BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 28, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, January 28, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
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 Sandy McCann
The Invocation was given by Commissioner Carlton Henley.
County Attorney, Robert McMillan, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Chairman McLain welcomed the Executive Committee of the Local Authority Members Association (LAMA) from the Republic of Ireland who were in attendance at the meeting. He introduced Chancellor Michael Lawlor, Wicklow County Council.
Chancellor Michael Lawlor addressed the Board to state it is a great honor to be present in the BCC Chambers on this occasion. He expressed his appreciation to the Chairman and the BCC in allowing County staff to brief the LAMA on the different processes in the County. He especially thanked DCM Sally Sherman for her overview of the County and Seminole County Government. He stated the County’s hospitality has been
magnificent and the LAMA enjoyed the barbeque hosted by former Mayor Larry Dale and his wife. He again expressed his appreciation for the County’s willingness to share knowledge and expertise.
The following delegation members introduced themselves: Chancellor Michael Abbey/Carlow; Chancellor Francie Fitzsimons/Cavan; Chancellor Rainsford Hendy/Kildare; Chancellor Colm Wiley/Clare; Chancellor Cait Keane/South Dublin; Chancellor William Irland/Kilkenny; Chancellor Martin Brett/Kilkenny Corporation; Chancellor David McCarthy/Cork; Chancellor Seamus McDonald/Laois; Chancellor Sinead Guckian/Leitrim; Chancellor Kevin Sheahan/Limerick; Chancellor Michael Anglim/Tipperary South; Chancellor Willie McKenna/Monaghan; Chancellor John Carey/Waterford; Senator James Bannon/Longford; Chancellor Pat Hayes/Waterford Corporation; Chancellor Donal Lynch/Louth; Senator Camillus Glynn/Westmeath; Chancellor Frank Godfrey/Drogheda Corporation; Chancellor Leo Conlon/Sligo; Senator James Walsh/Wexford; Chancellor Al McDonnell/Mayo; Chancellor James McGarry/Sligo Corporation; Chancellor Fintan Coogan/Galway Corporation; Chancellor Thomas Gildea/Donegal; and Chancellor Michael J. Cosgrave/Fingal.
Commissioner Morris stated it has been a pleasure to see Mr. Lawlor and the members of the LAMA.
Commissioner Henley stated this is an impressive delegation and it appears the relationship with Wicklow County is spreading throughout Ireland. He added that he looks forward to sharing more information with the LAMA in the future.
Commissioner Van Der Weide said he has gone to Ireland and appreciate the friendliness and helpfulness of the people there.
Commissioner Maloy stated he appreciates all the members of LAMA being in attendance and hope they enjoy the rest of their stay.
The Irish delegation and the BCC exchanged gifts of friendship.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-20, as shown on page _______, proclaiming the month of February 2003 as “Library Appreciation Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Jane Peterson of Library Services, who addressed the Board to express her appreciation and to state the staff will continue to work very hard to provide the best possible library service to Seminole County citizens.
DCM Sally Sherman and Assistant County Attorney, Steve Lee, addressed the Board to advise the legislative session will begin March 4 and end May 2.
Ms. Sherman reviewed with the Board the draft bill (copy received & filed) offered by Representative Randy Johnson, which abolishes the Central Florida Regional Transportation Authority and MetroPlan of Orlando and creates the Central Florida Authority for Surface Transportation. She requested Board direction on proceeding with this bill.
Chairman McLain stated in speaking with Representative Johnson, he expressed that his concern was that Seminole County be responsibly represented on the new authority. Also, under the current make-up of the proposed authority, one of the cities would have to forfeit their seat. Because of that, Rep. Johnson indicated that he would consider increasing the Board membership.
Commissioner Maloy stated he believes these boards should be made up of elected representatives instead of appointees.
