re: Transmittal of Annexation Ordinance 98-919. (cc: Property Appraiser’s Office, Current Planning)
  56.  

  57. Copy of letter dated 12/4/98 to Commissioners from Congresswoman Corrine Brown transmitting 1999 edition of "We the People" calendar.
  58.  

  59. Letter dated 12/3/98 to Chairman (with attachment) from Stephan McKenney Steck, President & CEO, WMFE Channel 24, re: WMFE’s programming with Seminole County Government. (cc: BCC, CM, DCM, Community Information Coordinator)
  60.  

  61. Letter dated 12/4/98 to BCC (with attached membership application) from South Lake Jessup Landowners Association introducing association. (cc: CM, DCM, Current Planning, Comp. Planning)
  62.  

  63. Fax dated 12/3/98 (with attached form) from Vivian Zaricki, Fla. Association of Counties, re: Individual County Legislative Programs and Contract Lobbyists. (cc: BCC, CM, DCM, Co. Attorney-for response)
  64.  

  65. Fax dated 12/2/98 to Friends of the Coalition from Mark Kruckuck, Communications Director, Christian Coalition of Florida, re: Health benefit action by South Fla. Water Management District. (cc: BCC, CM, DCM, Human Resources)
  66.  

  67. Notice dated 12/1/98 from Ann Freeman, Governing Board Support Specialist, SJRWMD, re: 1999 Meeting Schedule for Governing Board. (cc: BCC, CM, DCM, Stormwater)
  68.  

  69. Memorandum dated 12/3/98 to BCC & Co. Manager (with attached summary), from Jerry McCollum, Co. Engineer, re: transmittal of Summary of Final Environmental Impact Statement for the Central Fla. Light Rail Transit System Project. (cc: Public Works Director, Major Projects Principal Engineer, Planning & Dev. Transportation Specialist)
  70.  

  71. Memorandum dated 12/3/98 to BCC & County Manager (with attachment) from Jerry McCollum, Co. Engineer, re: Sidewalk Program. (cc: Public Works Director, Minor Projects Principal Engineer)
  72.  

  73. Letter dated 12/4/98 to BCC (with attached Analysis and Commentary-Stipulation & Settlement Agreement 11/24/98) from Regina Bereswill & Valerie El-Jamil, re: Battle Ridge Stipulation & Settlement Agreement-11/24/98 bilateral version. (cc: CM, DCM, Co. Attorney, Planning & Dev. Admin., Seminole Herald, Orlando Sentinel, Judge Robert Meale-Division of Admin. Hearings, Tyrrel Arline-1,000 Friends of Florida, Women for Wise Growth, Black Hammock HOA, MacKinley’s Mill HOA, Tuscawilla HOA, Bentley Oaks HOA, Bentley Woods HOA)
  74.  

  75. Memorandum dated 12/1/98 to Fla. Counties (with attached request forms) from Don Berryhille, P.E., Chief, Bureau of Water Facilities Funding, Dept. of Environmental Protection, re: Fiscal Year 2000 Wastewater & Stormwater State Revolving Fund Priority Lists (Rule Chapters 62-503 and 62-504, Fla. Admin. Code). (cc: BCC, CM, DCM, Env. Services, Stormwater)
  76. Notice of SJRWMD Governing Board Meeting 12/8 & 12/9/98. (cc: BCC)
  77.  

  78. Local Government Monthly Mailer highlighting November and December 1998 from Margaret H. Spontak, Director, Office of Policy & Planning, SJRWMD. (cc: BCC)
  79.  

  80. Letter dated 11/30/98 to BCC (with attachment) from Jason Weeks, Seminole County Sports Marketing, re: October & November activities report.
  81.  

  82. Letter dated 12/1/98 to BCC from Thomas Hagood, Jr., Chairman, City of Oviedo, re: Winter Springs Petition - Battle Ridge. (cc: CM, DCM, Co. Attorney, Planning & Dev. Admin)
  83.  

  84. Memorandum dated 12/4/98 (with attached liaison listing) to Commissioners from Chairman re: Committee Assignments. (cc: CM, DCM)
  85.  

  86. Memorandum dated 12/3/98 (with attachment) to BCC from John Moore, Principal Engineer-Major Projects, through James Marino, Director, Public Works, re: US Highway 17-92 CRA Status Update. (cc: CM, DCM, Co. Engineer, Admin Manager-Public Works)
  87.  

