BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
JANUARY 22,
2002
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January 22, 2002, in the SEMINOLE COUNTY SERVICES BUILDLING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy
(District 1)
Commissioner Randy Morris
(District 2)
Commissioner Dick Van Der Weide
(District 3)
Commissioner Carlton Henley
(District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Reverend
Bruce Scott, First Presbyterian Church, Sanford, gave the Invocation.
Commissioner
Morris led the Pledge of Allegiance.
Commissioner
Morris commended Mr. Grey Wilson for his service to Seminole County.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-11, as shown
on page ________, commending Grey Wilson for his service to Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Maloy entered the meeting at 9:35 a.m.
Commissioner
Morris presented the Resolution to Mr. Wilson, who expressed his appreciation.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize and
approve the following:
2. Approve proposed
settlement relating to Parcel Number 104 of the Montgomery Road road
improvement project, located at the corner of State Road 436 and Montgomery
Road, in the amount of $885,884.00, inclusive of all land value, statutory
interest, attorneys’ fees and cost, Star
Enterprises property.
Property Acquisition
3. Approve and execute Purchase Agreement, as shown on page
_________, relating to Parcel Number 119 of the Lake Emma Road road improvement
project, located on west side of Lake Emma Road and north of Oak Grove Circle,
in the amount of $5,250.00 with no attorney’s fees or expert costs incurred, Loftin property.
4. Approve and
execute Purchase Agreement, as shown on page _________, relating to Parcel
Number 113 of the Lake Drive road improvement project, located along the
southwesterly side of Lake Drive, in the amount of $75,000.00 with no attorney’s
fees or expert costs incurred, Narbi
International Investments property.
Districts 1, 2, 3, 4 and 5 voted AYE.
Robert
McMillan, County Attorney, addressed the Board to present request for
authorization to proceed with Offer of Settlement in Bob Dance vs. Seminole
County Code Enforcement Board lien in the amount of $20,500. He stated Mr. Dance has offered to pay the
County $3,000 in settlement of said lien.
He said Deputy County Manager/Sherman has reviewed the request and does
not recommend approval of the proposed settlement.
Upon
inquiry by Commissioner Maloy, Stephen Lee, Deputy County Attorney, addressed
the Board to review the three reasons set up a year ago not for reducing the
fines.
Mr.
McMillan explained for Commissioner Morris the progress of the current
litigation.
Don
Fisher, Planning & Development Director, addressed the Board to discuss the
Suzuki and Bill Heard Chevrolet signage issues.
Commissioner
Morris stated this dealership has been fined on a routine basis and there are
other dealerships that are on the same roadway and are in compliance. He stated Mr. Dance has promised not to do
this again and it is three years later and he is still not in compliance. This Board has been liberal in working with
Mr. Dance to come into compliance.
Discussion ensued.
Commissioner
Van Der Weide stated he would like to hold this item until staff can resolve
some of the issues.
The
Board’s consensus was to hold this item and bring it back at a
later date.
Mr.
Lee submitted and reviewed information (received and filed) relative to an act
relating to the Charter County Transit Surtax being proposed by Hillsborough
County. He stated staff will provide a
copy of the proposed information to Lynx for their Board of Directors to
review. Mr. Lee reviewed the second
issue relating to a lobbying group preparing a program to oppose Senator
McKay’s constitutional amendment of reducing the sales tax from 6% to 4% and
spreading it over a wider base. He
stated the Florida Association of Counties (FACo) has taken a position in favor
of the tax equity and a simplified taxing system.
Commissioner
Maloy stated he is not opposed to the Lynx issue as they are looking at future
services and different options of a dedicated funding tax. He stated he does not like the 1% aspect of
it. He stated he feels that if the
voters want to support the transportation tax, it can be done for far less than
1%.
Commissioner
Morris stated he feels the Board should oppose the initiative of the tax
reform.
The consensus of the Board was
to support Commissioner Maloy’s position on the County Transit Surtax.
Commissioner
Morris stated he believes the Chairman has received a letter from FACo asking
the Board to support the new tax reform.
He stated he would recommend that the Chairman send a letter indicating
that the Board opposes the current initiative in the Senate regarding tax
reform.
Chairman
McLain stated he feels this Board opposes any tax increase and they are going
to be very skeptical of any plan and will use their influence any way they can.
Commissioner
Morris stated he would like this issue to come back to the Board at their next
meeting.
Chairman
McLain stated he believes the consensus is to authorize staff to come back with more
information on the tax reform so that the Board can make a more informed
decision.
Jerry McCollum, County Engineer, addressed the Board to explain for Commissioner Maloy why the additional funding is needed for Item #14, BCR 02-31, Cross Seminole Trail.
Mr. Grace advised a revised Purchase and Sale Agreement has been submitted for Item #7, purchasing of land owned by Mark Goodman. He stated the land purchase is for one parcel and not three.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize and
approve the following:
11. BCR #02-27 – $93,119 – Fiscal Services – Administration – Fund: 32100 – Lands/Trails fund. Professional Services expenses relating to the 2001 bond issuance for trail construction, including rating agency fees, have all been paid. A transfer from reserves is requested to cover these expenses.
