The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:08 a.m. on Tuesday, June 23, 1998, in the SEMINOLE COUNTY SERVICES BUILDLING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)(late)

Commissioner Grant Maloy (District 1)

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

Commissioner Daryl McLain (District 5)

Clerk of Circuit Court Maryanne Morse

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Chairman Morris advised that the Seminole County Web Site (Update) briefing item has been pulled from the agenda.

Bob Zaitooni, Traffic Engineer, addressed the Board to advise the right-of-way survey for Holliday Avenue is not available at this time and staff will be providing that information to the Board on June 26. He thanked all of the Task Force members who assisted in evaluating alternative solutions. He stated the Task Force reviewed the existing conditions on Holliday Avenue, the feasibility of replacing the humps, and all of the techniques implemented by the City of Orlando and the City of Maitland. He stated the Task Force considered several alternatives and he reviewed two as outlined on pages 4 and 5 of the Alternative Analysis Report (received and filed). He advised the majority of the Task Force agreed upon a recommendation and he reviewed same as outlined on page 5 of the report. He stated the Task Force came up with the concept of replacing the humps with median chokers. He referred to a photograph (Figure 6) showing what the City of Orlando has done. He said the Task Force also discussed the issue of implementing temporary median chokers.

Upon inquiry by Commissioner Maloy, Mr. Zaitooni advised the Task Force discussed going ahead and removing the speed humps and implementing 6 temporary and one permanent median choker. If these are effective, then, permanent ones will be built. He said he would recommend implementing the permanent choker if it were effective. He added one Task Force member does not agree with the committee’s decision and he will provide a separate report.

Commissioner Maloy stated he would like to know if the residents all over the County are going to be requesting these chokers in their areas.

Richard Telson, Road Hump Task Force member from the southern area, addressed the Board to state if the chokers prove to be effective, they may implement them, but at the present time they are not planning to go with them.

Commissioner Van Der Weide stated he feels that if this is a safety issue, the speed humps should be removed and traffic chokers should be implemented.

Commissioner Adams stated it is a safety issue, but it depends on the age of the children in the neighborhood. He said he has heard pros and cons about speed humps and he feels it depends on the type of neighborhood.

Chairman Morris discussed with Mr. Zaitooni when the last speed humps were installed, the amount of law enforcement in the areas, and cut-through traffic.

Upon inquiry by Chairman Morris, Mr. Zaitooni advised he does not feel the humps should be removed unless there are effective alternatives. Discussion ensued relative to reconstructing the intersection of Holliday Avenue with Bear Lake Road and cost estimates.

Mr. Zaitooni stated the cost staff has provided includes intersection improvements and sidewalk installation.

Upon inquiry by Chairman Morris relative to increasing law enforcement in the area, Sheriff Eslinger addressed the Board to state about 90% of the speeders in the neighborhoods are the residents. He stated in 1990 to 1992, his officers were handling about 300 complaints annually in different areas. They were not doing an effective job, but they improved their efficiency. The only way to be effective is to have continual enforcement and that is why they decentralized the organization. He added speed trailers were increased and they are proven to be effective.

Commissioner McLain recommended the Sheriff discussing stricter law enforcement in these areas during the Budget work session.

Upon inquiry by Commissioner Maloy, Mr. Zaitooni advised the chokers would reduce the speed but not as much as the speed humps.

Bob Webster, Road Hump Task Force member, addressed the Board to state he would like to commend the committee on the wisdom of their recommendation to remove the speed humps. He said there is no such thing as cut-through traffic as everyone has the right to use all of the roads in a lawful, reasonable fashion. He stated the road hump program was horribly flawed in that, only the special interests were considered. The County should recognize that they made a mistake. He said to further illustrate the lack of consideration and respect for the taxpayers, the committee is now suggesting that the County spend another $150,000 on this issue. He stated he hopes the Board will recognize that the roads in the County are the property of the residents. He said he is thankful that the Board is out of the speed hump business and he hopes they correct all of the past mistakes.

Upon inquiry by Chairman Morris, Mr. Webster advised he would like the speed humps removed and everything left as it was.

Upon inquiry by Commissioner Adams, Gary Kaiser, County Manager, addressed the Board to advise when he was the Public Safety Director, the emergency vehicles did not exceed the speed of the neighborhood.

Upon further inquiry by Commissioner Adams, Mr. Zaitooni advised if a neighborhood had speed humps, the travel time for emergency vehicles would double because they would have to slow down.

Mr. Webster stated there is a horrible encroachment of fences and mailboxes along the right-of-way that would prohibit motorists from seeing and he feels that those should be cleared.

Chairman Morris advised the Sheriff will be discussing with the Board later in the week relative to strict enforcement, staff will be providing a right-of-way map and the committee has recommended that the speed humps be removed.

Mr. Kaiser left the meeting at this time.

Commissioner Maloy stated he feels that improvements to the intersection of Holliday Avenue and Bear Lake Road will eventually happen. He said he doesn’t have a problem with median chokers and the residents can contribute to the sidewalks through an MSBU process.

Chairman Morris stated he is in favor of installing sidewalks in this area to get the kids off the streets. The location of the sidewalks and donation of right-of-way is another issue.