  88. Letter dated 12/2/98 to Yaping Wang, Office of Policy & Planning, SJRWMD, from Commissioner Henley, re: Howell Creek Erosion Control Project SJRWMD Cost Share Program. (cc: BCC, CM, DCM, Stormwater)
  89.  

  90. Copy of letter dated 12/2/98 to Jay Sekulow, Esquire, Am. Center for Law & Justice, from Robert McMillan, Co. Attorney, re: Legal Assistance – Seminole Co. Public Decency Ordinance. (cc: BCC, CM, DCM, David Courtman, Esquire-ACLJ/Atlanta)
  91.  

  92. Letter dated 11/27/98 to BCC from William Purkey re: Complaints regarding BFI garbage service. (cc: BCC, CM, DCM, Fiscal Services, Env. Services, Solid Waste, BFI)
  93.  

  94. Letter dated 12/3/98 to Chairman from Paul Partyka, Mayor, City of Winter Springs, re: Water service agreement from Sun Lake PUD. (cc: BCC, CM, DCM, Env. Services)
  95.  

  96. Notice of Public Hearing 12/7/98 – City of Casselberry/Board of Adjustment. (cc: BCC, CM, DCM, Zoning)
  97.  

  98. Letter dated 12/1/98 (with attachment) to BCC from Harold Barley, Exec. Director, Metroplan, re: Transmitting FDOT’s Tentative Five-Year Work Program. (cc: CM, DCM, Engineering, Comp Planning-Transportation)
  99.  

  100. Memorandum dated 11/30/98 to Chairman from Terry Goembel, Administrative Director, Property Appraiser, re: 1998 Final Increment Value-Portion of 17-92 Community Redevelopment District. (cc: BCC, CM, DCM, Fiscal Services Director, CRA Capital Programs Analyst-Planning & Dev.)
  101.  

  102. Copy of memorandum dated 11/30/98 to Mayor Bates, Altamonte Springs, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: Altamonte Springs Redevelopment District-1998 Final Increment Value. (cc: BCC, CM, DCM, City Manager-Altamonte Springs, Finance Director-Altamonte Springs, CRA Director-Altamonte Springs, Fiscal Services Director)
  103.  

  104. Copy of memorandum dated 11/30/98 to Mayor Pronovost, Casselberry, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: Casselberry Redevelopment District-1998 Final Increment Value. (cc: BCC, CM, DCM, City Manager-Casselberry, Finance Director-Casselberry, City Clerk-Casselberry, Fiscal Services Director)
  105.  

  106. Copy of memorandum dated 11/30/98 to Mayor Pronovost, Casselberry, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: 17-92 Community Redevelopment in Casselberry–1998 Final Increment Value. (cc: BCC, CM, DCM, City Manager-Casselberry, Finance Director-Casselberry, City Clerk-Casselberry, Fiscal Services Director, CRA Capital Programs Analyst-Planning & Dev)
  107.  

  108. Copy of memorandum dated 11/30/98 to Mayor Mealor, Lake Mary, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: 17-92 Community Redevelopment District in Lake Mary –1998 Final Increment Value. (cc: BCC, CM, DCM, City Manager-Lake Mary, City Clerk-Lake Mary, Fiscal Services Director, CRA Capital Program Analyst-Planning & Dev.)
  109.  

  110. Copy of memorandum dated 11/30/98 to Mayor Dale, Sanford, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: 1998 Final Increment Value-Seminole Towne Center. (cc: BCC, CM, DCM, City Manager-Sanford, Finance Director-Sanford, Fiscal Services Director)
  111.  

  112. Copy of memorandum dated 11/30/98 to Mayor Dale, Sanford, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: 1998 Final Increment Value-Sanford Downtown Waterfront. (cc: BCC, CM, DCM, City Manager-Sanford, Finance Director-Sanford, Fiscal Services Director)
  113.  

  114. Copy of memorandum dated 11/30/98 to Mayor Dale, Sanford, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: 17/92 Community Redevelopment District in Sanford. (cc: BCC, CM, DCM, City Manager-Sanford, Finance Director-Sanford, Fiscal Services Director, CRA Capital Programs Analysts-Planning & Dev.)
  115.  

  116. Copy of memorandum dated 11/30/98 to Mayor Partyka, Winter Springs, from Terry Goembel, Administrative Director, Property Appraiser’s Office, re: 17-92 Community Redevelopment District – Winter Springs. (cc: BCC, CM, DCM, City Manager-Winter Springs, City Clerk-Winter Springs, Finance Director-Winter Springs, Fiscal Services Director, CRA Capital Programs Analyst-Planning & Dev.)
  117.  