12. BCR #02-28 – $2,315,377 – Administrative Services – Support Services – Fund: 32200 – Courthouse fund. Funding for the new Courthouse was budgeted in the Buildings account line. Project includes land purchases and professional services (i.e., bond costs and owner’s representative). Bond costs include bond insurance and accounting adjustment for underwriters’ discount. Accounting alignment needed to place budget in proper account lines.
13. BCR #02-30 – $700,000 – Environmental Services – Water & Wastewater – Fund: 40104 – Debt Proceeds Series 1999 fund. Transfer is requested to provide for an additional high capacity well at Consumers Water Treatment Plant as allowed under our existing St. Johns River Water Management District Consumptive Use Permit. Funds will also provide for enhancements, more accurate plant discharge flow metering, and other minor necessary improvements.
14. BCR #02-31 – $25,000 – Public Works – Engineering – Fund: 32100 – Trails Capital Projects fund. Additional funding is needed for the Cross Seminole Trail design contract that was awarded at the December 11th BCC meeting. This contract (not to exceed $210,000) will provide design services and environmental permitting services for the southern portion of the Cross Seminole Trail from Orange County to Mikler Road. Funding is available from the project’s construction account.
15. BCR #02-32 – $3,321 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer fund. Accounting adjustment only. Furniture for new maintenance building at Consumers Water Treatment plant was budgeted as an operating expenditure. Furniture configuration results in joined pieces exceeding capital threshold. Request transfer of budgeted funds to appropriate capital account line.
16. BCR #02-33 – $668,317 – Public Works – Engineering – Fund: 10101 – Transportation Trust fund. Accounting adjustments for various minor road and pari-mutuel sidewalk projects are necessary to correspond to updated schedule and cost estimates.
17. BCR #02-34 – $215,000 – Public Works – Engineering – Fund: 11541 – Infrastructure Sales Tax 2001 fund. The Sabal Palm Drive rebuilding project is to be funded by the recently approved sales tax renewal. An earlier starting date for the project is necessary because of recent roadway deterioration.
18. BCR #02-35 – $9,620 – Community Services – Community Assistance – Fund: 00100 – General fund. Request $9,620 from General Fund reserves for final payment to Boys and Girls Club for prior year services. Funding was approved last year and unpaid balance was carried forward in fund balance.
MSBU
19. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page ________, for Susanne O. Oldroyd, relating to the Black Hammock Phase II Water Service Municipal Services Benefits Unit.
20. Award
FC-1171-01/BJC, as shown on page _________, Greenwood Lakes Well #5
Construction Project, to Wharton-Smith, Inc., Lake Monroe ($432,000.00).
21. Approve Amendment
#2, as shown on page _________, to FC-1162-01/BJC - Bridge Rehabilitation 2002,
with CPW Enterprises d/b/a Cherokee Construction Co., Orlando ($30,000.00).
22. Award
FC-1172-01/BJC, as shown on page _________, Consumers Water Treatment Plant -
Installation of Well #7 to Jaffer Associates, Ltd., Miami ($375,550.00).
23. Approve ranking list for PS-5105-01/BJC – Professional Services for Lake Monroe/SR 46/Orange Boulevard Water Main, authorize staff to negotiate and award a Master Agreement, as shown on page ________, to HDR Engineering, Inc., Winter Park (Not-to-Exceed $200,000.00).
24. Approve ranking list for PS-5108-01/BJC – Professional Services for 2020 Alternative Water Supply Study, authorize staff to negotiate and award a Master Agreement, as shown on page _________, to Hartman & Associates, Inc., Orlando (Not-to-Exceed $750,000.00).
25. Approve Amendment #1, as shown on page _________, to Work Order #26 to PS-522-98/BJC - Comprehensive Planning Consulting Services, Engineering and Environmental Analysis of the Wekiva Project, with Herbert-Halback, Inc., Orlando ($11,480.00).
26. Award RFP-4127-01/BJC, as shown on page _________, Emergency Debris Management for Seminole County, to Grubbs Emergency Services, Inc., Brooksville (Primary Contractor) and DRC, Inc., Mobile, AL (Secondary Contractor) (Not to Exceed $5,000,000.00).
27. Award RFP-4134-01/BJC, as shown on page ________, SHIP Architectural Barrier Removal Program (SHIP 2001-2002) to Stein Gerontological Institute, Miami (Not to Exceed $300,000.00).
28. Approve Amendment #4, as shown on page _________, to Work Order #1 to RFP-461-99/BJC – Wetlands Monitoring Consultant Services with PBS&J, Orlando ($75,000.00).
29. Approve Amendment #1, as shown on page ________, to RFP-4117-01/GG for Display Wall & Display Wall Controller for Seminole County Advanced Traffic Management Controller with Advanced Video Inc., Columbia, SC (Time Extension).
33. Approve proposed changes to the Local Housing Assistance Plan; authorize Chairman to execute Resolution #2002-R-13, as shown on page ________, effecting the changes; and authorize staff to submit the proposed changes to the Florida Housing Finance Corporation for approval.
34. Approve and authorize Chairman to execute Satisfactions of Mortgage, as shown on page ________, for down payment assistance under the SHIP Program’s Home Ownership Assistance Program for Scott and Colleen Anne Christian, Andrea Wells, Harry and Teresa Nieves, Everardo and Carina Gomez, and Salvador Sanchez, Jr.
