Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Absent: Commissioner Randy Morris (District 2)

Chaplain James Coftawn, Good News Jail & Prison Ministries, gave the Invocation.

County Attorney, Robert McMillan, led the Pledge of Allegiance.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-26, as shown on page _________, proclaiming the week of March 1 through March 7, 1999, as "John E. Polk Correctional Facility Jail Chaplain Appreciation Week".

Districts 1, 3, 4 and 5 voted AYE.

The Resolution was presented to Chaplain Coftawn who expressed his appreciation.

Chairman Henley requested Board direction with regard to the Billboard Ordinance public hearing scheduled for this evening. He stated that Commissioner Morris will not be in attendance as he is in Spain, and Commissioner McLain will be serving on the Canvassing Board. He suggested continuing the hearing until March 9 because he believes a full Board should be present.

Commissioner Maloy advised there is another election scheduled on March 9.

Commissioner Van Der Weide stated if the Chief Judge will not appoint an alternative, he believes the hearing should be continued until March 23.

The Chairman requested staff to contact all interested parties to advise them the hearing will be continued.

The Board directed staff to contact the Chief Judge to determine whether or not an alternate will be appointed to the Canvassing Board for the March 9, 1999 Election.

Deputy County Attorney, Lonnie Groot, addressed the Board to advise Senate Bill 220 provides for a potential funding mechanism for the County Courthouse and may provide for an opportunity for the County to receive State funding if appropriate criteria is included in the bill. He requested Board direction to have the lobbyist participate in the new language for this bill.

Chairman Henley stated that if there is a chance that money might be returned to the County to help with the Courthouse, he believes the Board should instruct the County lobbyist to pursue this. Whereupon, Commissioner McLain stated he would support the Chairman’s position.

The unanimous consensus of the Board was to instruct the County lobbyist to participate in the drafting of language for Senate Bill 220.

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Mr. Groot discussed with the Board pawnbroker legislation, advising Mr. Bobby Brantley, County Lobbyist, has told him that House Bill 749 has been introduced relative to the regulation of flea market merchandise. He said the bill is intended to provide law enforcement personnel with an enhanced ability to track down and identify stolen merchandise. He further advised that Palm Beach County has asked the Board to support their draft bill. Both Palm Beach County and the City of Sanford are interested in the Board’s position relative to amending the Florida Statutes to allow local governments to regulate pawnshops. He stated he has reviewed the draft legislation and it would be optional.

Sheriff Don Eslinger addressed the Board to advise he has not read this proposal. However, he said he believes this would be expanding the definition of pawnbroker and would allow his office to be more restrictive at the local level.

Upon inquiry by Commissioner Van Der Weide, Mr. Groot advised there are two new pieces of legislation that have sprung up dealing with car title loans. Whereupon, Mr. McMillan advised these will be brought back to the Board for discussion.

Chairman Henley stated in view of the fact this gives the County a heavier hammer if they chose to use it, he would propose drafting a resolution in support of the legislation. Whereupon, Commissioner Van Der Weide concurred.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-31, as shown on page ________, in support of pawnbroker legislation.

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

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Mr. Groot advised the City of Altamonte Springs does not appear to be in attendance for the discussion on applicability of the Administrative Procedures Act (APA) for the MPO.

Attorney Steve Bechtel, representing MetroPlan Orlando, addressed the Board to advise there are 24 other MPO’s in the State and none of them have ever used rule-making under Chapter 120 in order to adopt their long-range transportation programs. He explained that both the Federal and State Law require there be a very extensive public hearing input process in the adoption of the plan. He said this process includes media outreach, community outreach, workshops and advertisement. He stated this is an ongoing public input process. He further explained that under Chapter 120, if someone did not like a paragraph in the plan or an element of it, they could file a rule challenge. That challenge would take several months to run it’s course and in the mean time, the plan would not be effective, there would be no funding, and no transportation project could go forward. He advised their position is that they have a substantial public hearing process already in place and they do not want to risk allowing someone to attack the plan through rule-making in order to delay endorsement and effectiveness.

Chairman Henley stated he can understand the point about challenging decisions, but he certainly would not want to under take any action that would jeopardize the public’s right to know and participate. Discussion ensued.

At the request of Chairman Henley, Mr. Barley, Executive Director of MetroPlan Orlando, addressed the Board to explain the action they took February 10, 1999 concerning light rail. Additional discussion ensued.

Commissioner McLain stated he is hoping that in the future they see a consensus to move light rail into Seminole County because, for environmental purposes and economic development, alternative transportation modes are needed.

Commissioner McLain left the meeting at this time.

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Mr. McMillan briefly discussed the draft copy (received & filed) of the County Manager search document. He requested Commissioners to review same and to direct comments back to him by this evening’s meeting. He also requested Board direction on expanding the advertising of the position to the Wall Street Journal.

Commissioner Maloy stated he does not see a problem with advertising in the Wall Street Journal.

Mr. McMillan stated Mr. Slavin thought it would generate a lot of unqualified candidates and would slow the process because he would have to deal with each one of the applicants whether they are qualified or not.

Commissioner Maloy stated that if it brought in more qualified candidates, it would be an expense well worth it.

Commissioner Van Der Weide stated the consultant is supposed to be the expert and apparently he feels he will be able to come up with a large group of candidates without advertising in the Wall Street Journal. He said he does not have "heartburn" with advertising in the Wall Street Journal, but does not feel it is necessary.

