BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 12, 1998
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:05 a.m. on Tuesday, May 12, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Randy Morris (District 2)
Vice Chairman Win Adams (District 4)
Commissioner Grant Maloy (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner Daryl McLain (District 5)(Late)
Sheriff Don Eslinger
County Manager Gary Kaiser
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
COUNTY MANAGER’S BRIEFING
Commissioner McLain entered the meeting as Chairman Morris was explaining the new format for holding the BCC meetings.
DCM, Cindy Coto, asked Legislative Consultants, Bobby Brantley and Ed DePuy, to provide an update to the Board on how the County faired in the legislative session this year. A copy of the handout on the 1998 Legislative Agenda items was received and filed.
Mr. DePuy reviewed from the handout covering the Little Wekiva River Restoration, Lake Jessup Restoration projects and the Juvenile Assessment Center funding.
Mr. Brantley reported on his meeting with DOT Secretary regarding the proposed Flyover of U.S. 17-92 and S.R. 436 who informed him that DOT is now in the process of redoing their entire work program so the time to get something started on the
flyover is now. Also, DOT made it clear that the MPO is where they need to be working to get this project moved up on their priority list and possibly get some local studies done to get things going. Whereupon, Chairman Morris advised that the MPO has put this project on their list and will receive money for the study from the Federal government. He noted that Orange County is concerned about Route 50 and 436, and he thinks Seminole County needs to work very closely with Orange County on both flyovers.
Mr. DePuy continued his review with the State Health Department item. He pointed out that this is in the State budget as Seminole County Mental Health. Jim Berko expressed appreciation to the Chairman and said he is looking forward next year for further equity funding.
Mr. DePuy advised that there is no pending veto on any of these budget items.
Mr. Brantley noted the important part the Seminole County Commission and Chairman Morris played in approval of the proposed Constitutional Amendment, Ex-Parte Communications. He said the language passed was virtually verbatim to what Chairman Morris used. Chairman Morris gave tribute to Assistant County Attorney Lonnie Groot for keeping the Board informed on this issue.
Mr. DePuy reviewed the history of the Tourist Development Tax and asked Mr. Groot to give his interpretation of what SB 884 allows Seminole County to do. Mr. Groot explained that this bill removes a condition so that any county could impose the tax for construction of a convention center and the new language allows for 10 years for funding and operation of a convention center. He said this bill is on the Governor’s desk until May 21.
Mr. DePuy explained they had difficulty finding a sponsor for the Traffic Hearing Officer Program as a cap was placed by the Speaker of the House to allow only four bills at one time. He said if this is high on the County’s agenda next year, they can get an earlier start and possibly find a sponsor. He reported that all the different proposals on Eminent Domain failed and the existing laws are still in force. He said if direction is given early from the Board, they can join with others next year on this issue.
Mr. DePuy stated he wants to make sure members of the Legislative Delegation know how they appreciated their support. Chairman Morris asked him to highlight particular members who went above and beyond, aside from the Seminole County Delegation, and the Board collectively will send a letter of thanks for their help.
COUNTY ATTORNEY’S BRIEFING
Mr. McMillan announced that his office is sponsoring a seminar on Public Records/Submissions on June 5 at 1:30 p.m. He invited the Commissioners to attend. He said Mr. Kaiser will send a memo to Directors, Division Managers, and other key people so they can also attend. Chairman Morris asked staff to tape the seminar so the managers who are not here can view it.
COUNTY MANAGER’S REPORT
CONSENT AGENDA
Mr. Kaiser advised that Item #12, Award of FC-139-98/BJC, is pulled from the Agenda; for Item #30, Amendment #1 to M-46-98, there is additional computer hardware (copy of same was received and filed); and he has an add-on Item #5(b), funding of The Seminole Vision (copy received and filed).
Commissioner Maloy asked that Items #1, 24 and 26 be pulled for a separate vote.
Mr. McMillan advised for Item #26, Award RFP-431-98/BJC, Closing agents, Title search services to Shutts & Bowen LLP, that there was only one bidder as was the case last year. Commissioner Maloy stated with the number of existing closing agents, they need to look at this and try to have some competition. He said if they did not get bids in, staff needs to look at the process originally used to try to have more bidders.
Kelly Loll, Purchasing Manager, addressed the Board to explain the procedure staff followed in advertising and sending out bid notices. She noted that she asked the analyst to try to get as much competition as possible.
Upon inquiry by Commissioner Adams, Principal Planner Buddy Balagia and Housing Specialist Huey Davis addressed the Board to answer questions regarding Item #8, funding for the Seminole Housing Advocacy Action Coalition. Commissioner Adams requested that this item be pulled for a separate vote.
Commissioner Adams discussed Item #28, Request to approve Proprietary Source for the emergency purchase of services to modify the Wetlands/Permit Application at the Northwest Regional Wastewater Treatment Facility and authorize payment. He said this is really a savings and he thinks where staff is able to come up with a savings, that needs to be reported. Whereupon, Mr. Kaiser said he will make a note to report positive news by the County.
Chairman Morris requested that Items #17, 18, 19, 20, 21, and 22, all to authorize negotiations for professional engineering services, be pulled for a separate vote. He said it’s ironic that the larger contracts have sometimes two bidders and the smaller ones have three. As he thinks there should be at least three firms in each case, he asked staff to come back at the 1:30 p.m. meeting with who the third firm should be.