Commissioner McLain stated in the past when easements have been acquired on a voluntary basis, that has moved up the priority of installing sidewalks.

Mr. Zaitooni stated staff would like to look at feasibility issues of whether the sidewalks will fit in the right-of-way or will it require additional right-of-way. Those issues need to be answered.

Upon inquiry by Chairman Morris, Mr. Zaitooni stated he believes staff can determine within 45 days as to what could occur within the right-of-way. The distance between the sidewalk and pavement is a big issue.

Mr. Kaiser re-entered the meeting at this time.

Commissioner McLain stated he feels the speed humps should be removed, strict enforcement in this area and throughout the county should be enhanced, and additional options for calming effects on the roadway is also needed on a shared cost basis with the different communities.

Chairman Morris stated he feels the Board needs to obtain a response from other departments to find out how this will affect the County, and the Sheriff needs to look at strict enforcement in two areas. Palm Springs in Altamonte Springs and Sheola Road in Winter Springs. Commissioner Adams added 427 in Longwood also.

Mr. Zaitooni stated he understands that the Board is requesting staff to come back in 45 days (first meeting in August) with the right-of-way survey, visual impediments, obtain an analysis from the Planning Department, work with the Sheriff relative to strict enforcement, provide the cost of the maintenance for aesthetics to the neighborhood, and indicate where the sidewalk should go and if there is going to be a sidewalk.

Commissioner McLain stated he feels the Board should go with the committee’s recommendation of taking the speed humps out now. He said the Sheriff can deal with the strict enforcement and staff can come back in August with the other issues.

Commissioner Van Der Weide stated he also feels that the speed humps should be removed.

Sheriff Eslinger stated he will increase the manpower out there, and during the 45-day period, they will focus on the offenders.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to authorize removing the speed humps immediately on Holliday Avenue; and authorize the Sheriff to add strict enforcement on that road.

Under discussion, Commissioner Maloy stated he would prefer waiting until the final report is done as he wants to make sure that the full plan is in place.

Commissioner Adams recommended installing signs indicating that this is a radar-enforced area.

Mr. Kaiser advised the Sheriff will be installing speed trailers in that area.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

The Board recessed the meeting at 10:25 a.m., reconvening at 10:40 a.m., with all Commissioners and other Official in attendance, with Clerk of Circuit Court, Maryanne Morse, entering late.

Colleen Rotella, Acting Comprehensive Planning Manager, addressed the Board to state since the opening of the Cross-Seminole Trail, there has been a conflict with the homeowners relative to placement of the unpaved equestrian trail and the proximity of the adjacent homes. She stated the area affected is between Tuscora Road and the Howell Creek Trestle. There is no visual buffer between the unpaved trail and the homeowners and pools. This stretch of the trail is very narrow and encroachment of adjacent property does exist. She stated she has met with the equestrian users, the Task Force and adjacent landowners to understand the concerns in attempts to find a reasonable solution. The area homeowners expressed concern relative to privacy, property values, trespassing, and safety.

Clerk of Circuit Court, Maryanne Morse, entered the meeting at this time.

Ms. Rotella stated staff is trying to accommodate all users where possible, addressing user safety, minimizing intrusions, and minimizing costs. Staff has provided the following three options for Board consideration: (1) Leave unpaved corridor in current location with an option to plant vegetation as a separation. Staff does have a concern with setting a precedent if they start planting along the corridor. (2) Move unpaved trail to the south side of the trail corridor. She stated similar landowner issues may arise, wetlands may be impacted and a bridge would need to be constructed to get users back to the main trail. (3) Relocate the unpaved path into the swale next to the trail. This option would widen the size of the trail and it would be moved further from the adjacent homes. She added additional vegetation clearing would also be required.

Ms. Rotella added the one option that she and Commissioner McLain discussed this morning was to widen the trail within the swale area and installing a 4’x4’-barrier fence 10 to 20 feet down.

At the request of Commissioner McLain, Ms. Rotella explained the area on the north side has a couple of acres that is a conservation area under the DEP protection. She stated staff would try to perform part of that area with Option #3.

Commissioner Van Der Weide stated he feels the neighbors should be accommodated.

Commissioner McLain stated he feels the property owners need to be notified that they cannot mow into the trail right-of-way, thereby, allowing that area to grow back. He added he feels the crossing of the creek in the paddock area should be developed along with a separation barrier along the 1,000 ft. between the pavement and widen the swale.

Upon inquiry by Chairman Morris, Commissioner McLain advised he feels that staff can develop a timeline and the cost of same and bring it back during the first meeting in August.

Winter Springs Commissioner Cindy Gennell, Task Force member, addressed the Board to state the Task Force is recommending that the horse trail not be removed and she feels Commissioner McLain’s recommendation is appropriate.

Commissioner McLain stated he has no problem with Option #2, moving the unpaved trail to the south side as this will keep it as far away from the landowners. He said he would like to visit the area again.

Chairman Morris advised staff can come back with a cost mechanism on Option #2 and Option #3.

Nick Ali, 152 Cherry Creek Circle, addressed the Board to state when the Trail was contemplated, there were a lot of discussions about the preservation of the privacy of the neighborhood, but there were no discussions about the equestrian trail and the impact on the homeowners. He stated a horse rider can look at the back of his pool and he would recommend that the equestrian trail be moved to the other side.