Chairman Henley stated the thing that concerns him in addition to the added expense, is that it would delay the process. He said this item will be taken up later this afternoon, pending attendance of Commissioner McLain.

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

1. Approve and execute Purchase Agreement, as shown on page __________, relating to Parcel #101, located at 101 Forrest Drive, Sanford, of the CR 46A Phase III road improvement project in the amount of $87,000, with no attorney fees and costs incurred. The owner is Fanny Ferguson through Doris Marie Williamson, appointed guardian.

 

2. Approve and execute Subordination of Utility Agreement, as shown on page __________, for Parcel #136 and #136 TIIF of the CR 46A, Phase II road improvement project (Rinehart Road to Country Club Road) which relocates AT&T’s lines at County’s expense. No other payment is due. The Agreement restricts the scope of County’s liability, which is favorable to prompt commencement of the road-widening project through the AT&T easement.

 

3. Approve proposed settlement relating to Seminole County v. LaGatta, et al, Parcel #100/700, located 70 feet east of Rinehart Road and north of CR 46A Phase II road improvement project in the amount of $384,789.60 inclusive of attorneys fees, but exclusive of costs. The owners are William J. and Linda M. LaGatta.

 

4. Approve proposed settlement relating to Seminole County v. Lagatta, et al, Parcel #103/703, located just east of the CR 46A/Cherry Laurel Drive intersection, of the CR 46A Phase II road improvement project in the amount of $380,000, inclusive of all interest, attorney’s fees and costs. The owners are Alan and Patricia Fulmer.

 

5. Approve proposed settlement relating to Seminole County v. Spears, et al, Parcel #138, #738, and #142, located at 125 Wekiva Springs Road, Altamonte Springs, Montgomery Road road improvement project in the amount of $157,736, exclusive of attorney’s fees and costs. The owners are Wendell E. Spears and NationsBank on a land lease.

 

6. Authorization to defend the Federal District Court action by Lenard Persin in regard to Lenard Persin v. Seminole County, requesting the Court to: (1) Issue a declaratory judgment that the amateur radio height restrictions contained in the Zoning Regulations are preempted by Federal and State law and, therefore, without force and effect; (2) Permanently enjoin and restrain Seminole County from interference with plaintiff’s plans to erect the proposed amateur radio tower; and (3) Award damages against Seminole County in an amount presently undetermined together with attorney’s fees.

Under discussion and at the request of Chairman Henley, Assistant County Attorney, Henry Brown, addressed the Board to explain the settlement relating to Item #4, Parcel #103/703, Alan and Patricia Fulmer.

Districts 1, 3 and 4 voted AYE.

Senior Planner, Jim Duby, addressed the Board to give the Board a brief update on the Natural Lands Prescribed Burn Program. Agenda Memorandum regarding same was received and filed. He advised they are fast approaching the commencement of the first burns. He expressed his appreciation to the Board and County staff for having the insight to support this program. He added that staff will focus on the public notification and awareness of the program.

Chairman Henley suggested notifying the public by SGTV.

Fire Chief Terry Schenk, addressed the Board to advise they are scheduled to film on SGTV next Tuesday.

The Board directed staff to notify adjoining property owners when the burn is scheduled.

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DCM, Cindy Coto, addressed the Board to advise that in 1996, the Board entered into an agreement with the Sheriff’s Office relating to the use of property located on CR 427. She said it is her understanding that with completion of the new Sheriff/Public Safety Building, the Sheriff no longer has a need for the facility. She further advised that the Sheriff has requested the use of this property to be transferred to the Kids House of Seminole. She stated the Kids House is a non-profit, multi-agency task force designed to protect abused children. She further stated that if the Board is desirous of granting the use, staff would recommend terminating the existing agreement with the Sheriff’s Office and entering into an agreement with Kid’s House of Seminole County. Also, an administrative rezoning would need to occur, and the staff would request authorization to proceed with same.

Sheriff Eslinger advised the building would be used for administrative offices. He said there would be no impact on the General Fund.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve request to terminate Intergovernmental Agreement with the Sheriff’s Office for property on North County Road 427; to approve request to utilize the property for Kids House of Seminole County; and to direct staff to proceed with the necessary administrative rezoning of the property.

Districts 1, 3 and 4 voted AYE.

Commissioner Van Der Weide requested staff to compile a list of properties purchased with transportation funds for the road building program and of all surplus property.

Commissioner McLain re-entered the meeting at this time.

Ms. Coto corrected Item #2, Waiver of Solid Waste Tip Fees, advising the Lots listed should be 22, 23, and 24.

Commissioner Van Der Weide stated he would like copies of bid evaluation sheets included in the agenda packets in the future.

A brief discussion ensued with regard to Item #10, RFP-425-98/BJC, Acquisition Services for Natural Lands.

At the request of Commissioner McLain, Fire Chief Schenk briefly discussed Item #28, Agreement relating to the provision of a computer system to receive Doppler Radar weather information.

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

1. Approve Drug Abuse Trust Fund Expenditures in the amount of $15,000 for the temporary position of Community Coalition Coordinator; and authorize the Department of Fiscal Services to transfer funds into the correct account line.

 

Environmental Services

Solid Waste

2. Approve request from the Sheriff’s Office to waive solid waste tip fees associated with the clean-up of Lots 22, 23, and 24 east of Jitway in the Midway community; and authorize reimbursement from the General Fund Contingency to the Solid Waste Fund tip fees in an amount not to exceed $1,000.