Ms. Loll explained that the Selection Committee came up with the number of vendors they would recommend. The Committee’s representative addressed the Board to state they submitted the ranking of all the responders and just selected the top two, but they can select the top three responders.
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams, to authorize and approve the following:
Public Safety
EMS
2. Approve and authorize Chairman to execute Agreement Certificates of Public Convenience and Necessity for the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs Fire Departments.
Planning & Development
Development Review
3. Approve and authorize Chairman to execute Primera Road Impact Fee Agreement, as shown on page __________. District 2
4. Adopt appropriate Resolution #98-R-99, as shown on page __________, to vacate and abandon the 15-foot rear yard utility easement over lot 6, Eagle’s Point Phase 2; property located at 1141 East Tuskawilla Point, north of Red Bug Lake Road and east of Tuskawilla Road in Eagle’s Point Subdivision (Eagles Point Development, Ltd. Partnership). District 1
5. Adopt appropriate Resolution #98-R-100, as shown on page __________, to vacate and abandon the 3-foot portion of the platted 14-foot rear lot utility easement over a portion of lots 8, 9, and 10, English Estates Unit One; property located north of Derbyshire Road and west of Oxford on the east side of Stratford Road at 1244 Stratford Road, Maitland (Albert and Jane Dinquel). District 4
Comprehensive Planning
6. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page __________, with the Rescue Outreach Mission of Sanford, Inc. ("Mission"), to purchase computer and office equipment for the continuing provision of homeless shelter services to the community.
7. Approve and authorize Chairman to execute a Tri-party Agreement, as shown on page __________, with the Seminole County Sheriff’s Office and the City of Sanford to fund community policing efforts in the Goldsboro/Lockhart’s Subdivision area.
Community Services
Community Assistance
9. Approve and authorize Chairman to execute application, as shown on page __________, for the Department of Community Affairs’ Byrne Drug Control and System Improvement Formula Grant Program (Lapse Funds) to be facilitated by the Seminole County Sheriff’s Office.
Office of Management & Budget
Purchasing
Formal Contracts
10. Award FC-135-98/BJC, as shown on page ________, Greenwood Lakes Wastewater Treatment Plant Improvements, to Wharton-Smith, Inc., Lake Monroe ($1,010,000).
11. Award FC-138-98/BJC, as shown on page ________, Howard Avenue & Shortcut Canal Project, to Cathcart Contracting Company, Oviedo ($156,390.35).
12. Pulled for no action the request to Award FC-139-98BJC, Howell Branch Road, Phase I (SR 436 to SR 426), to Sterling Silver Scape & Sod, Kissimmee ($170,000).
13. Approve Change Order #2, as shown on page __________, to FC-121-97/BJC, Bookertown Potable Water System, with Linco Construction, Inc., Longwood ($1,500).
14. Approve Change Order #3, as shown on page __________, to FC-122-97/BJC, McNeil Road, with Southland Construction, Inc., Apopka ($12,084.29) (Time Extension).
15. Approve Change Order #11, as shown on page __________, to FC-348-96/BJC, Sheriff’s Office and Public Safety Building, with DiPrima Construction Company, Satellite Beach (-$1,092,029.00).
Professional Services
16. Approve Miscellaneous Contract M-57-98/BJC, as shown on page __________, Tuskawilla Road Phase III and IV (East Lake Drive to SR 434) Oak Forrest Subdivision Wall, with Bowyer Singleton and Associates, Inc., Orlando; and waive the competitive process ($79,765.00).
23. Approve ranking; authorize negotiations with Intertect Design Group, Inc., Orlando; and Ray Johnson & Associates, P.A., Orlando; and award PS-519-98/BJC, as shown on page _______, Architectural/Engineering Services for Construction Projects under $500,000 (not-to-exceed $180,000.00).
25. Approve Amendment #1, as shown on page __________, to Work Order #4 to PS-144, Lynwood Water Treatment Plant Design/Engineering Services Agreement, with Post, Buckley, Schuh & Jernigan, Inc., Winter Park ($20,000.00).
Request for Proposal
27. Approve Assignment, as shown on page __________, of RFP-225-95/BJC, Security Guard Services, from Securex, Inc., Tampa, to International Total Services, Inc., Independence, Ohio.
Sole Source and Proprietary Source
28. Approve Proprietary Source for the emergency purchase of services to modify the Wetlands/Permit Application at the Northwest Regional Wastewater Treatment Facility and authorize the payment for these services performed by Applied Technology & Management, Inc., Gainesville (not-to-exceed $40,000.00).
29. Authorize Proprietary Source Procurement; and authorize the issuance of a Purchase Order to Motorola Wide Area Network Equipment for the Sheriff’s Office and Public Safety Complex, with Motorola, Inc., Longwood ($99,348.00).
Other
30. Approve Amendment #1, as shown on page __________, to M-46-98 Master 3-Year Computer Lease Agreement with MLC Group, Inc., Reston, Virginia ($60,000.00).
31. Approve request to declare surplus and competitively bid the sale of Lots 8 and 9, Block "C", 164 Sultana Lane, Druid Hills Park.
32. Approve request to declare surplus and competitively bid the sale of three (3) prefabricated metal buildings at 551 N. CR 427, Longwood; 172 Palmetto, Longwood; and 100 Seminola Boulevard, Casselberry.