Commissioner McLain stated he believes the Board has agreed to not having the trail along the property line. He stated his recommendation is to move it along the south side as long as they do not run into the same problem.

Chairman Morris stated before staff submits a report, he feels the homeowners should be provided a copy of it.

Chairman Morris stated due to the time constraint, he would recommend that staff submit information relative to Flooding issues. Michael Ertel, Community Information Coordinator, submitted a copy of "What We can Do Now to Best Prepare" (received and filed).

Chief Terry Schenk and Captain Bill Armstrong, Special Operations/Tactical Air, addressed the Board to request Board authorization for the Department of Public Safety to partner with the Seminole County Sheriff’s Office in the procurement and refurbishment of a helicopter; approval of Agreement for Joint Acquisition and Operation of Helicopter for Public Safety Missions; and, to utilize $375,000 Developer Commitment Fees, Impact Fee Fund, for the refurbishment of a donated helicopter. Chief Schenk stated the donated helicopter would enable them to fight fires, search and rescue operations, for reciprocity with other counties, and to transport patients. He stated over the last several months the Public Safety Department has had an increasing working arrangement with the Sheriff’s office. He added a new helicopter would cost around $3 to $4 million and with the surplus program, it can be obtained at no cost.

Commissioner McLain stated he feels this is money well spent and he would support moving ahead with the acquisition.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize the Chairman to execute Agreement, as shown on page ________, for Joint Acquisition and Operation of Helicopter for Public Safety missions; and authorize utilizing $375,000 Developer Commitment Fees, Impact Fee Fund, for the refurbishment of a donated helicopter.

Under discussion and upon inquiry by Commissioner Adams, Chief Schenk advised this helicopter could carry 12 firefighters.

Commissioner Maloy stated he would prefer getting additional partners to share the cost of the helicopter. He stated he feels since Orange County doesn’t have a helicopter with a bucket, the cost of it can be shared with Orange County as well.

County Manager, Gary Kaiser, addressed the Board to state he has met with the Sheriff several times and he is convinced that with the spare parts inventory that is available and the parts from the military they can meet their needs of operating costs and he agrees with the request.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

#28 Sheriff Eslinger requested authorization for expenditure in the amount of $8,700 from the Law Enforcement Trust Fund to purchase M-16 rifles and ammunition.

Commissioner Maloy stated he has some concerns relative to trying to militarize the police force with M-16 rifles and he has a problem with a police force starting to resemble South American countries. He stated as far as crime prevention, he would rather see money spent on another automatic speed detector or something like that as it would be more of a value to the citizens.

Sheriff Don Eslinger stated his organization is about prevention, partnership, and developing a relationship with the community. He stated his officers already have armed machine guns in their patrol cars and they are used for defensive weapons, not to militarize his people. All he wants to do is to provide them with a tool that will protect their lives and lives of others. Discussion ensued.

Commissioner Adams left the meeting at this time.

Sheriff Eslinger stated if Commissioner Maloy knew what his force does, he wouldn’t be making that type of statement.

Commissioner Maloy stated he feels that machine guns are more appropriate for military type of uses and the Sheriff’s police force should be more moderate.

Commissioner Adams reentered the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize expenditure in the amount of $8,700 from the Law Enforcement Trust Fund to purchase M-16 rifles and ammunition.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Department of Justice funding of $137,495 for five (5) Case Manager positions and adopt Budget Amendment Resolution #98-R-141, as shown on page __________, amending FY 1997/98 General Fund in the amount of $36,730.

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

Robert McMillan, County Attorney, addressed the Board to advise his office received a request from the Seminole County Bar Association to increase the filing fees to support the Legal Aid Society. He stated he would like Board direction as to how to proceed. He said his recommendation is to bring this issue back during a work session at the next scheduled meeting as he feels the Board should listen to what they have to say.

The Board voiced no objections. Mr. McMillan stated he has received something in writing and he will present it at the next meeting.

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Lonnie Groot, Deputy County Attorney, and Captain Bill Armstrong addressed the Board to advise they have received a request to decrease the speed area, west of the power lines to the County Rivers Development, on the Econlockhatchee River.

At the request of Commissioner McLain, Captain Armstrong explained how enforcing horsepower limitation is a problem.

Former Commissioner Ed Yarborough addressed the Board to state he objects to the limitation being in the power lines as it runs into his property. He stated his concern is moving it back to the State property. He added he has no objections to where it is now.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize scheduling a public hearing to consider an Ordinance relating to vessel speeds on the Econlockhatchee River, with options as noted.

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

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Mr. Groot stated Sassy Merlot’s has taken a position that the County did not restrict dancers to dance on the tables. He stated staff feels the ordinance should be clear indicating that dancers must dance on the stage.

Motion by Commissioner Adams, seconded by Commissioner Maloy to authorize scheduling a public hearing to consider amendment to the Adult Entertainment Ordinance requiring dancers to use stages in adult entertainment establishments.

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

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Mr. McMillan informed the Board that the County has prevailed in the final appeal of the Seminole Community College Special Exception.

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Mr. McMillan advised that the appeal by the House of Babes for a Special Exception to sell alcohol has been dismissed.