 

Purchasing

Formal Contracts

3. Award RF-159-98/BJC, as shown on page ________, Re-roof John E. Polk Correctional Facilities Phase II, to Big D Roofing, Inc., Ocala, in the amount of $527,850.
4. Award FC-160-99/BJC, as shown on page _______, County Home Road at US 17-92, Turn Lanes, to Superior Asphalt Company, Mount Dora, in the amount of $129,680.95

Professional Services

5. Approve ranking list for PS-534-99/BJC, CDBG Engineering Services, authorize negotiations and award Master Agreements, as shown on page ________, to Civil Design Group, Orlando; Conklin, Porter & Holmes, Sanford; Transportation Consulting Group, Winter Park; and WBQ Design and Engineering, Orlando in an amount not to exceed $300,000.
6. Approve ranking list for PS-536-99/BJC, SR 426 Utilities Relocation/Replacement, authorize negotiations and award Agreement, as shown on page __________, to Dyer, Riddle, Mills & Precourt, Inc., Orlando, in an amount not to exceed $475,000.
7. Approve First Renewal to PS-507-97/BJC, Professional Engineering Consulting Services for the Recycling/Recovery Facilities, with Brown & Caldwell/TIA Solid Waste Management, Maitland; and CH2M Hill/Glace & Radcliffe, Inc., Orlando, in an amount not to exceed $200,000.
8. Approve First Renewal to PS-510-97/BJC, Professional Engineering Consulting Services for the Landfill Facility, with Brown & Caldwell, Maitland; and SCS Engineers, Tampa, in an amount not to exceed $200,000.

Request for Proposals

9. Approve Amendment #2 to Work Order #14, as shown on page _______, to RFP-407-97/BJC, Civil Traffic Engineering Services for Tuskawilla Road Phase IV, with Professional Engineering Consultants, Inc., Orlando, in the amount of $20,000.
10. Approve changes to Contract for RFP-451-98/BJC, as shown on page _________, Services related to coordination and acquisition of properties for Seminole County’s Natural Lands, Trails, Greenways and Community Development Program, with the Triece Company, Debary, in an amount not to exceed $200,000.

Bids

11. Approve Amendment #1 to Bid-207-98/BJC, as shown on page ________, Hazardous Waste Disposal, with Safety-Kleen, Inc., Bartow, in an amount of $125,000.

Other

12. Approve International Travel to Halifax, Nova Scotia, for Kelly Loll, Purchasing Manager to attend the 54^th Annual National Institute of Governmental Purchasers (NIGP) Forum and Products Exposition Conference ($1,500 estimate).

Administration

13. Approve and authorize the Tax Collector to publish the 1998 Tax Delinquent Lists in the Seminole Herald at the rate of $0.70 per square inch for the first insertion and $0.40 per square inch for each subsequent insertion as described in Section 50.061(2) F.S.
14. Approve and authorize the Chairman to execute Resolution #99-R-33, as shown on page _______, to ratify issuance of Single-Family Homeowner Revenue Bonds on behalf of Seminole County (TEFRA hearing was held December 29, 1998).

Budget

15. Adoption of appropriate Budget Amendment Resolution #99-R-27, as shown on page __________, in the amount of $5,000, Library and Leisure Services: Fund 00100 – General Fund. The Board of County Commissioners approved a contract with the Florida Library Association on their October 27, 1998 agenda. This contract provides $5,000 to the County for library staff to create a manual and present workshops throughout the State for the Florida Library Youth Program.
16. Adoption of appropriate Budget Amendment Resolution #99-R-28, as shown on page _________, in the amount of $27,500, Public Works: Fund 10101, County Transportation Fund. In 1990, Lake Developers of Geneva, Inc. was required to make a $27,500 payment for the restoration of Snowhill Road for damages directly related to Borrow Pit #BP89-03. Funds were deposited in an escrow account and are now required to make necessary repairs in conjunction with the programmed and budgeted rehabilitation of significant portions of Snowhill Road.
17. Adoption of appropriate Budget Amendment Resolution #99-R-29, as shown on page ________, in the amount of $17,700, Public Works: Fund 10101, Transportation Fund. On November 17, 1998 University Unitarian Universalist Society paid the County $17,700 to pave a portion of McCulloch Road fronting the Society’s property.
18. BCR #99/38 in the amount of $15,000, Information Technologies – Information Services: Fund 10400- Development Review Fund, to provide funding for the Building Division’s new Direct Talk System, which replaces outdated equipment.
19. BCR #99/39 in the amount of $25,077 – Information Technologies – Information Services: Fund 00100 – General Fund, to provide funding for the leased computers received in 1997/98 which were invoiced in the 1998/99 for Roads, Judicial and Public Safety.
20. BCR #99/46 in the amount of $125,000 – Environmental Services – Water and Sewer: Fund 40100 – Water and Sewer Fund, to provide funding for design and construction of the Heathrow Water Treatment Plant project which was scheduled to begin FY 00/01.
21. BCR #99/47 in the amount of $30,000 – Sheriff’s Office: Fund 00100 – General Fund, additional funds to cover bid price for replacement of jail roof.
22. BCR #99/48 in the amount of $18,219 – Human Resources: Fund 00100 – General Fund, to provide funds for the Executive Search Consultant Agreement for a County Manager.