Budget
33. BCR #98/78 ($2,175), Public Works/Traffic Engineering, Fund 077700 County Transportation Fund; to use capital savings for budgeted lift truck for which the actual purchase price is higher than budgeted.
34. BCR #98/79 ($30,388), Public Works/Stormwater Fund 13000, Stormwater Fund; makes additional funds available to purchase a Boom Mower for the Stormwater Division.
35. BCR #98/81 ($374,000), Environmental Services/PECPM, Fund 40103 Connection Fees-Sewer Fund; to provide additional funds for the Greenwood WWTP Improvement Project due to changes in design and construction project scope change to address odor related problems, site soil conditions and a lift station wetwell liner.
36. Budget Amendment Resolution #98-R-101, as shown on page __________, ($1,631), Office of Management & Budget, Fund 00100, General Fund; transfer of funds from the Pari-Mutuel Sidewalk project in the Transportation Trust Fund to the Information Services Division in the General Fund for lease of a computer. Funds also transferred to the Engineering operating budget within the Transportation Trust Fund for the purchase of associated software.
37. Authorize expenditure in the amount of $900 from the Law Enforcement Trust Fund to provide training funds for drug and alcohol abuse counselors through the Florida School of Addiction Studies Alumni Association.
38. Authorize expenditure in the amount of $6,000 to provide funding for Drug/Violence Prevention Mini-Grants during the 1998/99 school year.
39. For Information Only: Supervisor of Elections has reclassified employee position #7992 to accommodate the transfer of the Computer Programmer into her organization as approved by the BCC on March 24, 1998; Information Services will retain position #7489, Program Manager.
40. Adoption of appropriate Resolution #98-R-102, as shown on page __________, establishing annual maintenance assessments for two aquatic weed control MSBUs and one landscape maintenance MSBU. Districts 1 and 4
41. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Gerald L. and Helon K. Mardis for the Black Hammock Water Distribution Taxing District. District 5
Administrative Services
Support Services
42. Approve and authorize Chairman to execute revised Lease Agreement, as shown on page __________, between Seminole County Government and First Capital Property Group, Inc. for lease space in the Welaka Building.
OMB/MSBU - Add-on Items
43. Authorization for the Chairman to execute Satisfaction of Lien, as shown on page __________, for Tracy, Jr. and Harriett F. Smith for the Black Hammock Phase III (Genova Woods) Water Service Municipal Service Benefits Unit.
44. Board authorization to advertise and schedule a public hearing for an Ordinance establishing/creating the Dixon Road Paving and Drainage Municipal Service Benefits Unit.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Under discussion, Commissioner Maloy stated he thinks much of the work could be done in-house.
Districts 2, 4, and 5 voted AYE.
Commissioners Maloy and Van Der Weide voted NAY.
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8. Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve funding in the amount of $10,000 from the current year CDBG Program contingency account to fund grant preparation services for the Seminole Housing Advocacy Action Coalition (SHAAC) to apply for $1 million in Supportive Housing Program (SHP) funding; and authorize Office of Management & Budget to make an appropriate Budget Change Request to transfer the funds from an existing contingency account.
Under discussion, Commissioner Adams stated the Coalition is asking the Board to spend $10,000 and they don’t know if they will get the grant. He said he cannot support this. Commissioner McLain said these are Federal dollars the County receives and since the agency doesn’t have the staffing, he thinks it would be appropriate funding.
Chairman Morris stated many jurisdictions have hired grant writers because the grants are so "messy." This is money that should be returned to the community, so they are risking money basically that should be the County’s anyway.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Adams voted NAY.
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24. Motion by Commissioner McLain, seconded by Commissioner Adams, to approve First Renewal to the Legal Consultant Agreement with Shutts & Bowen, Orlando (not-to-exceed $300,000.00).
Districts 2, 4, and 5 voted AYE.
Commissioners Maloy and Van Der Weide voted NAY.
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26. Motion by Commissioner Adams, seconded by Commissioner McLain, to award RFP-431-98/BJC, as shown on page __________, Closing Agents, Title Search Services to Shutts & Bowen LLP, Orlando (not-to-exceed $250,000.00).
Under discussion, Commissioner Maloy stated he believes there has to be more than two companies that do this sort of work. County Attorney, Robert. McMillan, said apparently, there is so much business in private real estate that other companies did not respond.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Maloy voted NAY.
COUNTY ATTORNEY CONSENT AGENDA
Mr. McMillan advised he has two add-on items (copies received and filed) to his report as Items #5, Adult Entertainment, and #6, Administrative. He discussed Item #5 requesting the Board to ratify filing of an appeal (filed yesterday by his office) or direct the staff to dismiss the appeal if the Board is not in concurrence with the filing.
Chairman Morris stated Judge Dickey took the order exactly as given by Sassy Merlot’s attorney.
Deputy County Attorney, Lonnie Groot, stated his comment is that Judge Dickey is wrong.
Chairman Morris advised regarding Item #4, CR 46A/I-4 Interchange Road Improvement project, that the Bank of Central Florida has asked that this item be pulled for two weeks as they wish to look closer at what the hold harmless would be.
County Engineer Jerry McCollum, Assistant County Attorney Henry Brown, and County Attorney Robert McMillan all concurred that the Board could vote on this item, but hold on the part that deals with the Bank of Central Florida. The Board had no objections.