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Mr. McMillan advised the Supreme Court has declined to approve ruling requiring two attorneys to represent capital defendants, awaiting the outcome of sunsetting by the Legislature.

Commissioner Van Der Weide requested that Items #12, approve US 17-92 Multi-Party Interlocal Agreement, and Item #25, BCR #98/109, be pulled for a separate vote.

At the request of Commissioner Maloy, Colleen Rotella, Acting Comprehensive Planning Manager, and Jim Duby, Senior Planner, reviewed Item #24, BCR #98/107, provide funds for construction of a residence and utility connections for the Natural Lands Caretaker/Steward Program.

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

Engineering

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Motion by Commissioner McLain, seconded by Commissioner Adams to approve US 17-92 Multi-party Interlocal Agreement and BCR #98/109 in the amount of $375,000.

Commissioner Van Der Weide stated he would like to consider these two items separately.

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

#12. Motion by Commissioner McLain, seconded by Commissioner Adams to authorize Chairman to execute the US 17-92 Multi-Party Interlocal Agreement, as shown on page _________.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

Kevin Fall, Capital Programs Analyst, addressed the Board to state he would like to recognize John Howell for the work he has done in helping him prepare the agreement.

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#25. Motion by Commissioner McLain, seconded by Commissioner Adams to approve BCR #98/109 ($375,000) Public Safety/EMS/Fire Rescue Fund 12801, Impact Fee Fund; provides funds to refurbish and modify a helicopter that was donated by the California Division of Forestry (contingent upon approval of Public Safety/EMS/Fire Agenda Item re: Helicopter Procurement)

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

Mr. McMillan advised that the amount for Item #5, Seminole County v. Oliva, et al, should read $137,000, exclusive of attorney fees and costs.

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

1. Approve Purchase Agreement, as shown on page _________, in the amount of $115,000, relating to Parcel No. 106 located at 3445 Country Club Road, Sanford, County Road 46A Phase III road improvement project (Charles A. and Dorothy M. Russ, owner). (Attorney Henry Brown)
2. County Road 427, Phases I, III and IV, Parcel Number 182 (Britt), Parcel Number 180 (Overstreet) and Parcel Number 128 (R.A.K. Investments) –

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-140, as shown on page ________, issuing multi-family mortgage revenue bonds not-to-exceed $12,500,000 for the Brentwood Park Apartment project located at 242 Sharon Drive, Altamonte Springs.

Under discussion, Cindy Manoni, OMB Director, addressed the Board to introduce Betsy Medina, Orange County Housing Authority. A copy of letter from the Orange County Housing Finance Authority regarding TEFRA public hearing comments was received and filed.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Chris Grasso, Information Technology Director, addressed the Board to present request to approve Revocable, Non-Exclusive License Agreement for PCS/Wireless Communication Antenna for County Communication Tower; and authorization to advertise a Request for Proposal (RFP) for co-location of PCS/Wireless Antennas on existing County communication towers.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve Revocable, Non-Exclusive License Agreement, as shown on page ________, for PCS/Wireless Communication Antenna for County Communication Tower; authorize Chairman to execute as appropriate; and authorize staff to advertise for a RFP for co-location of PCS/Wireless Antennas on existing County communication towers.

Under discussion, Attorney John Ariale, representing Primeco, addressed the Board to state they don’t disagree with anything Mr. Grasso has said, but they disagree with the method in which the process is going forward. He said they have never gone through an RFP process. They have no interest in the tower other than Primeco personal communications. He stated he has received responses from three of the four carriers indicating that they are not interested in this site. He added he has been trying to negotiate with the County since January.

Cindy Coto, Deputy County Manager, addressed the Board to state staff can reduce the RFP 30-day process timeframe. She stated staff believes they need to be prudent in their overall approach by advertising it once and making it available to all. From that point forward, they would be able to move forward.

Discussion ensued relative to the bidding process, the number of County towers and the benefit for them.

Attorney Ariale stated he understands that if no one responds to the RFP, then the County would be in a position to negotiate individual licensing. He stated he wants to make sure that on the 16^th day they can begin negotiating a licensing agreement.

Commissioner McLain stated he believes it’s very clear that Mr. Ariale has no problem with the RFP process, so why not go ahead with what they have been doing.

Mr. McMillan explained the purpose of the process.

Discussion ensued on the need for a RFP versus a notice of intent.

Districts 3, 4 and 5 voted AYE.

Commissioners Maloy and Morris voted NAY.

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

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

1. Professional Design Services Agreement, M-60-98, as shown on page _________, with David Wickham and Associates, Inc.

 

2. Work Order No. 21, as shown on page ________, to PS-364, Howard Avenue and Shortcut Canal.

 

3. Copy of memorandum to the County Manager from Sandy Wall, Commission Records, advising of outstanding BCC documents for January/February, 1998.

 

4. Copies of memorandums to Gil Backenstoss, Development Review, and John Dwyer, Current Planning, from the County Manager regarding the outstanding BCC documents.

 

5. Executive Order No. 98-09, as shown on page _________, declaring a state of local emergency regarding wildland urban interface fires.

 

6. Proclamation, as shown on page ________, terminating the temporary Idle Speed/No Wake Zone established by the BCC in Ordinance #98-1.