 

Library & Leisure Services

Library Services

23. Approve and authorize Chairman to execute Library Services and Technology Act (LSTA) Grant Application and Certification, as shown on page ________, regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Form.

 

Planning & Development

Comprehensive Planning

24. Approve and authorize Chairman to execute the Seminole Wekiva Trail (Pedestrian/Bikeway) Maintenance Agreement, as shown on page _________.

 

Development Review

25. Adoption of appropriate Resolution #99-R-30, as shown on page _________, accepting Warranty Deed, as shown on page _______, and canceling property taxes for right-of-way on Maronda Way, from CR 15 (Upsala Road) to the east 620.9 feet, from Maronda Systems, Inc.; and authorize Chairman to sign Resolution.

 

Public Safety

Animal Control

26. Approve and authorize Chairman to execute the Drug Enforcement Administration Application and Certification for Fee Exemption, as shown on page _________.

Emergency Management

27. Approve and authorize Chairman to execute State and Local Assistance Agreement, as shown on page _________, between the State Department of Community Affairs, Emergency Management Division and Seminole County.

EMS/Fire/Rescue

28. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and the Baron Services Corporation of Huntsville, Alabama, which relates to the provision of a computer system at no cost to the County, configured to receive Doppler Radar weather information.

 

Public Works

Stormwater

29. Approve and authorize Chairman to execute the Myrtle Lake Joint Facilitation of Public Infrastructure Agreement, as shown on page _________.

 

 

Traffic Engineering

30. Approve and authorize Chairman to execute two Right-of-Entry Agreements, as shown on page ________, for Sterling Casselberry Limited Partnership; and Wimsatt-Mt. Washington I, Limited Partnership for the purpose of constructing a traffic signal at the intersection of Howell Branch Road and Butler Plaza.

Request from Seminole Baseball, Inc. with regard to water connection fees at Soldier’s Creek Park.

Commissioner McLain stated he believes this would be a small token to this organization which does so much for the youth of Seminole County.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve request from Seminole Baseball, Inc. and authorize payment of approximately $1,500 of water connection fees from the General Fund.

Districts 1, 3, 4 and 5 voted AYE.

Current Planning Manager, John Dwyer, addressed the Board to advise of clarification of the Commitment Agreement for the Seminole Community College Oviedo Center. He said that both the County Attorney’s office and Development Review have reviewed the changes and agreed that the commitment agreement should be clarified. He advised of the following changes/clarifications: (1) Section 4, Building Phasing and Building Height, is clarified to include timing for improvements. Specifically, those commitments that would ordinarily be satisfied prior to the issuance of a site permit for construction will now need to be satisfied prior to the issuance of a Right-of-way Utilization Permit to gain access to a County road. For example, it will be necessary to dedicate areas below the 100-year flood Elevation, provide off-site drainage easements if necessary, dedicate additional right-of-way, etc. In addition, those commitments that would ordinarily be satisfied prior to the issuance of a Certificate of Occupancy or Certificate of Completion will now need to be satisfied prior to approval of the final inspection of the access improvements granted under the Right-of-way Utilization Permit. For example, installation of required landscaping, installation of required signals, installation of sidewalks, etc. (2) Section 9 clarified the fact that SCC will be responsible for offsite impact generated by this development to any unincorporated areas. (3) Section 10 clarified the service of water and sewer by the County as well as the provision for the payment of water and sewer reservation fees in accordance with the recorded agreement between SCC and the County. (4) Section 11 clarifies the compliance requirement for any other issues that may not be addressed in the Developer’s Commitment Agreement.

Mr. McMillan advised that Section 9, (c), will be replaced with the following language: "SCC acknowledges that it is responsible for the design and operation of on-site drainage facilities that comply with all State and Federal requirements, and that the County exercises no regulatory or other authority over or responsibility for the design or functionality of said system. County shall permit, in accordance with its standard permitting procedures and subject to such conditions as may be necessary, use of County drainage facilities and right-of-way to assist SCC in meeting its drainage obligations."

Attorney Donna McIntosh, representing SCC, addressed the Board to state there is another change to Section 4, (d), adding the following language: "This condition does not require a certificate of occupancy on any building prior to final inspection of road access improvements". She also advised of a typo on page 9, stating a zero needs to be deleted in the capacity of "16,5000 gallons per day", making it "16,500".

Mr. Dwyer concurred that the height of the bell tower will not exceed 90 feet.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Commitment Agreement, as shown on page ________, as clarified, pertaining to the Seminole County College (SCC) Oviedo Center.

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

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Markham Woods Estates Subdivision, located 1/8^th mile east of Longwood Markham Road, and on the south side of Via Hermosa, in Section 36, Township 19 South, Range 29 East, White Sands Development, with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Westlake Estates Subdivision, located on the east side of Orange Blvd., north of SR 46, in Section 30, Township 19 South, Range 30 East, Westlake Estates Inc., with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Lake Howell Road Subdivision, located on the east side of Lake Howell Road, west of SR 436, north of Howell Branch Road, in Section 28, Township 21 South, Range 30 East, Beazer Homes, with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

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Senior Planner, Sylvia Smith, addressed the Board to present the Preliminary Subdivision Plan for Citrus Oaks located on the south side of South Citrus Road, approximately 1/8 mile west of Shetland Road, in Section 13, Township 21 South, Range 30 East, Henderson Planning Group, Inc.

District Commissioner Maloy stated he would like to see this portion of the trail paved so that the children can ride their bikes on it to get to school.