Motion by Commissioner Adams, seconded by Commissioner Maloy, to authorize and approve the following:
Property Acquisition
1. Adopt Supplemental Resolution of Necessity #98-R-103, as shown on page __________, and approve acquisition of a temporary leasehold interest relating to Parcel No. 143 of County Road 427, Phase III, road improvement project in the estimated amount of $27,000 (Edward Meixsell, owner).
2. Approve Purchase Agreement, as shown on page __________, relating to Parcel No. 131.2 of the Chuluota Bypass road improvement project in the amount of $4,320 with no liability for attorney’s fees or costs (Richard Levins, owner).
3. Approve Corrective Warranty Deed, as shown on page __________, which incorporates an agreed-to cross access easement relating to Parcel No. 114 of the County Road 427, Phase V, road improvement project (Fertakis International Construction Company, Inc., owner).
4. CR 46A/I-4 Interchange Road Improvement Project – Authorize conveyance by County Deed to Florida Department of Transportation with execution by the Chairman of six County Deeds, as shown on page __________, relating to the joint use property; and HOLD approval to authorize disbursement from escrow $500,000 and hold $135,000 from the total sum held in escrow for payment of Parcel No. 102 (Parcel No. 102 was acquired under Purchase Agreement in 1994 with funds held in escrow).
5. Board approval to ratify the filing of the Notice of Appeal appealing the Order entered by Judge Dickey on May 4, 1998 regarding Sassy Merlot’s. Additionally, unless directed otherwise, the County staff is continuing to deny permits to Sassy’s and VIP Gold in that the issuance of permits would be inconsistent with the provisions of the Seminole County Comprehensive Plan and the Land Development Code of Seminole County.
6. Authorize Human Resources to issue separate position numbers for job-shared position by two Assistant County Attorney positions as identified.
Districts 1, 2, 3, 4, and 5 voted AYE.
DEPARTMENTAL REPORTS
PUBLIC WORKS/STORMWATER DIVISION
Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve using a portion of the Geneva Wilderness Area (GWA) for drainage purposes regarding the Buck Lake Emergency Outfall Project.
Districts 1, 2, 3, 4, and 5 voted AYE.
PLANNING & DEVELOPMENT/COMPREHENSIVE PLANNING
Principal Planner, Colleen Rotella, addressed the Board to present the request for approval of the interlocal annexation agreement with the City of Altamonte Springs.
Commissioner Adams stated it is important that they make sure these enclaves are not purely commercial property.
Pam McFarland, Altamonte Springs, addressed the Board to state there are very limited residential properties; half of them are office already. She said all of these meet the statutory requirement.
Motion by Commissioner McLain, seconded by Commissioner Adams, to approve the Interlocal Agreement, as shown on page __________, for Annexation of Enclaves with the City of Altamonte Springs.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Buddy Balagia and Huey Davis addressed the Board to request direction from the Board as to whether to prepare a proposal for a pilot program to restructure the Seminole County Housing Authority to expand services and operations (Medco Rent-to-Own Bond Proposal).
Mr. Kaiser left the meeting room at this time.
Commissioner McLain said he thinks it is appropriate to have staff looking into how the County’s Housing Authority can become more proactive and how different methods can be used to provide housing to people.
Chairman Morris said he thinks this can be an intriguing opportunity and he thanked staff for bringing this forward to the Board.
Mr. Kaiser returned to the meeting room at this time.
Commissioner Van Der Weide said he thinks a performance paragraph needs to be added that would address if no one ever gets to be the owner of the home.
Motion by Commissioner McLain, seconded by Commissioner Adams, to authorize staff to proceed to prepare a proposal for a pilot program to restructure the Seminole County Housing Authority to expand services and operations.
Districts 1, 2, 3, 4, and 5 voted AYE.
PLANNING AND DEVELOPMENT/BUILDING
Chairman Morris advised that request to adopt Resolution which names an unnamed platted street "Bowtie Court" has been pulled from the Agenda.
OFFICE OF MANAGEMENT & BUDGET
Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-104, as shown on page __________, revising the Public Works aerial and drawing fees.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-105, as shown on page __________, revising the Library and Leisure Services fees.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt the Mid-Year Budget Amendment Resolution #98-R-106, as shown on page __________, in the amount of $23,251,982.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY MANAGER
Mr. Kaiser presented the request to approve restructuring Information Technologies and renaming the Office of Management and Budget. He said he is asking that Chris Grasso be appointed as Department Director.
DCM, Cindy Coto, advised there is a revised Resolution which also includes breaking out Environmental Services as a separate department.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #98-R-107 (as revised), as shown on page __________, amending the Administrative Code to create the Department of Information Technologies; to reflect the renaming of the Office of Management & Budget to the Department of Fiscal Services; and to create the Department of Environmental Services.
Under discussion, Chairman Morris asked what is wrong with the name of Office of Management & Budget.
Motion by Commissioner McLain, seconded by Commissioner Adams, to call for the question.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Morris voted NAY.
Vote was taken on the main motion by Commissioner McLain with Districts 3, 4, and 5 voting AYE.
Commissioners Morris and Maloy voted NAY.
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Wayne Weinberg, President, Greater Seminole County Chamber of Commerce, addressed the Board to discuss the request for funding contribution for The Seminole Vision.
Mr. Kaiser left meeting room at this time.