39. Approve and authorize Chairman to execute the Recreational Trails Program Project Grant Agreement, as shown on page _________, with the Florida Department of Environmental Protection in the amount of $80,000 of matching grant funds for the FNST Bridge Project to replace the existing bridge over the Econlockhatchee River within the Flagler Trail Corridor.
Districts 1, 2, 3, 4 and 5 voted AYE.
CLERK’S CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize and
approve the following:
A. Expenditure Approval Lists dated December 26,
2001 & January 2 & 8, 2002; and Payroll Approval Lists dated December
20, 2001 and January 3, 2002, presented.
B. Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Carl W. Schwenzer & Accredited Surety & Casualty Ins. Co. - $201
C. Chairman to execute the following Satisfactions of Judgment/Court Costs:
Loren G. Baker, #97002704CFA - $253
Loren G. Baker, #90003042CFA - $225
Loren Baker, #97006437MMA - $125
Ronald Keith Mallek, #95000999CFA - $255
Ronald Keith Mallek, #96002219CFA - $255
Ronald Keith Mallek, #97000233CFA - $255
D. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Joshua A. Bartlett, #01010645MM - $250
David Bass, #G89002658CFA 2 - $50
Robert C. Daley, #01002662FCA - $200
Ryan Hess, #96000828CFA - $350
Julie Homan, #01010210MM - $200
Jacob M. Kovats, #00001929CFA - $350
Samuel Long, #92009325MM - $50
Myriam Maldonado, #98002558CJA - $200
Myriam (L.R.) Maldonado, #94003102CJA - $150
Ronald Keith Mallek, #95000999CFA - $350
Ronald Keith Mallek, #96002219CFA - $350
David A. Mandraken, #00007461MM - $200
Everette McClennon, #01007794MM - $200
Michael Sean McCurdy, #90002770CFB - $350
Billy M. Osborne, #00001118CJA - $100
Tricia R. Parrish, #00000444CFA - $350
Richard B. Pedigree, #00001821CFA - $200
Alexander Schenker, #0000105CJA - $100
Christopher W. Scherf, #92001147CFC - $200
Douglas L. Winton, #97003224CFA - $350
Timothy A. Word, #00012959MM - $200
Thomas E. Zediker, #00014308MM - $200
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. Performance Bonds, as shown on page ________, for Lake Forest Section 13 in the amounts of $202,970.90 and $38,310.80.
2. Title Opinion, as shown on page ________, for Greeneway Depot Lot 5 Replat.
3. Work Order #35, as shown on page ________, for PS-543-99, Ardaman & Assoc., Inc.
4. Consultant Services Agreement #M-287-01, as shown on page ________, with WJE, Inc.
5. DB-606-01 Contract, as shown on page _________, with Martin K. Eby Construction for Seminole Wekiva Trail.
6. Sign Design & Installation Agreement #M-293-01, as shown on page _________, with Dyer, Riddle, Mills & Precourt, Inc.
7. Warranty Deed, as shown on page _________, from Daniel E. & Mildred J. Zaffran for Parcel #102, Wymore Road.
8. Warranty Deed, as shown on page ________, from Charles E. & Phyllis W. Senkarik for Parcel #115, Hwy. 46A Ph. III.
9. Warranty Deed, as shown on page ________, from John E. & Zoe A. Boyer for Parcel #113, Wymore Road.
10. Warranty Deed, as shown on page ________, from Robin & Mary Jean Lillibridge for Parcel #105, Wymore Road.
11. South Point Industrial PCD Addendum #1, as shown on page _________.
12. Denial of Development Order, as shown on page ________, for United Studios Sign Height Variance, Bob Lee.
13. Denial of Development Order, as shown on page _________, for setback variance for James A. & Carla L. Bruton.
14. Work Order #2, as shown on page ________, to PS-589-01, Blount, Sikes & Assoc., Inc.
15. Mutual Termination, as shown on page _________, of Telecom Network Upgrade Agreement #RFP-201-95/CI, as approved by the BCC on April 10, 2001.
16. Resolution #2001-R-74 & Warranty Deed, as shown on page _________, for land given by Shoemaker Construction Co., Inc., as approved by the BCC on April 24, 2001.
17. Change Order #9, as shown on page ________, to FC-168-99, Tuskawilla Road Ph. III & IV.
18. Change Order #1, as shown on page _________, to FC-1151-01, East Altamonte Sidewalk Project.
19. Head Tennis Pro Agreement, as shown on page _________, with Cynthia Harkins.
20. Consulting Services Agreement #M-295-01, as shown on page _________, Connect Consulting, Inc.
21. First Amendment, as shown on page _________, to Work Order #22 to PS-555-00, PEC, Inc.
22. Conditional Utility Agreements, as shown on page _________, for water and sewer for M/I Schottenstein Homes, Inc., Woodsong Subdivision/Sanford Farms.