Commissioner Van Der Weide left the meeting at this time.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to discuss the paving of this portion of the trail.

Commissioner Van Der Weide re-entered the meeting at this time.

Scott Henderson, Developer, addressed the Board to state he would also like to see the trail paved through this area. He advised he would be willing to contribute toward this paving, with the County to contribute in an amount not to exceed $6,000.

Motion by Commissioner Maloy, seconded by Commissioner McLain to approve the Preliminary Plan of Citrus Oaks Subdivision, located on the south side of South Citrus Road, approximately 1/8 mile west of Shetland Road, in Section 13, Township 21 South, Range 30 East, Henderson Planning Group, Inc., subject to staff recommendations, and with the Developer’s commitment that the trail would be paved, not mulched, to be done at the same time as the paving work for the subdivision, with the additional cost to the County not to exceed $6,000.

Districts 1, 3, 4 and 5 voted AYE.

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Ms. Smith presented the revised Preliminary Subdivision Plan of PARC DU LAC, located on the south side of East Lake Drive, ¼ mile west of Tuskawilla Road, in Section 13, Township 21 South, Range 30 East, Rink Development and Management, Inc. She advised that the Board approved the prior plan on February 24, 1998 with 13 lots on 5.47 acres. The revised plan contains 15 lots on approximately 7 acres with minimum lot sizes of 11,700 square feet in compliance with the R-1AA zoning designation. Additionally, the revised plan contains a lift station and larger retention pond east of the lots and a 20-foot wide landscape buffer easement along the southerly boundary adjacent to Lots 41 through 45 of Deer Run Unit 23B. The Plan was also revised to include a 20-foot wide landscape buffer easement along the southerly 20 feet of the retention pond tract. A 20-foot offsite drainage easement has been shifted to the north a distance of 20 feet to provide a 20-foot wide strip of property between the affected lots and the drainage easement area. This strip shall remain undisturbed by the developer.

District Commissioner Maloy stated there are two additional conditions which have been worked out with the developer in the past two weeks – additional plantings within the 20-foot buffer and the dedication of the conservation easement to the County.

Jeff Dotson, President of Rink Development & Management, Inc., addressed the Board to advise they are willing to dedicate the conservation easement to the County and to do the extra plantings to fill in the void.

District Commissioner Maloy expressed his appreciation to Mr. Dotson for spending the extra time to minimize the affect of this development on the neighborhood.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the revised Preliminary Subdivision Plan for PARC DU LAC, located on the south side of East Lake Drive, ¼ mile west of Tuskawilla Road, in Section 13, Township 21 South, Range 30 East, Rink Development Management, Inc., with staff recommendations, including dedication of the Conservation Easement to the County and additional plantings in the 20-foot buffer to fill in the void.

Districts 1, 3, 4 and 5 voted AYE.

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

1. Expenditure Approval Lists, as shown on page ________, dated February 2 and 9, 1999; and Payroll Approval List, as shown on page _______, dated February 18, 1999.

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

 

Shawn Agger, #98005729MM - $200

Enrique Alcantar, #98009228MM - $200

James Aviles, #89003913CFA - $300

Melissa H. Baker, #98006873MM - $200

Anthony J. Bernardo, #98011886MM - $200

Jason Best, #98002195CFA - $350

Charles Neal Blair, #91011501MM - $50

Larry Bradley, #98000052MM - $200

Nodicia Lucosha Conyers, #97000301CFA - $200

Juan C. Cruz, #98008842MM - $200

Katina L. Engram, #92007017MM - $75

Steven Figueroa, #98002895MM - $100

Benjamin F. Finley, Jr., #97013838MM - $200

Thomas W. Forino, #98004030MM - $200

Horace Glenn, #98002695MM - $100

George Thomas Hardison, #97010636MM - $500

Fred Keith Henderson, #91002618CFA - $300

Kevin Hoyt, #97009887MM - $200

Rae DL Johnson, #98001765CJA - $50

Roger Johnson, #98007838MM - $200

Jessie James Jones, #96001539CFA - $200

Kurt Kelsey, #98004185MM - $200

Kenneth Lankford, #96003422CFA - $200

Steven Marshall, #98005950MM - $200

Christopher J. Martin, #95000560CFA - $200

Heath Martin McCauley, #98003016MM - $200

Heath Martin McCauley, #98003592CFA - $200

Daniel Mead, #97003182CFA - $200

Priscilla (J.N.) Newman, #98000269CJA - $50

Jennifer D. Phillips, #97007602MM - $240

Nancy & Robert (AP) Pilk, #98001394CJA - $50

Calvin Pryor, #94004444MM - $200

Debra LR Raynor, #98002169CJA - $50

Lyna Schoening, #94003113CJA - $150

Barbara DT Sierra, #98001153CJA - $100

Denisse Soler, #97004192CFA - $100

Dwayne Kirk Tennant, #97000743MM - $100

 

2. Approval of Official Minutes dated January 26 & 27, 1999 and February 9, 1999.

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

The Board, thereupon, recessed at 11:31 a.m., reconvening at 1:37 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

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

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

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a portion of Fourth Street located east of Orange Boulevard (County Road 431) and west of Emmett Avenue within the Plat of the Town of Sylvan Lake Subdivision (Lupe Mendoza), received and filed.