Mr. Weinberg explained the reason for a change in the requested amount to $2,500 was to put everyone on an even keel. He reviewed the support of the cities for their contributions.
Mr. Kaiser returned to the meeting room at this time. He explained the reason for his recommendation.
Commissioner McLain said it is obvious the County has supported this program for more than a year and the County represents half the population, and he wouldn’t want it perceived that the County is backing off in any way.
Motion by Commissioner McLain, seconded by Commissioner Adams, to approve funding for The Seminole Vision in an amount not to exceed a match of what the cities contribute.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Maloy voted NAY.
CLERK’S CONSENT AGENDA
Motion by Commissioner Adams, seconded by Commissioner Maloy, to authorize and approve the following:
1. Expenditure Approval Lists, as shown on page __________, dated April 21 and 28, 1998; Payroll Approval Lists, as shown on page __________, dated April 23, 30, and May 7, 1998.
2. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:
Robert William York and Frontier Ins. Co. - $10,038
Isaac Camargo Cisneros and Frontier Ins. Co. - $1,038
3. Chairman to execute the following Satisfaction of Judgment/Court Costs for Denise Ann Jandik - $255 and $20.67 interest.
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 Orders #1, 2 and 3, as shown on page __________, to PS-510-97/BJC, Engineering Consulting Services Agreement, Landfill Division.
2. Work Order #3, as shown on page __________, to PS-351, Consultant Agreement for Road Surface Conditions Survey.
3. Change Orders #1 and 2, as shown on page __________, to FC-122-97/BJC for McNeil Road project.
4. Memorandum from Jerry McCollum submitting the McNeil Road Outfall Drainage Easement (City of Altamonte Springs to County), as shown on page __________, necessary for the McNeil Road Outfall Project.
5. Report of Business Development and Business Retention and Expansion Activity in Seminole County, October 1, 1997 through April 10, 1998.
6. Schedules No. 2, 3, and 4, as shown on page __________, to Master Lease Agreement with MLC Group, Inc.
7. Certificates of Title, as shown on page __________, for Lake Forest, Sections 6A, 6B, and 7A; Chase Groves Unit 4B; and Oakmonte.
8. Memorandum, as shown on page __________, to Sandy Wall from Deputy County Attorney Lonnie Groot submitting the original letter from Assistant City Attorney William E. Reischmann, Jr., along with certified copy of the City of Sanford Ordinance Number 98-3382 adopted as a land development regulation relating to adult or sexually oriented uses.
9. Developer’s Commitment Agreement, as shown on page __________, Shurgard Storage Facility/Red Bug Lake Road, approved by the BCC on December 10, 1996.
10. Memorandum, as shown on page __________, to Sandra Wall from W. Keith Roark, Road Project Acquisition Manager, submitting documents for the following road improvement projects: Chapman Road; CR 427, Phase IV; Dodd Road; Highway 46A, Phases II and III; and Airport Boulevard, Phase III.
11. Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service with the following: CHC Development Company; Stonehurst Development Corporation; SunTrust Bank; and Orlando Lake Forest Joint Venture.
12. Letter of Acceptance, as shown on page __________, of the roads within the project known as Red Bug Lake Road Improvements in conjunction with the Oviedo Mall.
13. Letter and Bill of Sale, as shown on page __________, for Acceptance of water and sewer systems within the project known as Oviedo Crossings Roads B and C.
14. Letter and Bill of Sale, as shown on page __________, for Acceptance of the water and sewer systems within the project known as Heathrow Tract 29, Phase I, Keenwicke II.
15. Work Order #21, as shown on page __________, to RFP-407-97/BJC, Eminent Domain and Litigation Professional Consultant Agreement.
16. Development Orders, as shown on page __________, as follows: Kenney M. Labit Building Permit Application; Richard A. & Melanie M. Myers Single Family Residence Building Permit Application; Michael J. Kolb Building Permit Application; and William F. Bachman Building Permit Application.
17. Copies of letters from Ginny Markley, Zoning Coordinator, to the following advising of the action of the Board of Adjustment at their meeting of April 27, 1998: Cheryl Bevers; Vincent & Gloria Dasent; Sonja Buntin; Josefina Ortiz; William R. Miller; Thomas & Diane Slater; Beverly A. Ross; Ken Khounnala; Sprintcom, Inc.; Douglas & Linda Brumbaugh; Carl Horvath; Douglas & Kathrynne Creecy; Bret E. McCauley; Mr. & Mrs. John Rickerby; A. G. Construction & Development Co., Inc.; Lucienne A. Elliott; Kish Pathare; Gordon Harrison; James & Tisa Phillips; James F. Sapp; and Equity One (Lake Mary), Inc.
18. Copy of letter, as shown on page __________, to Seminole County from Examining Counsel Michael J. Sheahan as an opinion of title for Chapman Lakes Phase II.
19. Letter to Maryanne Morse, Clerk, from Terry Cormeny, St. Johns RWMD, advising of equipment declared surplus.
20. Letter to Maryanne Morse, Clerk, from Thelma McPherson, City of Casselberry, transmitting copy of their Ordinance #98-902, Annexation of Goldberg Property.
21. Notices from the Public Service Commission of hearings for Dockets No. 971478-TL, Complaint of Worldcom Technologies; No. 980184-TP, Complaint of Teleport Communications; No. 980495-TP, Complaint of Intermedia Communications; and No. 980499-TP, Complaint by MCI; Docket No. 970808-TL, Petition of BellSouth; and Docket No. 980119-TP, Complaint of Supra Telecommunications.