23. Change Order #2, as shown on page ________, to FC-1142-00, CR 427, Ph. V & VI.
24. Head Tennis Pro Agreement, as shown on page _________, with Charlie O’Brien.
25. First Amendment, as shown on page ________, to Construction Contract Agreement #M-257-01, Tom Tanenbaum, Inc.
26. Copy of Letters regarding Board of Adjustment action to the following: Angel Rosario, Murray B. Baxter, Hindu Society of Central Florida, Betty Townsend, Laura Zavalia, Jacob Cook & Crystal Rogers, Simon Schwartz, Robert R. Prado, Angel Rosario, Joan Arrigall, Mark Schneider, B.K. Gangrade, Anita Ervin, Michelle Konforte, Maria Jester, Evelyn Jean Schmidt, Christopher S. LaRocca, Diane Garzino, Kim Richardson, Arlington Homes, LLC, and Park Square Homes.
27. Memorandum of Agreement, as shown on page ________, for Voter Education & Pollworker Recruitment Assistance.
28. Development Order, as shown on page ________, for Robert B. Bennett, Jr.
29. Aloma Business Center Final PUD Master Plan Developer’s Commitment Agreement, as shown on page _________.
30. Wyman Fields Foundation, Inc. Covenants to Comply, as shown on page ________, for Moss Place, as approved by the BCC on August 28, 2001.
31. KBC/Briar Warehouses Final PCD Master Plan and Developer’s Commitment Agreement, as shown on page __________.
32. Bill of Sale, as shown on page _________, for water and sewer systems within Heather Glen.
33. Resolution #2001-R-128, as shown on page _________, Vacate and Abandonment of Sherry Lane & Overlook Drive for Florida Conference of Seventh Day Adventist, as approved by the BCC on July 24, 2001.
34. Maintenance Bond, as shown on page _________, for Tivoli Apartments in the amount of $3,131.
35. Work Order #26, as shown on page ________, to FC-1139-00, C.A. Meyer Paving & Construction Co.
36. Work Order #4, as shown on page _________, to RFP-451-98, The Triece Company.
37. Work Order #6, as shown on page ________, to PS-590-01, Inwood Consulting Engineers.
38. First Amendment, as shown on page ________, to Work Order #2 to PS-556-00, DCR Engineering Services, Inc.
39. Consultant Services Agreement #M-271-01/BJC, as shown on page ________, Black & Veatch Special Projects Corporation.
40. Bids for the following: PS-5109-01, RFP-4132-01, RFP-4122-01, and FC-1171-01/BJC.
41. First Amendment, as shown on page _________, to W.O. #1 for PS-569-00, Metric Engineering, Inc.
42. First Amendment, as shown on page ________, to Bid #270-01/BJC, Shutterpro Hurricane Shutters.
43. Change Order #3, as shown on page _______, to FC-1135-00, Tuscany Subdivision water main.
44. Work Order #25, as shown on page _______, to FC-1139-00, C.A. Meyer Paving & Construction Co.
45. Change Order #10, as shown on page _______, to FC-168-99, Tuskawilla Road Ph. III & IV.
46. Warranty Deeds and Title Policies, as shown on page ________, relating to the Wymore Road Improvement Project, CR 419, Ph. I, CR. 46A, Ph. III, SR 427, Ph. V, and SR 427, Ph. VI.
Ray Hooper, Purchasing
Manager, addressed the Board to present request to rank the firms, award the
project; and authorize the Chairman to execute a contract with the selected
firm for RFP-4133-01/BJC Financial Consulting Services for Seminole County.
Mr.
McMillan distributed each Commissioner’s business card to them in order for
them to rank the number one firm. Mr.
McMillan tallied the vote and advised that the Board unanimously ranked Stifel,
Nicolaus & Co. – Hanifen Imhoff Division as the number one firm. Mr. McMillan tallied the vote for the number
two firm and advised Commissioners Maloy, Morris, Van Der Weide and Henley
ranked First Southwest Co. number two and Commissioner McLain ranked Public Financial
Management as number two.
Motion by Commissioner Maloy, seconded by
Commissioner Henley to rank Stifel Nicolaus & Co. as the number one firm
and First Southwest Co. as the number two firm; authorize the Chairman to
execute a Contract, as shown on page ________, with the selected firm for
RFP-4133-01/BJC Financial Consulting Services for Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Speed Thomas, Facilities Maintenance Manager, addressed the Board to present request for Board approval on moving into Phase 2 of the Contract, Design/Build for the Juvenile Justice Center with The Collage Companies/Scott Partnership. He stated the preliminary design (Phase 1) was finalized on December 21, 2001. The facility will increase to 32,000 sq. ft. and will include additional courtrooms, holding areas and office space for the various staff sections.
Tim
Abby, Scott Partnership, addressed the Board to submit and briefly review the
location plan; site plan; floor plan and elevations as outlined in the
Expansion Study booklet (received and filed).
Mr.
Abby discussed with Commissioner Maloy the exterior wall, type of roofing on
the majority of the building, and the location of the air conditioning units.
Upon
inquiry by Commissioner Henley, Mr. Abby advised his office is working on the
architectural features of the corridors.
He stated at this point nothing has been depicted but they are working
on it. Discussion ensued with regard to
getting additional natural light into the building with skylights.
Upon
inquiry by Chairman McLain, Mr. Thomas advised staff has met with the user
groups on two separate occasions and this is a plan that includes their input.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve moving into Phase 2 of the Contract, Design/Build for the Juvenile Justice Center, with The Collage Companies/Scott Partnership.