 

7. Utility Agreements, as shown on page ________, for water and sewer for 901 International Parkway Development Co.

 

8. Copies of letters from Ginny Markley, Zoning Coordinator, advising of the action of the Board of Adjustment at their meeting of June 1, 1998, to the following: Judith M. Fairweather; Kiepper & Cynthia Hernandez; Terry & Peggy Tripp; Robert K. Wootton; Paul & Patricia Andrews; Joseph & Jackie Sterba; Mary Welch; George A. Helm, III; John & Sonia Fauver; Minh Nguyen; SprintCom, Inc.; James F. Sapp; Suncraft Engineering & Construction Corp.; Timothy P. Walker; Glenn & Doris Trombly; Joseph M. Black; Larry & Grace Hughes; Kurt & Jacquelyn Von Esh; Mark A. Crone; A. G. Construction and Development Co., Inc.; Scott J. Lawlor; Armando Perez; Mark Sanville; G. M. Washburn, II; Quinton Green; Richard & Susan Coley; Cody J. Nolan; Father Flanagan’s Boys Home; and Lenard J. Persin.

 

9. Work Order No. 15, as shown on page ________, to RFP-187, Buck Lake Emergency Outfall System.

 

10. Correction, as shown on page ________, to Leachate Underdrain Project Agreement, FC-123-97/BJC.

 

11. Engineering Consulting Services Agreement, as shown on page _________, for Transfer Station, PS-508-97/BJC.

 

12. Cross Access Agreement and Grant of Easement, as shown on page ________, with TWC Ninety-Five, LTD, CR 46A.

 

13. Cross Access Agreement and Grant of Easement, as shown on page _________, with RBR Land Trust, Vidina Place.

 

14. Equipment and Installation Agreement, as shown on page _________, Landfill Truck Scales, Bid #204-98/GG.

 

15. Letter to the Clerk from Attorney Hugh Trees requesting records regarding River Capital, Inc., d/b/a Sassy Merlot’s.

 

16. Work Order No. 2, as shown on page ________, to PS-372, Crystal Lake Chain Management.

 

17. Work Order No. 3, as shown on page _______, to PS-372, Monroe Basin, Phase I.

 

18. Work Order No. 24, as shown on page ________, to RFP-407, Howell Branch Road, Phase I, Parcels 114/614, Slovak Gardens.

 

19. Clerk’s Investment Report, as shown on page _______, for May 1998.

 

20. Bids A/B-327/JVP, FC-143-98/BJC, A/B-328-98/GG, and FC-141-98/BJC, as shown on page ________.

No Report.

Motion by Commissioner Adams, seconded by Commissioner McLain to approve the Official Minutes dated June 9, 1998.

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

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Chairman Morris announced that Florida Power will be doing a load control and will be shutting off the power to the Courthouse and the Services Building between the hours of 3:00 p.m. and 7:00 p.m.

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The meeting was recessed at 12:44 p.m., reconvening at 1:39 p.m., this same date, with all Commissioners and all other Officials, with Commissioner Van Der Weide being late, with the exception of Maryanne Morse, Clerk of Court, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

The Invocation was given by Pastor E. A. Reuscher, Lutheran Church of the Redeemer, Sanford.

Commissioner Maloy led the Pledge of Allegiance.

Fire Chief Terry Schenk addressed the Board to state he is recommending a ban of the sale and use of personal fireworks. He said the drought conditions currently being experienced have resulted in fire danger which is approaching the extreme levels, and use of personal fireworks in this kind of environment could prove disastrous. He advised he has received numerous calls this past week requesting some kind of ban on the fireworks and all the service clubs are in agreement. He said some corporate citizens (Walgreens, K Mart, and Publix) have said they will put a ban on the sale of the fireworks.

Upon inquiry by Commissioner Adams, Mr. Schenk said he foresees the ban to be in place for 60 days at a minimum.

Commissioner Maloy said the problem seems to be in the rural areas instead of in established neighborhoods where people water their lawns. Mr. Schenk explained that even if people are being cautious, the shrubbery and grasses are dead.

Commissioner Maloy questioned if the County could be liable if businesses said they lost money due to the ban. County Attorney, Robert McMillan, advised the County can be liable for anything, but under public safety situations, the Board can just about do anything.

Mr. Schenk advised the Sheriff’s Office and law enforcement agencies in the cities would assist in enforcement. Whereupon, Chairman Morris asked what would be the penalty for a child having a sparkler in his hand. Mr. McMillan said this would be an enforcement issue by the Sheriff’s Office.

Director of Public Safety, Ken Roberts, addressed the Board to state their goal is to curb the indiscretionate use of fireworks by forcing a ban, but they cannot go out and arrest every four-year-old who has a sparkler.

Chairman Morris said he understands the intent of staff but he is concerned how they would enforce a ban jurisdictionally by the Code Enforcement people, the Sheriff and the Cities, for example on July 4.

Chairman Morris read the comments of Michael Kramer, Steven Kramer, and Christie Freddie in opposition to the ban.

No one else spoke in support or in opposition.

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

Commissioner Van Der Weide entered the meeting at this time.