22. Bids as follows: FC-138-98/BJC; FC-139-98/BJC; A/B-325-98/GG; B/D-206-98/GG; FC-136-98/BJC; RFP-437-98/BJC; RFP-438-98/BJC; and RFP-435-98/GG.
OTHER CONSTITUTIONAL OFFICERS REPORT
No Report.
OFFICIAL MINUTES
Motion by Commissioner McLain, seconded by Commissioner Adams, to approve the Official Minutes dated April 28, 1998.
Districts 1, 2, 3, 4, and 5 voted AYE.
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The Board recessed at 10:45 a.m., reconvening at 1:35 p.m., with all Commissioners and other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy Wall, who were present at the opening session.
The Invocation was given by Pastor Jim Barclay, New Life Fellowship Church, Winter Springs.
County Manager, Gary Kaiser, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-96, as shown on page __________, proclaiming the week of May 16-23, 1998 as "Safe Boating Week in Seminole County".
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Bob Raes and Art Rouch who expressed their appreciation.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-82, as shown on page _________, proclaiming Monday, May 25, 1998 as "National Missing Children’s Day".
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Margorie Glaze who expressed her appreciation by presenting the Board with a plaque for all the support the County has given the Missing Children Center, Inc. She also distributed invitations to the Commissioners inviting them to the Missing Children’s Day ceremony.
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Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-98, as shown on page ________, proclaiming the week of May 11-15, 1998 as "National Transit Week", and urging citizens to participate in the "Just Parkit ‘98" event.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Tony Walters of Lynx who expressed his appreciation for the Board’s continued support.
PUBLIC HEARINGS
APPEAL AGAINST THE BOARD OF ADJUSTMENT,
SEMINOLE COUNTY PUBLIC SCHOOLS
Continuation of a public hearing to consider Appeal against the Board of Adjustment in denying a Special Exception to permit a middle school on property located on the north side of Econ River Place, ¼ mile west of SR 434 and ¾ mile north of the Seminole/Orange County line, as described in the proof of publication, Seminole County Public Schools.
The Chairman announced that this item has been withdrawn.
ADD-ON
COMPREHENSIVE PLANNING
Capital Improvements Analyst, Kevin Fall, addressed the Board to state ordinance #98-13 was enacted on March 10, 1998, and among other amendments to the Land Development Code, provided existing legally operating adult entertainment establishments the opportunity to be grandfathered at their current location if they conformed to certain design criteria and modification within a 90-day timeframe. He further stated that FDOT has voiced concerns about improvements in front of the Erotic Emporium because they will be doing some work along U.S. 17-92 in this area. FDOT has specifically said it is likely that any work the County requires Erotic Emporium to do before construction is finished will be damaged or completely removed by their work; therefore, they are requesting the County to wait until their construction work is completed on the western side of 17-92 (which will be January 1999) before requiring them to make improvements adjacent to the right-of-way. He advised the Board of the following options available to them. They are: (1) Direct staff to enforce Ordinance #98-13 without any variation; or (2) Direct staff to advertise an amendment to Ordinance #98-13 which would allow for this request to be accommodated.
The Chairman surrendered the gavel to the Vice Chairman for the purpose of offering a motion.
Motion by Commissioner Morris, seconded by Commissioner McLain to authorize staff to advertise an amendment to Ordinance #98-13, in order to accommodate FDOT’s work on 17-92.
Districts 1, 2, 3, 4 and 5 voted AYE.
The gavel was returned to the Chairman.
CARRIED OVER CONSENT AGENDA ITEMS
PURCHASING
Revised agenda Items #17 through #22 were received and filed.
Motion by Commissioner Adams, seconded by Commissioner Maloy to approve and authorize the following:
1. Approve ranking and authorize negotiations with Hartman & Associates, Inc., Orlando; Conklin, Porter & Holmes Engineers, Inc., Sanford; and Post, Buckley, Schuh & Jernigan, Inc.; and award Master Contracts PS-512-98/BJC, as shown on page _________, Professional Engineering Services for Reclaimed/Reuse Water System Improvements and Operations (not to exceed $200,000).
2. Approve ranking and authorize negotiations with Dyer, Riddle, Mills & Precourt, Inc., Orlando; Camp, Dresser & McKee, Inc., Maitland; and Post, Buckley, Schuh & Jernigan, Winter Park; and to award Master Contracts PS-513-98-BJC, as shown on page __________, Professional Engineering Services for Wastewater Treatment Plant Improvements & Operations (not to exceed $200,000).
3. Approve ranking and authorize negotiations with Brown & Caldwell, Maitland; Hartman & Associates, Orlando; and Post, Buckley, Schuh & Jernigan, Winter Park; and to award Master Contracts PS-514-98/BJC, as shown on page ________, Professional Engineering Financial Services for Water, Wastewater and Reclaimed/Reuse Systems Improvements and Operations (not to exceed $150,000).
4. Approve ranking and authorize negotiations with Dyer, Riddle, Mills & Precourt, Inc., Orlando; Hartman & Assoc., Orlando; and Post, Buckley, Schuh & Jernigan, Winter Park; and to award Master Contracts PS-515-98-BJC, as shown on page ________, Professional Engineering Services for Wastewater Collection System Improvements and Operations (not to exceed $490,000).