Under discussion, the Chairman advised the architect will address the lighting issue when he comes back to the Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Colonial Grand II PUD, located west of Banana Lake Road approximately ¾ mile south of CR 46A (28.5 acres), Colonial Realty Limited Partnership.
Districts 1, 2, 3, 4 and 5 voted AYE.
1:30 P.M.
MEETING
PRESENTATION
Chairman McLain advised that Mayor Pronovost, City of Casselberry, will be unable to attend this afternoon’s presentation; therefore, it will be continued to a later date.
Upon inquiry by Chairman McLain, Mr. Grace advised he believes there are people interested in attending the two briefing items scheduled for this afternoon, therefore, he would recommend hearing those at that time.
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The Board recessed the meeting at 10:30 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk, Eva Roach, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.
Planning Manager, Matt West, addressed the Board to remind the Board that this is the proposal that was withdrawn by the Board during the fall cycle of the 2001 Large Scale Amendments. This addresses development in the rural area of east Seminole County.
Commissioner Morris entered the meeting at this time.
Mr. West advised that the Board directed staff to look at alternatives which would allow for de minimis exceptions to the lot area regulations so that, in limited cases, a lot split would be permitted or a non-conforming lot could be developed without the necessity of a variance hearing. He said if the Commission wishes to pursue these concepts, it will take a lot of staff time and effort to perfect the language.
Commissioner Henley commented that in his mind, the de minimis lots and the rural lot splits are two different things; however, in staff’s report, they seem to be intermingled.
Mr. West stated the de minimis lots and lot splits are two different things. Whereupon, Commissioner Henley stated he believes they should be dealt with separately.
Commissioner Morris agreed with Commissioner Henley and suggested the Board deal with de minimis lots separately.
Mr. Matt continued with a PowerPoint presentation (copy was received & filed), explaining what properties are considered to be vacant and which properties are excluded. He said that after a survey was completed, staff determined that there are only approximately 434 parcels that might be candidates for rural lot splits. He reviewed the current regulations for subdividing land (Section 35.2 Comp Plan) and the proposed changes to provide for the rural lot splits.
Commissioner Maloy questioned if there was any way proposed changes could be used as a loophole for a developer to come in and put in a subdivision. Whereupon, Mr. West stated the proposed changes are only concepts. If the Board wants to pursue this, staff would need to spend some time to see how to make sure this is not abused. Discussion ensued.
Chairman McLain pointed out that when the Board discussed this last year, projections were that it might affect upwards to 4,000 parcels instead of the 434 parcels estimated now.
Mr. West advised if the Board wishes to pursue this, staff would need to prepare a policy for the fall cycle that says the County will adopt regulations that will allow these types of de minimis activities.
Commissioner Morris stated he does not want to leave the requirement for a lot split wide open and objected to the proposed language “but not limited to” under Item #1 of the proposed requirements. He said documentation evidence should be specifically defined. He further said that under Item #1b, he does not like the “and or legal” language. He also questioned “gross lot” under Item #2, stating it sounds like the County has two standards.
Chairman McLain stated staff is looking for Board direction to pursue this. He said he believes each Commissioner will want to be briefed so that they can make sure they are comfortable with it. He stressed that the Board does not want any loopholes in this.
The Board, by unanimous consensus, directed staff to move forward with the de minimis lot size waivers amendment for the March cycle; and the rural lots split amendment for the fall cycle. Staff is also to determine what the impacts will be and how many of the 434 parcels could be split.
Commissioner Morris clarified that under the de minimis lot size waivers, only the Planning Director would be making that decision; and that authority would not be delegated. Whereupon, Chairman McLain concurred.
Planner, Alice Gilmartin, addressed the Board to state, as directed, the staff has prepared a scope of services for a transit vendor and a timeline outlining the steps and duration of the procurement process. She advised she is seeking comments on the scope and Board recommendation to go forward with the RFP. She said the second item for discussion is the potential change to the Land Development Code for transit shelters and the third is dealing with the existing benches at the stops. She further said that Engineering has concerns about placing attention-getting devices into the right-of-way. She advised there are approximately 400 bus stops and of that 200 are in unincorporated Seminole County.
Commissioner Maloy stated he believes the proposed RFP is excellent. However, he said he does not believe the kiosks should be taken out totally.
Commissioner Van Der Weide advised there is a bus stop at Wekiva Springs Road and SR 434. He said there is not enough room for a shelter, but it could use a sign or a bench.
Commissioner Morris complimented Ms. Gilmartin for her work on this RFP.
Commissioner Maloy stated he is not opposed to changing the Land Development Code. He also stated that he would not want the existing benches to prevent the County from having new ones built.
The Board, by unanimous consensus, approved the Scope of Services for Transit Shelter Vendor Scope of Services, with noted minor changes; and directed staff to move forward with the amendment to the Land Development Code.
Ms. Gilmartin requested approval to discontinue the placement of the existing benches. She advised no payment on them has been received since 1996. She suggested an amortization schedule be used.
Upon inquiry by Commissioner Maloy, Ms. Gilmartin stated they hope to simultaneously install the new benches when they take out the old benches.
Commissioner Morris stated there is no requirement for an amortization schedule for the old benches because they are there illegally now.
Mr. Grace stated staff will send out letters to the owners of the old benches so that they will be aware of the situation.
Commissioner Maloy agreed with a “phase out” approach.