  118. Letter dated 12/1/98 to Gary Kaiser (with attachment) from Richard Wells, Community Development Director, Casselberry, re: Adoption of Annexation Ordinance 98-916. (cc: Property Appraiser’s Office, Current Planning)
  119.  

  120. Contract for services, as shown on page ________, (tennis lessons) with Craig Reineck dated 11/13/98.
  121.  

  122. Letter dated 11/30/98 to Chairman from E. Ann McGee, President, SCC re: Appreciation for 5-0 vote for Oviedo Campus. (cc: BCC)
  123.  

  124. Notice and agenda for Planning & Zoning meeting 12/2/98.
  125.  

  126. Fax dated 12/1/98 from Leigh Biven-Root, Director of Special Projects, Fla. Association of Counties, re: Y2K Status Report and Pending Legislation. (cc: BCC, CM, DCM, Co. Attorney, IS response)
  127.  

  128. Copy of letter dated 12/1/98 to Mayor Bruce Pronovost from Lonnie Groot, Deputy Co. Attorney, re: Assistance of City Attorney – Public Decency Ordinance. (cc: BCC, CM, DCM, Sheriff’s Legal Counsel, Rick Nelson-Esquire)
  129.  

  130. Letter dated 11/20/98 to County Manager (with attachment) from Carolyn Small, Director of Finance & Administration, Metroplan, re: Transmission of Written Operation Report. (cc: BCC)
  131.  

  132. Letter dated 11/24/98 to Chairman (with attachment) from Leo Auger, Executive Director, Lynx re: Transmission of Summary of Final Environmental Impact Statement for the Central Florida Light Rail Transit System Project. (cc: BCC, CM, DCM, Transportation Planner-Comp. Planning)
  133.  

  134. Copy of letter dated 11/24/98 to Fredrick Leonhard, Gray Harris & Robinson (with attached letter dated 11/19/98 from Mr. Leonhard and copy of Sem. Co. Purchasing Code) from Kelly Loll, Purchasing Manager, re: Protest for RFP-452-98-BJC SHIP rental construction/rehabilitation assistance subsidy. (cc: BCC, CM, Fiscal Services Director, CDBG Principal Planner, Purchasing Contracts Supervisor)
  135.  

  136. Letter from Ismael Rosado re: Concern for manatees. (cc: BCC, CM, DCM, Comp. Planning-Environmental Planner-response)
  137.  

  138. Letter dated 11/30/98 to Chairman from Charles & Danielle Dobbs, re: Corridor Study on Howell Branch Road. (cc: BCC, CM, DCM, Public Works-Admin., Co. Engineer)
  139.  

  140. Copy of letter dated 11/25/98 to Danielle Dobbs (with attached 11/5/98 letter from Mrs. Dobbs) from Sandra Goard, Supervisor of Elections, re: Political signs on right-of-way. (cc: BCC, CM, DCM, Co. Attorney, Tax Collector, Code Enforcement)
  141.  

  142. Copy of memorandum dated 11/30/98 to Cindy Manoni, Fiscal Services Director (with attachment) from Bill Suber, Property Appraiser, re: Final Certification of Taxable Value for 1998. (cc: BCC, CM, DCM)
  143.  

  144. Copy of memorandum dated 11/30/98 to Cindy Manoni, Fiscal Services Director (with attachment) from Bill Suber, Property Appraiser, re: Final Certification of Taxable Value (County Road Improvement Districts) for 1998. (cc: BCC, CM, DCM)
  145.  

  146. Copy of memorandum dated 11/30/98 to Cindy Manoni, Fiscal Services Director (with attachment) from Bill Suber, Property Appraiser, re: Final Certification of Taxable Value (Stormwater Management) for 1998. (cc: BCC, CM, DCM)

 

COUNTY MANAGER’S REPORT

Ms. Coto advised that the dedication of the new Historical Museum’s sign will be December 13, 1998 at 1:00 p.m., at the County’s Operations Complex.

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The Board, thereupon, recessed at 4:11 p.m., reconvening at 7:05 p.m., with all Commissioners and all other Officials, with the exception of Commissioner Morris, who was absent, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were in the Opening Session.

ORDINANCE/CONSOLIDATED STREET LIGHTING DISTRICT

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Consolidated Street Lighting District Ordinance, received and filed.