5. Approve ranking and authorize negotiations with Conklin, Porter & Holmes, Sanford; Hartman & Associates, Orlando; and Post, Buckley, Schuh & Jernigan, Inc., Winter Park; and to award Master Contracts for PS-516-98/BJC, as shown on page _________, Professional Engineering Services for Water Treatment Plant Improvements & Operations (not to exceed $200,000).
6. Approve ranking & authorize negotiations with Dyer, Riddle, Mills & Precourt, Orlando; Hartman & Associates, Orlando; and Post, Buckley, Schuh & Jernigan, Winter Park; and to award PS-517-98/BJC, as shown on page __________, Professional Engineering Services for Water Distribution System Improvements and Operations (not to exceed $485,000).
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S REPORT
The Chairman commended the County staff for their work on the Trails Opening held on May 5, 1998. He also commended the Cities of Oviedo and Winter Springs for their work on same. He advised that both cities will be holding their community festivities for the Trail on May 16, 1998.
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The Chairman advised he will be flying to Washington, D.C., this afternoon to attend the Metro Plan meeting.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of letter dated 4/29/98 from Robert McMillan, County Attorney, to Kenneth W. Wright, Esq., re: legal services consultant agreement.
2. Memo dated 4/24/98 from Lonnie Groot, Deputy County Attorney, to BCC re: regulation of personal watercraft (jet skis).
3. Copies of letters dated 4/9/98 from Ken Roberts, Public Safety Director, in appreciation of contributions of "Homeless Homer/Morris the Cat" coupons for the Heinz Homeless Pets Program to: David Wagner and C. Tucker.
4. Notice of 5/7/98 City of Lake Mary public meeting re: Crystal Lake Groves. (cc: BCC, CM, DCM, Comprehensive Planning)
5. Letter (with attachments) dated 4/27/98 from Laura K. Turner, Glatting Jackson, to BCC re: Central FL Light Rail Transit 4/23/98 Citizen Advisory Committee and 4/24/98 Technical Advisory Committee meetings.
6. Letter (with attachments) dated 4/27/98 from Laura K. Turner, Glatting Jackson, to BCC re: Central FL Light Rail Transit stakeholder meetings.
7. Parks/Recreation Contracts, as shown on page _________, for John W. Gegenheimer IV; and Donald G. Covey.
8. Copy of letter (with attachment) dated 4/29/98 from Ronald W. McLemore, Winter Springs City Manager, to Gary Kaiser, County Manager, re: proposed Tuscawilla MSTU.
9. Letter (with attachment) dated 4/28/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3399-annexation of Brumley property at 2221 E. Celery Ave.
10. Notice of 5/4/98 Oviedo City Commission meeting and agenda.
11. Letter (with attachments) dated 5/1/98 from James L. Ely, FL DOT, to BCC re: SUNPASS frequent user commuter toll discount project.
12. Copy of letter (with attachment) dated 4/30/98 from John C. Litton, Lake Mary City Manager, to Kelly V. Rogers re: Markham Woods Rd. tree removal.
13. Letter dated 2/12/98 from Garry C. Blough, Jr. to BCC re: commendation for George W. Tingle, Assistant Veteran Service Officer. (cc: BCC, CM, DCM, Phil Stalvey, George Tingle)
14. Copy of letter dated 4/27/98 from Randall & Valerie Williams to Paul Partyka, Winter Springs Mayor, re: bicycle lanes on Tuskawilla Rd. (cc: BCC, CM, DCM, Colleen Rotella)
15. Letter dated 4/28/98 from Barbara Walker Seaman, Old Downtown Development Group, to Chairman Morris re: Cross Seminole Trail. (cc: BCC, CM, DCM, Colleen Rotella)
16. Fax received 5/1/98 from Nancy H. Naught to Lynda Weatherman, EDC of FL Space Coast, re: impact of VentureStar space program on Cape Canaveral National Wildlife Refuge. (cc: BCC, CM, DCM, Comprehensive Planning)
17. Fax dated 4/30/98 from FL Assoc. of Counties to BCC re: Media Training Seminar. (cc: BCC, CM, DCM)
18. Letter dated 5/1/98 from Ken Paparella to Chairman Morris re: equestrian track of Cross Seminole Trail at The Reserve at Tuscawilla. (cc: BCC, CM, DCM, Colleen Rotella)
19. Notice of 5/7//98 District 7 Health & Human Svs. Board meeting and agenda. (cc: BCC, CM, DCM)
20. Notice of 5/20/98 Stormwater Working Group meeting and agenda. (cc: BCC, CM, DCM)
21. Letter (with attachments) dated 5/1/98 from Cleatous J. Simmons, Lowndes Drosdick Doster Kantor & Reed, to Chairman Morris re: Sanlando Utilities Corp. rate increase request. (cc: BCC, CM, DCM, Warren Wagner)
22. Letter (with attachment) dated 4/29/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3403-annexation of Vaughn/Wolter property, 1220 E. Airport Blvd.
23. Letter (with attachment) dated 4/28/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3401-annexation of Tudor property, 2804 S. Park Ave.
24. Letter (with attachment) dated 4/28/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3402-annexation of Wayne Densch, Inc. property, 251 Rand Yard Rd.