Sylvia Smith, Senior Planner, addressed the Board to present the request. She stated staff recommends adoption of the Resolution.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-32, as shown on page __________, vacating and abandoning a portion of Fourth Street located east of Orange Boulevard (County Road 431) and west of Emmett Avenue within the Plat of the Town of Sylvan Lake Subdivision; as described in the proof of publication, Lupe Mendoza.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Ordinance amending the Land Development Code to exempt Public and Private Schools from the payment of Road and Fire Impact Fees, received and filed.

Planning and Development Director, Frances Chandler, addressed the Board to present the request. She advised the clarification of the definition of private school has been made.

Sheldon Benz, 504 San Sebastian Prado, Altamonte Springs, addressed the Board to state he is in favor of the amendment. He said the County has benefited very much from the operation of private schools by not having to provide additional space for the students who are served at the private schools. He asked why should not the private schools be exempted from the impact fees if the public schools are already exempt.

Brad Parker, 109 Yearling Drive, Lake Mary, addressed the Board to state it is very encouraging to him that Seminole County is willing to take a look at diversity in the educational system. He said some Seminole County residents do choose to send their children to private schools. It might be a real encouraging thing if the private schools take a look at Seminole County and evaluate the opportunities that may be here in having this diversity.

Charles Comeau, 304 Oakwood Court, Lake Mary, addressed the Board to state the private schools are taking the time to teach children to honor their parents and God, and the public schools are not doing that. He said diversity is needed in the schools which will stimulate the public system and make them realize they are competing. He also said he has found that a lot of students in the public schools are not getting the education they should be getting.

John Book, member of the International Association of Christian Schools, addressed the Board to state by calling this an impact fee does not change the fact that it is still a tax, and he was surprised that this was ever a part of the law in Seminole County. He said public schools are a public identity and survive off taxpayers, so it makes little sense to tax them again.

No one else spoke in support or in opposition.

The Economic Impact Statement for the Ordinance and Speaker Request Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to adopt Ordinance 99-4, as shown on page __________, amending the Land Development Code to exempt Public and Private Schools from the payment of Road and Fire Impact Fees; as described in the proof of publication.

Under discussion, Commissioner McLain stated he thinks the Board is breaking ground to allow private schools to be on the same ground level as public schools.

Commissioner Maloy stated he thinks this is just an issue of fairness to treat all schools the same. He thinks this is a wonderful accomplishment and in the end, it will benefit both public and private schools.

Chairman Henley stated he has worked for years in the public school system and knows very well the part the private school has played. He definitely feels the private and church school provide a vital part in the community.

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

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

1. Contract for Services, as shown on page __________, between Seminole County and G. Raymond Parker (Site Referee), Robert Walsh (Court Umpire), Thomas Flaherty (Site Referee), Patsy Pagan (Tennis Teacher) and Charles Gaussiran (Site Referee and Court Umpire).

Chairman Henley reported he met briefly with School Board Chairman Larry Furlong to discuss their request for a joint meeting. He asked the Commissioners to get items to Mr. Kaiser they wish to place on the agenda, so Mr. Kaiser can meet with Dr. Hagerty to set up that meeting.

Chairman Henley said there has been interest from some School Board members to revisit the impact fee as it exists for the school system. He distributed an information packet (copy received and filed) to the Board from a meeting concerning Orange County, which recently revisited and increased their impact fees significantly. He asked the Commissioners to review this, as it may help in preparation for their upcoming meeting with the School Board.

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Chairman Henley said this morning he asked Harry Barley, MPO Executive Director, to comment regarding the action of the MPO to vote to repeal action previously taken on light rail. Mr. Barley explained they repealed their action in an effort to have a level playing field for the study previously authorized for the northern route. Chairman Henley advised at the meeting he personally felt it was appropriate to rescind the vote in view of the fact that a study of the corridor from 17-92 to I-4 had been reauthorized. Therefore, the study team didn’t need the prejudice of that vote by the MPO. He asked if the Commissioners want to follow the lead of the MPO regarding taking away any prejudice of the previous vote.

Commissioner Maloy said he thinks the decision made was a prudent one and he supports the MPO members’ action.

Commissioner Van Der Weide stated he was at the meeting and said he thinks it is important for them to take and come to a consensus to support the MPO in their restudy of I-4.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to support the MPO in their restudy of I-4.

Under discussion, Commissioner McLain stated his point is that when something is brought up that is not on the agenda with the major impact of reversing a vote, he believes it would have been more prudent for the MPO to table it until the next meeting and allow each of the representatives to go back and brief their different boards and talk to the cities. He said he didn’t think there was to be a study to evaluate I-4, but the prior vote would be changed so there would be no prejudice to either line. He said Commissioner Van Der Weide’s motion talks about restudying I-4 only.

Commissioner McLain amended the motion to support the MPO in their reevaluation of the northern alignment in Seminole County (and not put in one of the two alignments). Discussion ensued.

Commissioner Van Der Weide stated he has no problem with what alignment would be studied. He said he would accept the amendment.

Chairman Henley said he thinks everybody is in agreement with Commissioner McLain’s statement that they want a fair study so that when and if Seminole County becomes a part of a rail program, the alignment is one that has been fairly evaluated and they can agree on the right place to put it.

Chairman Henley called for a vote on the motion, as amended, to rescind the previous motion regarding the CSX route.

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

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Chairman Henley asked if the Board wished to go to the additional expense (from $3,500 to $5,500) of advertising for a County Manager in the Wall Street Journal, in addition to other publications.