The discussion continued on how enforcement would be handled. Mr. Roberts said it might be helpful if they meet with all the other parties to discuss enforcement. Mr. Schenk noted that they normally have all the necessary information, but they are running out of time for this request. He said perhaps the Code Enforcement people can help with the enforcement questions. He pointed out that nine counties have banned or are planning to ban the fireworks with the decision to be made yesterday or today.

Commissioner Maloy said he thinks it has come down to public education and making people aware of the dangerous situations. He thinks flyers that the vendors would hand out to the public advising them of the dangers and liability associated with setting off sparklers would be the way to go.

Commissioner Adams said he thinks it is prudent upon the Board to take action to ensure the firefighters don’t have to fight additional fires, therefore, he will be supporting the request.

Chairman Morris stated he is not real enthused about this because he doesn’t know what they are really doing and he doesn’t know if this is going to have that much impact on those people who knowingly break the law. He said the Board does not even know the economic impact. He asked staff if they thought they would have enough time to get answers to the Board during this meeting. Mr. Schenk responded he thought so.

Commissioner McLain said he thinks the County Attorney made an excellent point that this is the last Board meeting before the 4^th of July and he thinks it is prudent the Board has this ordinance in place. During the time before the 4^th, if the Board needs to issue the emergency order, they will have done what is needed to do so. Mr. McMillan explained the proposed ordinance puts in place the ability to do an executive order banning the sale and use of the fireworks during the declaration of the emergency. He pointed out the Board won’t have another regular meeting until well after the 4^th of July.

Commissioner McLain said unless there is an ordinance like this for the honest citizens to know, a lot of them will go out and use fireworks and they might be responsible for a fire.

Mr. Schenk said staff has tried to be prudent in this. They have not recommended banning the six public displays of fireworks. That still allows for a proper celebration of the 4^th of July.

Mr. McMillan advised Chairman Morris that the Executive Order could be narrower with the Board exercising their authority in a lesser way.

Motion by Commissioner Adams, seconded by Commissioner McLain, to adopt the Emergency Ordinance #98-35, as shown on page __________, providing for enactment of executive orders relating to fire prevention, with the understanding this is just a preventive measure to put in place the steps necessary for the Chairman, County Manager and Public Safety Director to initiate an emergency order to what degree they feel is reasonable and prudent at the time.

Under discussion, Commissioner Maloy said he thinks more of a public information campaign would be just as effective. He sees this as being practically unenforceable. He thinks the cost would be minimal to prepare flyers.

Commissioner McLain said he would support the flyers if Commissioner Maloy is prepared to spend the money. The Board entered discussion of having flyers distributed. Commissioner Van Der Weide said he would like to have public service announcements along with what is already proposed on the floor.

Commissioner McLain amended his motion to include printing of flyers to be provided to the sellers of fireworks to hand out, on a voluntary basis, to the citizens for safety concerns and to know what they need to do to protect themselves. The amendment was seconded by Commissioner Adams.

Under discussion, Commissioner Maloy said he is not comfortable with the Emergency Ordinance but he would support the education campaign. He asked for two separate motions.

Commissioner McLain withdrew his amendment to the motion, and Commissioner Adams withdrew his second.

The vote on the main motion was taken with Districts 2, 3, 4, and 5 voting AYE, and Commissioner Maloy voting NAY.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve the printing of flyers to be provided to the sellers of fireworks to hand out, on a voluntary basis, to the citizens for safety concerns and to know what they need to do to protect themselves.

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

Commissioner McLain praised Mrs. Emmie Cosmato, for the excellent manner in which she served him as Executive Assistant during her tenure with Seminole County.

Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt Resolution #98-R-133, as shown on page __________, commending Emmie Cosmato, Executive Assistant, Board of County Commissioners, for 14 plus years of service to Seminole County upon her retirement.

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

Commissioner McLain presented the Resolution to Mrs. Cosmato, who expressed her appreciation to the Board and her co-workers.

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Chairman Morris read the Resolution for Lieutenant Vernon G. Weinhart.

Motion by Commissioner Adams, seconded by Commissioner Maloy, to adopt Resolution #98-R-134, as shown on page __________, commending Vernon G. Weinhart, Lieutenant, Seminole County Fire Division, for 23 plus years of service to Seminole County upon his retirement.

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

Fire Chief Schenk stated Mr. Weinhart is currently serving in the wildfire areas. He accepted the Resolution on behalf of Mr. Weinhart.

County Manager, Gary Kaiser, spoke highly of Mr. Weinhart who always showed his willingness to serve others.

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Add-on. Dave Rosier and Stormie Harrick addressed the Board to present a plaque to the Board for the citizens of Seminole County on behalf of the victims of the tornado in February. Mr. Rosier said a trust has been formed through SunTrust Bank and another benefit will be held for the fire victims on July 18. He also thanked Don Fisher, Senior Planner, for his assistance.

Chairman Morris recessed the meeting at 2:25 p.m. and reconvened at 2:39 p.m. with all in attendance, with the exception of Commissioner McLain, who was late returning to the meeting.

Proof of publication, as shown on page __________, calling for a public hearing to consider the Oviedo Marketplace Development of Regional Impact (DRI) Notice of Proposed Change; property located in the immediate vicinity of the Central Florida GreeneWay (S.R. 417)/Red Bug Lake Road Interchange, containing approximately 435 acres, received and filed.