Lola Pfeil, MSBU Coordinator, addressed the Board to state this Ordinance would amend Ordinance #97-57 adopted December 16, 1997, and repeal Ordinance #97-34 adopted August 26, 1997.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Consolidated Street Lighting District Ordinance #98-57, as shown on page __________, amending Ordinance #97-57 and repealing Ordinance #97-34; as described in the proof of publication.

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

RESOLUTION ADOPTING UNIFORM METHOD OF

COLLECTING NON-AD VALOREM ASSSESSMENTS

 

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Resolution adopting the Uniform Method of Collecting Non-Ad Valorem Assessments, received and filed.

Ms. Pfeil presented the request explaining how MSBU’s can be established and the uniform method of collection.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #98-R-264, as shown on page __________, adopting the Uniform Method of Collection for non-ad valorem assessments pursuant to Florida Statutes, Section 197.3632; as described in the proof of publication.

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

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County Attorney Robert McMillan announced that this will be the last time Lola Pfeil will appear before the Board representing the Fiscal Services Office, as she will be leaving that employment at the end of the year and moving to the County Attorney’s Office as the Legal Services Supervisor.

LAND DEVELOPMENT CODE FOR PLANNED UNIT

DEVELOPMENT ZONING REGULATIONS

 

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Ordinance amending the Land Development Code to allow temporary agricultural uses within the Planned Unit Development (PUD) zoning classification, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to state the proposed ordinance addresses issues relative to the regulation of temporary agricultural uses within the boundaries of property assigned the Planned Unit Development zoning classification within the unincorporated portions of Seminole County. He said this is the second of two public hearings. He reviewed the findings of the Planning and Zoning/Land Planning Agency as: (1) Recommended that the temporary agricultural uses need not be existing at the time of zoning action on the subject property; (2) Found that the proposed temporary agricultural uses were appropriate; (3) Recommended that the temporary agricultural uses could continue until each phase of development received plat or site plan approval; and (4) Found that the proposed ordinance was consistent with the Comprehensive Plan.

Mr. Dwyer stated staff recommends that the Board enact the proposed ordinance with the changes as recommended by the Planning & Zoning/Land Planning Agency. He advised there were no changes by the Board at the first public hearing, so the ordinance is the same as it was at that time.

Upon inquiry by Commissioner Maloy, Mr. Dwyer stated that Orange County had no objections to this ordinance as it is similar to what they do.

Mike Hattaway, 840 Waterway Place, addressed the Board to state he is very much in favor of the ordinance and he urged the Board to support it.

No one else spoke in support or in opposition.

The Speaker Request Form for Mr. Hattaway was received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt Ordinance #98-58, as shown on page __________, amending the Land Development Code to allow temporary agricultural uses within the Planned Unit Development (PUD) zoning classification; as described in the proof of publication.

Under discussion, Commissioner McLain questioned what benefits are there to the County as far as this ordinance is concerned.

Mr. Dwyer stated he doesn’t know if there are any direct benefits, but it provides the temporary use of the property rather than it not being used at all.

Planning & Development Director, Frances Chandler, confirmed for Commissioner McLain that the Property Appraiser will be the one to make the decision that properties receive the agricultural exemption. Mr. Dwyer advised that window of opportunity for exemption is January through March.

Ms. Chandler stated under these regulations of the ordinance, the Board will be identifying agricultural uses allowed on the property and how that will be done at the time people come in for development.

County Attorney, Robert McMillan, explained the ordinance does not change anything, but allows the Board to permit agricultural in a PUD. Now, these uses are prohibited in PUD’s. This ordinance will authorize such uses and the Board will deal with it as they deal with any PUD.

Commissioner Maloy stated agricultural land is quickly disappearing from the County and if there is anything they can do to preserve agricultural uses a little longer, this will be a good idea as staff pointed out.

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

HEATHROW INTERNATIONAL BUSINESS CENTER

Proof of publication, as shown on page __________, calling for a public hearing to consider transmittal of proposed large scale Comprehensive Plan Amendment for Heathrow International Business Center (HIBC); property located south of CR 46A and west of International Parkway, received and filed.