The Board, by unanimous consensus, agreed to “phase out” the existing benches as this project is completed.
Letter from Lou Muscia, Clear Channel Outdoor, regarding the proposed RFP was received and filed.
No report.
Commissioner Maloy briefly updated the Board on the Osprey Lakes Subdivision elevation situation. Copy of letter from Hugh Harling, developer’s representative, was received and filed.
Director of Planning & Development, Don Fisher, addressed the Board to advise everything the developer did was legal.
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Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Andrew Holman to the Trails & Greenways Task Force for a two-year term ending January 2004.
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Commissioner Maloy advised that Goldenrod Park in Orange County is now open. He stated it is a very nice park and suggested staff take a look at it.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to reappoint Bonnie Ware to the Historical Commission for a two-year term; and reappoint Beverly Myers to the Library Advisory Board for a two-year term.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris briefly discussed his trip to Tallahassee, advising he represented Volusia County and Brevard County on their Trails Grant Program. He advised they have been moved up to number three.
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Commissioner Maloy advised a representative from the St. Johns River Water Management District attended the last CALNO meeting to discuss the quality of water in Central Florida. He further advised that a Water Summit has been scheduled for January 31, 2002 at the Orange County Convention Center.
The following Communications and/or Reports were received and filed:
1. Copy of letter dated January 8, 2002, to the Edstrom Family from Joe Gasparini, Parks & Recreation Manager with copies to BCC and Library & Leisure Services Director RE: appreciation of recent donation.
2. Copy of letter dated January 8, 2002, to Gerald Collard from Kenneth M. Roberts, Public Safety Director RE: appreciation of recent donation.
3. Copy of letter dated January 8, 2002, to Amy Meese from Kenneth M. Roberts, Public Safety Director RE: appreciation of recent donation.
4. Letter from Keith Cleborne to Commissioner McLain RE: swimming lessons home occupation. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
5. Email dated January 9, 2002 from Howard L. Pabst to Board RE: proposed apartment complex on McCulloch Road. (cc: Planning & Development/Administration, Comprehensive Planning)
6. Email dated January 9, 2002 from Edward Garbarino to Board RE: opposition to college housing developments on McCulloch Road. (cc: Board, Planning & Development/Administration, Comprehensive Planning)
7. Letter dated December 21, 2001 from Florida Department of Health to Chairman McLain RE: Emergency Medical Services County Grant award. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Fiscal Services Director, Health Department Director)
8. Letter dated January 3, 2002 from Central Florida Sports Commission to Commissioner McLain RE: November 2001 Activities Report. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Tourism)
9. Email dated January 8, 2002 from Dorothea Guss to Board RE: opposition to Emmer/Portofino Apartment Complex, McCulloch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
10. Email dated January 8, 2002 from Brad & Julie Larsen to Commissioner McLain RE: opposition to Emmer/Portofino Apartment Complex, McCulloch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
11. Email dated January 9, 2002 from Rita Deschambeau to Commissioner McLain RE: Sand Lake Road Hearing (cc: Board, County Manager)
12. Press release dated January 4, 2002 from Time Warner Cable RE: high definition TV signal availability. (cc: Board, County Manager, Cable Franchise Coordinator)
13. Copy of letter dated January 7, 2002 to Anthony Miller, Senior Regulatory Scientist/St. Johns River Water Management District, from Sam Kendall/Seminole Audubon Society RE: Wal-Mart Store, Rinehart Road. (cc: Board, County Manager, Planning & Development/Administration, Environmental Services Director)
14. Email dated January 8, 2002 from Bill Cekala to Commissioner McLain RE: student housing/McCulloch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
15. Email dated January 8, 2002 from Joe Brann to Board RE: student housing McCulloch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
16. Copy of email dated January 7, 2002 to Board and County Manager RE: comments on Red Bug Village PUD agenda item. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration)
17. Letter dated January 7, 2002 from Ronald Henson/Design Service Group, Inc. to Commissioner McLain RE: Leffler S.R. 46 PUD. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Public Works Director, Planning & Development/Administration, Comprehensive Planning)
18. Email dated January 7, 2002 from Clint Nye to Board RE: opposition to student housing project. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
19. Email dated January 7, 2002 from Mark Warren to Commissioner McLain RE: opposition to student housing project. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
20. Email dated January 8, 2002 from Richard Mueller to Board RE: opposition to student housing project. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
21. Contracts for Services, as shown on page _______, between Seminole County and: Wayne D. Pattillo, Jeffrey Wiley, Robert Young, David B. Stankiewicz, Carlos Rivera, G. Wayne Culver, Peter Velasquez, Donald E. McCoy, Jose Perez, David W. Smith, Troy A. Hadley, Peter Speroni, Billy G. Waddle, Joseph Wallbank, John J. Wiley, Martin Koller, Brian Amberg, Sr., Ronnie Williams, Dana Tittle, Darrell Simmons, Gerald F. Meter, Brian Amberg, II, Daniel Tucker, Colleen M. Luce, Timothy Hunter, Lawrence S. Swett, Brian Amberg, Sr., John Thaens, Jonathan Thaens, Martin Koller, David Mease, Jr., Teresa C. Gosch, Theresa L. Walburger, Robert A. Jackson, and Thomas Kyle Medina.