Senior Planner, Tony Matthews, addressed the Board to state the applicant, Viera Company and ACI-Income Fund, II, Ltd., is requesting to amend the existing development order to create a Second Amended and Restated Substantial Deviation Development Order which will (1) exchange land uses among Parcels 20, 30 and 31 (and associated traffic trips); (2) transfer traffic trips between parcels; and (3) other miscellaneous clarifications to the text of the development order. He stated the proposed changes do not constitute a substantial deviation under Section 380.06 (19), Florida Statutes, and no further development of regional impact review is required, with findings that: (1) there is no increase in the number of trips; (2) there is no increase in the number of parking spaces; (3) there is no increase in square footage; (4) the relocation of access to Parcel 20 and associated driveway improvements are intended to improve level of service and safety; and (5) the changes do not impact any state or regional facility. The Florida Department of Community Affairs, East Central Florida Regional Planning Council, Florida Department of Transportation, and City of Oviedo have stated that they have no objections to the request.

Mr. Matthews stated he received an additional letter (copy received and filed) today from DCA further stating they do not have any comments or objections to the proposed change.

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The Chairman announced that all of the staff members of the Courthouse and Services Building will be sent home at 3:00 p.m. as the phone systems and air conditioning will be shut off.

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Commissioner McLain reentered the meeting at this time.

Attorney Ken Wright, Shutts & Bowen, representing the applicant, addressed the Board to state the intent of the change in the DRI D.O. is to substitute some professional office uses suitable for a convenience store location back to an area which was previously professional office. He showed on the map that the access off Slavia is at grade level. He stated the access to the site is at Pine Meyer Drive and it will not be a drop-off but at grade level.

No one spoke in support or in opposition.

Commissioner Maloy stated he spoke with both homeowners near and across the street from this site and both did not have opposition.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to authorize the Chairman to sign the Second Amended and Restated Substantial Deviation Development Order, as shown on page __________, for the Oviedo Marketplace Development of Regional Impact (DRI); property located in the immediate vicinity of the Central Florida GreeneWay (S.R. 417)/Red Bug Lake Road Interchange, containing approximately 435 acres; as described in the proof of publication, Viera Company and ACI Income Fund, II, Ltd.

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

Continuation of a public hearing from May 26, 1998, to consider Amendment to the Oviedo Crossing Final Master Plan and Developer’s Commitment Agreement to rezone from PUD (Office) to PUD (Commercial) and from PUD (Commercial) to PUD (Office); property located on the east side of Red Bug Lake Road, north of Slavia Road, ACI Income Fund.

Mr. Matthews stated the applicant is requesting rezoning from PUD Office to PUD Commercial and from PUD Commercial to PUD Office between Parcels 20 and 31, transferring some of the trips from Parcel 30 to Parcel 20. He said Parcel 20 is proposed for a convenience store with gas pumps, and there are no proposed increases in the overall daily trips. Mr. Matthews advised that staff is recommending the request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; and (4) Would be able to meet all environmental standards. He stated the P & Z Commission unanimously recommended the proposed changes.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve rezoning, by Ordinance #98-36, as shown on page __________, from PUD (Office) to PUD (Commercial) and from PUD (Commercial) to PUD (Office); property located on the east side of Red Bug Lake Road, north of Slavia Road; amending he Oviedo Crossing Final Master Plan and Developer’s Commitment Agreement, as shown on page __________, with staff comments.

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

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide, to accept into the Record the proof of publication for this afternoon’s scheduled public hearing.

Development Plans Examiner, Sylvia Smith, addressed the Board to present the request for approval of Alaqua Lakes Phase III Preliminary Subdivision Plan; property described as 40 lots on 32 acres within the Alaqua Lakes PUD located on the west side of Markham Woods Road at Lake Mary Blvd., Taylor Woodrow Communities.

Ms. Smith advised the P & Z Commission recommended approval of the preliminary plan and staff is also recommending approval.

Motion by Commissioner McLain, seconded by Commissioner Adams, to approve the Alaqua Lakes Phase III Preliminary Subdivision Plan; property described as 40 lots on 32 acres within the Alaqua Lakes PUD located on the west side of Markham Woods Road at Lake Mary Blvd., Taylor Woodrow Communities.

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

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Ms. Smith presented the request for approval of the Wyndham Oaks Preliminary Subdivision Plan; property described as 33 lots on 12.73 acres located on the east side of McNeil Road and access will be from McNeil; property is bounded by Bear Lake Road on the north and Bonnie Drive on the east, Rink Development and Management, Inc.

Ms. Smith stated staff recommends approval with the following conditions: (1) In lieu of a sidewalk along Tract C, the applicant will install a 5’ wide sidewalk along Bear Lake Road, from Bonnie Drive to McNeil Road; and (2) A variance for the requirement that double frontage lots have a minimum of 150’ of lot depth, provided a 6’ high wall shall be constructed along Bear Lake Road and Bonnie Drive. For Lots 27-29, the minimum lot depth shall be no less than 109’ and for Lots 14-18, the minimum lot depth shall be no less than 105’.