Cindy Matheny, Senior Planner, addressed the Board to state the applicant, Miranda F. Fitzgerald, is requesting a large scale Comprehensive Plan Amendment from Suburban Estates to Planned Development, and associated rezoning from A-1 (Agriculture) to Planned Unit Development (PUD) for a 44-acre parcel located south of CR 46A and west of International Parkway. The site is proposed for 300,000 square feet of office development as part of the Heathrow International Business Center. She stated the applicant has also submitted a Notice of Proposed Change (NOPC) to the Heathrow IBC Development of Regional Impact (DRI). Florida Statutes exempts plan amendments associated with DRI’s from the twice-yearly amendment cycle limitation. The amendment and NOPC must be considered concurrently at the time of plan amendment adoption. The NOPC requests inclusion into the DRI of the referenced site, a 20-acre portion of the Colonial Grand apartment site, extension of five years to the buildout dates for Phase I and the overall project, and the addition of 300,000 square feet of office and 268 multi-family units.

Ms. Matheny advised staff recommends approval of Planned Development land use, subject to the zoning conditions identified with findings that: (1) Planned Development land use would be consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation; (2) Planned Development land use would be compatible with development trends in the immediate vicinity; (3) Planned Development land use would be consistent with adjacent Suburban Estates and Planned Development land use; and (4) Planned Development land use would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan.

Ms. Matheny advised staff recommends that the subject request for rezoning: (1) Is in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Planned Unit Development; (2) The request would be compatible with surrounding development. Staff has no objections to rezoning to PUD subject to: (1) Execution of a revised Developer’s Commitment Agreement which provides for development standards consistent with office parcels along the west boundary of HIBC: (a) Maintenance of a 200’ buffer/building setback along the western property line next to agriculturally zoned properties with a Suburban Estates land use designation; (b) Buffering requirements to the west include an extension of the existing brick wall north to CR 46A, and a double row of canopy trees; (c) Adjacent to Tract N, no wall is required unless the use of the tract changes to office or accessory uses; (d) Allowable uses within the buffer are retention, sidewalks, and similar features; however, no buildings or parking are permitted; and (e) Building height limited to 35’ within 300’ of the west property line, and 45’ on the remainder of the site; (2) The conversion matrix shall not apply to Tract P. Use of the parcel shall be limited to office uses with no commercial or hotel.

Ms. Matheny said staff recommends the Board continue consideration of the Notice of Proposed Change on the DRI until their February 9, 1999 meeting.

-------

Chairman Henley advised the Board that Commissioner Morris indicated earlier that he would not be in attendance tonight.

-------

Ms. Matheny described the site for the Plan Amendment and site for the Substantial Deviation. She explained the adoption hearing must be considered at the same time as the Notice of Proposed Change. Staff is asking to continue to February 9 in order for DCA to complete their review of the Notice of Proposed Change, which will be at the end of this month, and then they must wait 30 days until the hearing.

Ms. Matheny corrected page 7 of the Staff Report under Concurrency Management, to state the petitioner has actually submitted an affidavit of prior vesting. There are some issues related to transportation which the staff will be resolving during the review of the DRI change. She advised staff has received one letter in opposition from Michael Gallagher of Heathrow. She distributed copies of this letter (copy received and filed).

Upon inquiry by Commissioner Van Der Weide, Ms. Matheny answered she believes the City of Lake Mary’s land uses are office and commercial where the parcels abut to the City. She stated the applicant has also submitted a notice of proposed change to Lake Mary.

Attorney Miranda Fitzgerald, Lowndes, Drosdick, Dostor, Kantor & Reed, representing Heathrow International Development Company, addressed the Board to state they are trying first to bring into the Comprehensive Plan and DRI the piece of property that is Parcel D. It is their intention to work out the details of the buffer at the time of zoning, but they are in agreement with it. She said when the Comprehensive Plan report comes back from the State, they will come back with all the zoning conditions, development order, and PUD agreement. They have not negotiated those entirely, but the conditions will be in place. She reviewed from the map (copy in staff report) depicting the City of Lake Mary’s and the County’s jurisdictions. She advised they are all in agreement with the staff conditions as outlined by Ms. Matheny.

Attorney Fitzgerald answered questions by Commissioners Maloy and McLain. She further stated that they are in agreement that there will be a 200 foot buffer with a wall, although the words of the agreement have not yet been formed.

Ms. Matheny advised when this item comes before the Board in February, the formal agreement will be brought forth at that time.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to transmit the proposed large-scale Comprehensive Plan Amendment 98F.FLU7 for Planned Development land use to the Department of Community Affairs for review; property located south of CR 46A and west of International Parkway; as described in the proof of publication, Heathrow International Business Center, with staff findings.

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

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to continue to February 9, 1999, consideration of the Notice of Proposed Change/Substantial Deviation Determination for Heathrow International Business Center.

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 7:35 p.m., this same date.

 

 

ATTEST:_______________________Clerk_____________________Chairman

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