25. Copies of letters dated 5/4/98 from Ken Roberts, Public Safety Director, in appreciation of "Homeless Homer/Morris the Cat" coupons for Heinz Homeless Pets Program to: Rebecca Wilde; The Bryant Family; Cyndy Coulombe; and Linda Kenny.
26. Letter dated 4/29/98 from Jim Nichol, U.S. Dept. of HUD, to Gary Kaiser, County Manager, re: CDBG Single Audit Report.
27. Notice of 5/19/98 Building Contractors Licensing Board meeting and agenda.
28. Letter (with attachments) dated 4/30/98 from Randy Johnson, Central FL Sports Authority (formerly Orlando Area Sports Commission), re: March 1998 Activities Report.
29. Notice of 5/21/98 Water Supply Planning Work Group meeting and agenda.
30. Mailing received 5/7/98 from Donald F. Fannin, publisher, Citizens’ Newsletters, to Chairman Morris re: light rail. (cc: BCC, CM, DCM, Dick Thomas, Jerry McCollum)
31. Memo (with attachment) dated 5/4/98 from Ken Roberts, Public Safety Director, to Chairman Morris re: Governor’s Executive Order #98-105 re: extension of FL State of Emergency from 5/5/98 to 6/4/98. (cc: BCC)
32. Memo (with attachments) dated 5/4/98 from Ken Roberts, Public Safety Director, to Chairman Morris re: local mitigation strategy (LMS) meetings. (cc: BCC)
33. Memo dated 5/6/98 from Cindy Coto, Deputy County Manager, to BCC re: Commissioner Adams’ inquiry of demolition of structures in CR 427 right-of-way.
34. Memo dated 5/6/98 from Kathy Morris, Senior Planner, to Sandy Wall, Recording Secretary, re: submissions into County records.
35. Parks/Recreation Contracts, as shown on page ________, for services: Jean Harvey and Rolland K. Shea.
36. Copy of letter (with attachment) dated 5/5/98 from Gary Kaiser, County Manager, to LCDR Gene Lindsey re: lake regulation signs/boating safety.
37. Copy of memo dated 5/7/98 from Chairman Morris to BCC re: his participation in Washington, D.C. "Fly-In" 5/12-5/15/98.
38. Copies of letters dated 5/4/98 from Suzy Goldman, Library & Leisure Svs. Director, in appreciation of donations to the County library system to: International Rectifier Corp.; Newcomers Club of Central FL; and GFWC-Oviedo Woman’s Club.
39. Copy of letter (with attachment) dated 5/7/98 from Gregory A. Hass, Assistant County Attorney, to Bob Horian, Suncor of Heathrow, Inc., re: parking spaces for mass transit.
40. Letter dated 5/5/98 from Charles Dobbs to Chairman Morris re: Howell Branch Rd. project. (cc: BCC, CM, DCM, Jerry McCollum, Jim Marino, Bob Zaitooni)
41. Fax dated 5/8/98 from Susan Eberle to John Mica, U.S. Representative, re: discharge into the Little and Big Econ Rivers.
42. Letter (with attachment) dated 4/29/98 from Helen L. Stairs, Ritz Community Theatre Restoration Project, to Chairman Morris re: grant funds. (cc: BCC, CM, DCM, CDBG)
43. Letter dated 5/7/98 from Charles A. Rowe, City of Sanford, to BCC re: CDBG applications. (cc: BCC, CM, DCM, CDBG)
44. Letter (with attachments) dated 5/7/98 from David W. Gwynn, Jr., P.E., to Chairman Morris re: application for appointment to boards or committees. (cc: BCC)
45. Fax dated 5/7/98 from Gina Hartsfield, Institute for Intergovernmental Research, to Chairman Morris re: Bureau of Justice Assistance grants management/programmatic training workshop. (cc: BCC, CM to coordinate, DCM, Dr. Hortense Evans, Mark Rehder, Sheriff Eslinger)
46. Letter dated 5/8/98 from LeRoy & Leta Long to BCC re: proposed Tuscawilla lighting & beautification MSTU.
47. Letter dated 5/4/98 from L.H. Fuchs, FL DOR, to Chairman Morris re: automatic annual renewal of agricultural classification for valorem taxes. (cc: BCC, CM, DCM, Tax Collector)
48. Copy of letter (with attachments) dated 5/6/98 from Robert Pickerill, FL Dept. of Juvenile Justice, to Jean Jeffcoat, PAY Program, re: 1998 quality assurance review. (cc: BCC, CM, DCM)
49. Letter (with attachment) dated 4/6/98 from Susanne Casey, FL Dept. of Juvenile Justice, to Chairman Morris re: PAY Program High Satisfactory Performance Deemed Status. (cc: BCC, CM, DCM, PAY-enclosure, Phil Stalvey-enclosure)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Morris advised he is trying to work a settlement with regard to the outfall problem between Myrtle Lake Hills and The Crossings Master Association and will know more later this month. He stated that staff is fully monitoring this should any Commissioners have any questions or need information.
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Commissioner Maloy briefly discussed with the Board the Sheriff’s plans to switch to weekend workers instead of housing weekend offenders. The offenders would have to pay a $30 supervision fee. He urged any cities and the County to use these people. Whereupon, County Manager, Gary Kaiser, advised that he spoke to the Sheriff about this plan earlier this week.
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There being no further business to come before the Board, the Chairman adjourned the meeting at 2:15 p.m.
ATTEST:_______________________Clerk______________________Chairman
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