Ms. Smith advised Commissioner Van Der Weide that the applicant is in agreement with the staff recommendations.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams, to approve the Wyndham Oaks Preliminary Subdivision Plan; property described as 33 lots on 12.73 acres located on the east side of McNeil Road and access will be from McNeil; property is bounded by Bear Lake Road on the north and Bonnie Drive on the east, Rink Development and Management, Inc.; with staff recommendations.

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

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Ms. Smith presented the request for approval of the Tuck’s Knoll Preliminary Subdivision Plan; property described as 13 lots on 16.98 acres with lots along Howell Creek; located on the east side of Dodd Road approximately ¼ mile south of Red Bug Lake Road and north of Dike Road, Bel-Aire Homes.

Ms. Smith stated the P & Z Commission recommended approval of the preliminary plan and staff is also recommending their approval. She added that this plan does include a dedication by the owner.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to approve the Tuck’s Knoll Preliminary Subdivision Plan; property described as 13 lots on 16.98 acres with lots along Howell Creek; located on the east side of Dodd Road approximately ¼ mile south of Red Bug Lake Road and north of Dike Road, Bel-Aire Homes.

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

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Ms. Smith presented the request for approval of Heathrow Tract 31 Preliminary Subdivision Plan; property described as a 32.9 acre site (100 lots in Phases 1 and 2) located at the northwest corner of Heathrow Boulevard and Orange Avenue, Heathrow Land Company.

Ms. Smith stated the P & Z Commission recommended approval of the preliminary plan and staff is also recommending approval.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve the Heathrow Tract 31 Preliminary Subdivision Plan; property described as a 32.9 acre site (100 lots in Phases 1 and 2) located at the northwest corner of Heathrow Boulevard and Orange Avenue, Heathrow Land Company.

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

Mr. Matthews requested Board direction to proceed with staff analysis, community input, and preparation of a set of recommended design standards that would provide additional guidelines for non-residential development within the Rural Area. He advised the Board that this will be brought before the LPA and then back to the BCC.

Motion by Commissioner McLain, seconded by Commissioner Adams, to authorize staff to proceed with staff analysis, community input, and preparation of a set of recommended design standards that would provide additional guidelines for non-residential development within the Rural Area.

Under discussion, Commissioner Maloy said he does not want this to get too far out of hand.

Chairman Morris directed Mr. Matthews to be sure to notify the various organizations and industries affected and bring this item back for the Board to review.

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

Chairman Morris discussed local preference for bid procedures and surrounding counties. He said that Orange County now includes Seminole County and Lake County in their local preference area. He stated Seminole County does not have any preference points against anyone.

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The Board had no objections to Seminole County endorsing Highland County’s request to get their lost Federal Highway Administration dollars back from the State.

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Chairman Morris advised of letter received from Charles Dobbs requesting the Board to put on the agenda the widening of Howell Branch Road.

Commissioner Adams stated he would want to hear from the Traffic Engineer on what the studies show before taking action on this.

Commissioner Maloy recounted some of the problems in the past but said he thought a lot of those have now been eliminated. He said he would have no problem placing this on the agenda to see what the Board is going to do.

Commissioner McLain stated he would be interested in seeing the traffic study.

Chairman Morris said he doesn’t have the traffic study, but he thinks it will show that with the widening of 436, the counts have leveled off and that is probably the continuing trend. He stated if the Board has no objections, he would recommend having the traffic study come back along with recommendations on alternatives, if these studies show that the widening is not needed. That will deal with the safety and aesthetic improvements. He said this issue needs to be brought back when the full Board is present. The Board had no objections.

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Chairman Morris reminded the Board of budget hearings to be held tomorrow and Thursday, and Friday, if necessary, beginning at 9:00 a.m. at Lake Sylvan Park.

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Mr. Kaiser advised the Chairman that he will not be attending another Board meeting until August. Whereupon, Chairman Morris asked the Board to check their schedules to see who will not be in attendance for the two meetings in July. He said he will potentially look at not having a second meeting in July.

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

Commissioner McLain asked Mr. Kaiser to schedule for the first meeting in August a street name change in the area of Beardall for the no-named street with only one resident. He asked that staff explain to the citizen why there is a need for the name change. He said the one homeowner may wish to have the street named after himself.

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Commissioner McLain reported that he and Commissioner Morris attended the FAC Board meeting last week and Commissioner Morris was elected unanimously to continue serving on that board. He said there are now two Commissioners from Seminole County serving and Orange County does not have anyone serving.

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Mr. McMillan announced that he was reelected to the Board of Directors for the County Attorney Association.

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Commissioner Maloy advised of a hardship for a citizen, Mrs. Ruth Ferguson, 2802 Walker Street, Jamestown area, who is wheelchair-bound. He said the road is in an impassable condition at this one corner, but it has never been dedicated to the County. Commissioner Maloy submitted copies of pictures (received and filed) of the road’s condition to the Board. He stated the Road Department has said the Board can authorize staff to shell the road.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to authorize staff to perform a one-time emergency maintenance on Walker Street.

Under discussion, Commissioner McLain amended the motion to have staff check if CDBG funds are available to pay for the shell. Commissioners Maloy and Van Der Weide concurred with the amendment.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:18 p.m., this same date.

ATTEST________________________Clerk____________________Chairman

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