22. Email dated January 12, 2002, from Gary Ruckstuhl to Board, County Manager, DCM/Frank, DCM/Sherman RE: opposition to Emmer/Portofino apartment site on McCulloch Road. (cc: Planning & Development/Administration, Comprehensive Planning)
23. Email dated January 14, 2002, from Graig Stiffler to Board RE: opposition to Emmer/Portofino apartment site on McCulloch Road. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
24. Copy of letter dated January 10, 2002, to Commissioner Morris from Greg Pryor and Tom Boyko RE: Palomino Way & Red Bug Lake Road. (cc: Board, Planning & Development/Administration, Comprehensive Planning)
25. Memorandum to Board, County Manager, DCM/Sherman dated December 14, 2001 from Suzy Goldman, Library & Leisure Services Director RE: School/Public Library Resource Sharing System.
26. Letter to Commissioner McLain dated January 7, 2002 from Cathy G. Hillyer RE: proposed I-4 rest area. (cc: Board, County Manager, Comprehensive Planning)
27. Email dated January 14, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Sherman, Planning & Development/Administration)
28. Email dated January 15, 2002 from Bill and Michelle Haug to Board RE: opposition to Portofino student housing on McCulloch Road. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
29. Email dated January 15, 2002 from John & Joanne Kiriazes to Board RE: opposition to Emmer/Portofino Apartment Complex, McCulloch Road. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
30. Email dated January 14, 2002 from Nate Ferguson transmitting County Grant Activity Report (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
31. Email dated January 15, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Sherman, Planning & Development/Administration)
32. Copy of letter to Ray Hooper, Purchasing and Contracts Manager dated January 14, 2002, from Curtis A. Johnson, Group Manager, Jones Bros., RE: payment for performance of contract work/settlement of claim 1. (cc: Board, County Manager)
33. Copy of letter dated January 12, 2002, from Dr. & Mrs. Ralph Llewellyn to Commissioner McLain RE: opposition to Emmer/Portofino apartment site on McCulloch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
34. Email dated January 16, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Sherman, Planning & Development/Administration)
35. Letter dated January 14, 2002 to Commissioner McLain from Nedra Goettling RE: opposition to salary increase for Dennis Dolgner. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
36. Copy of letter to Ray Eubanks, Community Program Administrator, Florida Department of Community Affairs from J. Kevin Grace, County Manager with copies as noted on letter RE: City of Winter Springs Large Scale Plan Amendments. (cc: Board, Planning & Development/Administration, Comprehensive Planning)
37. Copy of property owner workshop notice from the City of Longwood RE: proposed plan amendments. (cc: Board, County Manager, Planning & Development/Administration, Comprehensive Planning)
38. Copy of letter to Curtis A. Johnson, Jones Bros., Inc. from Ray Hooper, Purchasing and Contracts Manager dated January 15, 2002 with copies as noted on letter in response to Grantline Road Project. (cc: Board)
39. Email dated January 17, 2002 from Art Ackerman to Ginger Hoke, Principal Coordinator, RE: CR 427 bike lanes. (cc: Board)
40. Public Notice dated January 10, 2002, from the Department of the Army RE: Permit Application for Lake Monroe PUD Project/Keewin Real Property Company 123-acre site on Lake Monroe. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning, Development Review)
41. Public Notice dated January 10, 2002, from the Department of the Army RE: Permit Application for the Florida Department of Transportation I-4 roadway widening project between Lake Mary Blvd. and SR15/600 (U.S. 17/92) (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Public Works Director, Traffic Engineer, Road Operations Manager, Planning & Development/Administration)
Mr. Grace advised he will be meeting with Kirby Green, St. Johns River Water Management District, this Friday with regard to surface water.
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Mr. Grace advised he will be sending a Memorandum to the Board with regard to a request from CALNO to amend the current franchise agreement with Time Warner Cable to provide for an educational channel. Copy of Memorandum was received and filed.
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Commissioner Henley advised the Board that he has asked Mr. Grace to brief him and the Board regarding fire hydrants in the County and those areas that do not have fire protection.
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The Board, thereupon, recessed at 2:50 p.m., reconvening at 7:02 p.m. with all Commissioners, with the exception of Commissioner Van Der Weide, who was absent, and all other Officials, including Deputy County Manager Sally Sherman, and with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Motion by Commissioner Henley, seconded by Commissioner Morris, to authorize filing of the proof of publication for this meeting’s scheduled public hearing.
Districts 1, 2, 4, and 5 voted AYE.
Continuation of a public hearing from October 23, 2001, to consider adoption of the Trails Protection Ordinance, as described in the proof of publication.
Jerry McCollum, County Engineer, addressed the Board to state he believes the document balances the interests of all parties and user groups and it reflects what was worked out with the user groups.
Commissioner Morris expressed appreciation for Mr. McCollum’s efforts in trying to work with some of the diverse interests and different perspectives. He referred to Sections 7 and 8 (regarding Access Permit Application and Review) of the proposed Ordinance and questioned that the entire review process and responsibility goes solely to the County Engineer. He asked how would this information refer back to the Board of County Commissioners or the Trails Advisory Board. He said as it is, this is one person’s opinion.