Commissioner McLain stated he will follow the recommendation of the party hired to do the search to not spend those extra taxpayers’ dollars.

The majority consensus of the Board was not to expend funds for the advertising beyond what was budgeted in the proposal itself.

Commissioner Maloy was opposed to the consensus.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to reappoint Fred Gaines to the Historical Commission for a two-year term and Glenn Osborne to the Plumbing Examiners Board for a one-year term.

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

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Commissioner Van Der Weide reported on his attendance at a Board of Adjustment meeting last night where he saw the need for an attorney to be at the meeting.

Mr. McMillan advised that the County Attorney cannot sit to hear appeals against the Board of Adjustment and also sit as an advisor in the BOA meetings. Whereupon, Commissioner Van Der Weide stated not having a County Attorney there has left the volunteer citizens in a lurch, and Ginny Markley, Zoning Coordinator, has been left to answer a lot of legal questions. He said he is not sure Ms. Markley is qualified for that and he doesn’t think she should be put in a position like that. Discussion ensued.

Mr. McMillan said he could meet with staff, review their agendas, and have someone in attendance at the BOA meetings every month. He said he will evaluate doing that.

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Commissioner Maloy stated he received a phone call about code enforcement action against Bob Dance Dodge involving inflatable Christmas decorations, and the fine by the Code Enforcement Board has mounted to $23,000. He stated his opinion would be to reduce the fine substantially or eliminate it altogether.

Mr. McMillan explained what generally happens with the Code Enforcement Board. He said he will be happy to look at the case, but at this point the BCC has no option to take direction, as it has no authority to reduce or eliminate a fine, or do anything else because the case has not completed the Code Enforcement Board process. Discussion ensued with the Board.

Deputy County Manager, Cindy Coto, addressed the Board to state typically a violation will go on for quite some time before it goes before the Code Enforcement Board.

Attorney Segal, representing Bob Dance Dodge, addressed the Board to state these were holiday decorations that were on a piece of property with no "for sale" signs or anything. He recounted some of the events of the case. He asked if there was a fine and what is the amount.

Ms. Coto answered that she and Mr. McMillan just became aware of this matter at 1:30 p.m. today and have not taken a look at the file.

Attorney Segal said he has 30 days to appeal in Circuit Court and that time is within in a couple of days.

Chairman Henley asked the County Manager and staff to look into this matter and determine if the dates and days can be identified when the decorations were displayed and if, in fact, there was advertising. Staff needs to determine if any inflatable object is a violation of the code. He said if the Board wants to, they can rewrite the ordinance that inflatable objects without advertising are not a violation. He asked staff to review the file and advise Attorney Segal if there is a fine or not. The staff can determine which counsel (County Attorney or CEB Counsel) will communicate with Attorney Segal.

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Commissioner McLain stated he will probably request funding from the Board to continue the effort of cleaning the cemetery off 46A, and he hopes he can count on the Board’s support. Chairman Henley stated he concurs wholeheartedly with this effort.

Chairman Henley advised of request from Victor White, Executive Director, Orlando Sanford Airport to nominate two citizens to serve on the Sanford Aviation Noise Abatement Committee. He said Mr. White provided information (copy received and filed) on their by-laws and on candidate Jack Taylor, who is willing to serve.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to appoint Jack Taylor to serve on the Sanford Aviation Noise Abatement Committee.

Under discussion, Commissioner McLain reported the Airport Authority is trying to be very accountable on the noise situation and he commended them for that. He said Mr. Taylor has shown interest in the problem and has been very cooperative and helpful with comments and seems like an excellent choice.

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

Chairman Henley asked Mr. Kaiser to prepare a letter advising the Committee of the appointment.

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Chairman Henley distributed information (received and filed) regarding the Light Rail project and also a coy of the Orange County Resolution on same (received and filed).

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Commissioner McLain stated earlier today the Sierra Club felt it necessary to come forward and make a presentation to the Board that was somewhat inflammatory. He thought it was appropriate to go out and at least speak with the group about the problems they see concerning the Wekiva River and Econ Basin. He encouraged them to come see the Board and make their requests known rather than use these type tactics to embarrass the Commissioners. He said he was well received. Commissioner McLain said he thinks in most cases the Board agrees with the Sierra Club. He expressed to the group it was a shame they were not awarding the Board for all the things they have done in buying environmentally-sensitive land along these basins. He told them to work with the Board and they will continue to try to solve their problems.

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Chairman Henley distributed to the Board information (copies received and filed) from the Tourist Development Council meeting concerning the request from the City of Sanford to refurbish the Sanford Memorial Stadium.

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The Board, thereupon, recessed at 3:00 p.m., reconvening at 7:05 p.m., with all Commissioners (with Commissioner McLain being late) and all other Officials at the Opening Session.

Chairman Henley announced that Commissioner Morris is in Spain for two weeks, and Commissioner McLain is involved with the Canvassing Board for the election today and he doesn’t know when he will arrive at the meeting.

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of an Ordinance amending the Land Development Code for Outdoor Advertising Sign Regulations (Billboards), received and filed.

Chairman Henley said recognizing there would not be a full Board tonight, the Commission this morning came to the consensus that they would defer this hearing until later so that the two absent Commissioners could participate. Staff spent time notifying persons that the ordinance would be delayed.

Mr. McMillan left the meeting to check the statutes and returned shortly to report that the hearing would have to be held at night. Upon discussion with Current Planning Manager, John Dwyer, concerning how the M-1 zoning would be affected by the Ordinance, Mr. McMillan then said the hearing can be held in the afternoon BCC meeting.

Chairman Henley advised the audience the problem with setting the hearing at the next night meeting is that there is another election on that date and one of the Commissioners would again be on the Canvassing Board at that time.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to March 9, 1999, at 1:30 p.m., or as soon as possible thereafter, the public hearing to consider adoption of Ordinance amending the Land Development Code for Outdoor Advertising Sign Regulations (Billboards); as described in the proof of publication.

Districts 1, 3, and 5 voted AYE.

Proof of publication, as shown on page __________, calling for a public hearing to consider Large Scale Plan Amendment for Heathrow Planned Unit Development from Suburban Estates to Planned Development, and associated Rezone from A-1 (Agriculture) to Planned Unit Development (PUD); property located south of Markham Road and 2,000 feet west of Orange Boulevard, received and filed.

Upon considering the letter (copy received and filed) that was faxed to Matt West from the Department of Environmental Protection, Commissioner Van Der Weide asked the County Attorney if there was any serious time-frame reason why this hearing could not be continued also.

Mr. McMillan stated he understood there is a statutory time frame involved having to do with getting this item back to DCA within a certain amount of time.

Matt West, Senior Planner, addressed the Board to state there is a 60-day time frame and they are already beyond that time. Whereupon, Mr. McMillan said he believes at the last meeting the applicant agreed to extend the time to this meeting.

Attorney Miranda Fitzgerald, representing Heathrow Land Company, addressed the Board to state they would like to go forward tonight with the hearing portion of this meeting.

Commissioner Van Der Weide explained that because the District Commissioner is not present and his recommendation is very valuable to him, he would want to continue the hearing.

Cindy Matheny, Senior Planner, addressed the Board to state she met with Commissioner McLain last week and got his findings on the amendment, which was without public input and he had no knowledge of the letter from DEP at that time.

Attorney Fitzgerald discussed the continuance further. She said the letter from DEP really addresses the DRI. She continued that this property is under contract. She conferred with Mr. Debosh, property owner, who said if the Board is more comfortable with the District Commissioner in attendance, he would be happy with that.

Current Planning Manager, John Dwyer, stated based on the adoption hearing, they were going to have some problems relative to the ORC response. Whereupon, Ms. Matheny advised if the applicant agrees with the continuance, staff would have no problem with it.

Attorney Fitzgerald agreed to the continuance.

No one else spoke in support or in opposition.

Commissioner Maloy stated if the applicant is in agreement and has no problem with the continuance, and since there is some frustration with Commissioner Van Der Weide, he would not have a problem with a continuance.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue the Large Scale Plan Amendment for Heathrow Planned Unit Development from Suburban Estates to Planned Development, and associated Rezone from A-1 (Agriculture) to Planned Unit Development (PUD); property located south of Markham Road and 2,000 feet west of Orange Boulevard; as described in the proof of publication; with the understanding the continuance is to a date the District Commissioner will not serve on the Canvassing Board.

Under discussion, Chairman Henley stated he will serve in that capacity (on the Canvassing Board) on March 9, 1999, so that the District Commissioner can attend the meeting.

Attorney Fitzgerald responded to a comment in the letter to Mr. West concerning gopher tortoises. She stated apparently DEP is not aware that the entire Heathrow project was permitted to deal with the gopher tortoises and a biological report was done and there are no gopher tortoises on the property.

Commissioner Maloy questioned if the letter is officially from DEP or someone who works for DEP. Mr. West said he would have to check that.

Chairman Henley stated since there are two Commissioners with the desire not to go forward, the hearing will be continued to March 9, 1999, at 7:00 p.m., or as soon thereafter as possible. He apologized to Attorney Fitzgerald for the delay.

Districts 1 and 3 voted AYE.

Chairman Henley voted NAY.

Chairman Henley recognized Boy Scouts Troop 655 in the audience with their Leader, Mr. Larkins.

Commissioner McLain entered the meeting at this time, 7:27 p.m.

Chairman Henley advised him of the Board action just taken. After reviewing the DEP letter with Mr. West, Commissioner McLain stated he thinks it would be appropriate to wait until March 9 for the hearing and allow staff to obtain more information. He concurred with the prior vote.

Continuation of a public hearing from February 9, 1999, to consider the Heathrow Development of Regional Impact (DRI) Notice of Proposed Change/Substantial Deviation Determination; property generally bounded by Markham Woods Road to the west, Lake Mary Boulevard to the south, International Parkway to the east and Markham Road to the north, Heathrow Land Company.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to continue to March 9, 1999, at 7:00 p.m., or as soon thereafter as possible, consideration of the Heathrow Development of Regional Impact (DRI) Notice of Proposed Change/Substantial Deviation Determination; property generally bounded by Markham Woods Road to the west, Lake Mary Boulevard to the south, International Parkway to the east and Markham Road to the north, Heathrow Land Company.

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

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At the request of Mr. Larkins, Commissioner McLain explained to the Boy Scouts the discussion and action of the Board regarding the Heathrow DRI, since they entered the meeting late.

Chairman Henley advised Mr. Kaiser that Mr. Barley has a program on air quality and would be happy to present that here. Maybe he and County Engineer, Jerry McCollum, can work together to present a program and briefing later to the Board.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:39 p.m., this same date.

ATTEST _______________________Clerk____________________Chairman

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