Mr. McCollum responded that the Library and Leisure Services Director and Planning and Development Director as well as himself would review an application, and they provide comments to him. He said one person would make the determination, but it is based on input from two other individuals as well as a special trails team. He advised an applicant can appeal any decision made by the County Engineer. If an applicant dislikes the conditions of the permit or the design, he can appeal to the BCC. He said after administering the ordinance for six months, if the Board would like to evaluate the process, they may do so.
Commissioner Morris asked how would the reporting process go so that the Board would know that permits are not all of a sudden being granted “helter skelter.” Mr. McCollum stated this program would probably be appropriate for reporting on a quarterly basis so they will have an idea of the permits being issued. Whereupon, Commissioner Morris requested that a report also be made available to the Trails Advisory Board to see what is happening, as they have worked very diligently on this program.
Mr. McMillan advised he thinks this could probably be done as an administrative policy.
Commissioner Henley referred to page 7, Item (b) and page 5, Item (e) regarding access and said if they are talking about a small access onto the trail, the process outlined is very elaborate and could be costly.
Mr. McCollum noted that page 10 addresses the access structures and said staff would not require that level of detail if someone just wanted to access the trail from their backyard.
Commissioner Morris stated several property owners constructed a footpath to the Cross Seminole Trail along the Tuskawilla area. He asked would they be required to go through the permitting process. Mr. McCollum said that would be reviewed, but it is probable that type structure would not be required to go through the entire process. Staff wants to be sure people are not putting in unsafe structures.
During discussion, Chairman McLain said they don’t want property owners building structures that the County would be liable for.
Commissioner Maloy discussed that the ordinance says an access structure has to be ADA compliant and he doesn’t know how that can be done with a footpath in the backyard. Mr. McCollum said he believes the Office of Greenways and Trails requires this. He said he would get clarification from that office.
Commissioner Henley stated he thinks the key is whether the structure is for private use and not public access on a property owner’s yard. He thinks if they keep in mind a person would have to get a permit for public access but not for every access.
During further discussion, Commissioner Morris said this ordinance might turn out to be a problem.
Chairman McLain explained he understands that if someone needs to build access to the trail over a ditch that is in the County trail right-of-way, the County needs to make sure it is safe in a reasonable fashion because anyone going down the trail could walk down that bridge. He thinks Mr. McCollum is saying that as staff evaluates these, they will use common sense and if the Board needs to re-evaluate this ordinance as they move forward they would have the opportunity to change the ordinance, but he doesn’t think the Board needs to weaken the ordinance at this point.
Mr. McCollum stated his first concern is if someone is going to have a structure in the County right-of-way, it has to be safe. He said he would get a better indication from the Office of Greenways and Trails on the ADA requirements. He will check if that Office is going to require everything to comply with ADA requirements, whether it is private or public access.
Wally Hill, 144 Wilson Drive, member of the Trails Advisory Committee, addressed the Board to state the Committee put in a tremendous amount of work on this and so did the staff and attorney. He noted that they did not have any guidelines for property owners in the past and they wanted to get something on paper to work from for the future. He thinks they have a workable document and if glitches come up, they can modify it in the future.
Chairman McLain thanked Mr. Hill and all those who worked on this project.
No one else spoke in support or in opposition.
The Speaker Request Form for Mr. Hill was received and filed.
Commissioner Maloy discussed with Mr. McCollum the length of the permit. He said after a year, the Board might want to review the ordinance and decide if they want to change it.
Chairman McLain asked Mr. Grace to note that a year from acceptance of the ordinance, the Board would like a review or briefing. Commissioner Morris said he also thinks a quarterly report should be done to see how many permits have been issued.
Commissioner Maloy said he thinks about 80% of these crossings could be eliminated. He suggested it would help if the trail could be redirected along Aloma to go in back of the property and along the Greenway. He thinks that is where the majority of the crossings would occur. Mr. McCollum stated some of the property owners have said they would like to talk with staff about that. They have conducted preliminary engineering in that area and have not precluded the route as suggested. They could take a look at that.
Mr. McCollum advised Commissioner Morris that staff would come back to the Board on a fee structure. He said he is not personally aware of any other jurisdictions in the country that have such an ordinance.
David Martin, Principal Engineer, addressed the Board to state that to the best of his knowledge, no jurisdiction has a trails protection ordinance like this one.
Motion by Commissioner Henley, seconded by Commissioner Maloy, to adopt the Trails Protection Ordinance #2002-3, as shown on page _______; as described in the proof of publication.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner Maloy stated following the afternoon meeting, a representative of one of the bench companies approached him. He wants to clarify that if there is no shelter at a bench site and a company has no plans to put in a shelter or bench, he is not opposed to having another company put in a bench or shelter, as long as it is properly done. He doesn’t want to scare off any potential shelter companies thinking the Board is going to be limited on shelter sites.
Chairman McLain stated if the County has identified 60 locations to put in bench shelters, he doesn’t want any companies jumping on that location saying there were none here and so they put a bench in.
DCM Sally Sherman stated staff would be happy to talk with companies that are interested, and staff would want to establish the locations and not have one person try to “jump the gun.”
Chairman McLain agreed the County needs to maintain control as far as the locations where they want to put in shelters and benches.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:33 p.m., this same date.
ATTEST _____________________ Clerk______________________Chairman
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