Commissioner Henley stated he is not that supportive of the proposed legislation because changing the numbers (representation) is not going to solve the problem. He said he believes this is a reaction for the news media story and he is not convinced that either organization (LYNX & MetroPlan) is broken. He added that he hates to see the Board rush into anything. He stated he believes this is a local regional issue and not a State issue.
Commissioner Morris stated in his opinion MetroPlan is not broken - it is working very well. He said LYNX is a separate isolated issue. He further said he believes the County should be an active participant in this process.
Commissioner Maloy stated it would be helpful to have all the different bills for review. He said he does not think changing the make-up of LYNX in order to try to correct its public image is going to accomplish anything. However, he said he is intrigued by the proposed bill because it is trying to combine the delivery of transportation.
Commissioner Van Der Weide stated the issue with the commuter rail and light rail is the lack of dedicated funding. The dedicated funding for rail will only come with help from the State.
Chairman McLain directed staff to provide copies of all the proposed bills to the Board; and to evaluate them before coming back to the Board at the next meeting.
Upon inquiry by the Chairman, Ms. Sherman advised that the Seminole County Legislative Day in Tallahassee is scheduled for February 19, 2003. She further advised that the School Board and Cities, along with SCC will be included on this trip to Tallahassee. Chairman McLain stated he believes it is important to have a concise agenda for presentation on that day. Mr. Grace advised that staff is working on organizing this trip.
Attorney Lee reported that the Florida Association of Counties Legislative Day is scheduled on March 26, 2003.
Mr. Grace distributed a list containing impacts of the Governor’s Budget (copy was received & filed). He said these impacts are substantial and staff is working to determine the exact amounts.
Commissioner Henley stated that with the economy the way it is, he believes the Board should be briefed frequently on where the County is financially. Whereupon, Mr. Grace said he plans on doing that.
Chairman McLain advised Item #6, Bellsouth Telecommunications Agreement, has been pulled from the agenda and will be brought back to the Board at their next meeting.
Upon inquiry by the Chairman, it was the Board’s consensus for staff to notify interested parties that Item #44, Small Scale Plan Amendment for the Fossitt Business Park, will be continued until February 11, 2003 at 7:00 p.m.
Commissioner Maloy requested Item #30, X-treme Challenge Adventure Race Agreement be pulled for a separate vote.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve and authorize the following:
10. BCR #03-20 - $17,422 – Information Technologies – Information Services – Funds: 00100 – General Fund/10400 – Development Review Fund. Adjustment to transfer funds from Information Services to Planning and Development for radio modems that can be leased, as County policy has changed.
11. BCR #03-27 - $15,000 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund. Additional funds are needed at Kewannee Park to install solar lighting in the restrooms ($5,000) and for a boardwalk extension ($10,000).
12. Adopt appropriate Budget Amendment Resolution #2003-R-21, as shown on page _______, in the amount of $2,134 – Planning & Development: 11902 - Home Program Grant Fund. To increase the budget for the receipt of HOME Program Grant funds for FY 00/01.
14. Approve Change Order #1, as shown on page _______, to FC-1156-01/BJC – C.R. 427 – Phase I (from S.R. 436 to North Street), with Southland Construction, Inc., Apopka ($221,518.38) (Time Extension).
15. Approve Change Order #5, as shown on page _______, to FC-1125-00/BJC – Markham Woods Road/Douglas Avenue Project, with Ryan Inc., Eastern, Winter Garden ($12,144.90) (Time Extension).
16. Approve the Second (Final) Renewal to FC-1139-00/BJC – Continuing Construction Services for Public Works Minor Construction Projects with an estimated cost less than $500,000.00, with Central Florida Environmental Corporation, Longwood; C.A. Meyer Paving & Construction Company, Orlando and JCB Construction, Orlando (February 7, 2003 through February 6, 2004) (Not-to-Exceed $2,500,000.00/year/contractor).
17. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1178-02/BJC – Indian Hills Water Treatment Plant Sodium Hypochlorite Feed System, to McMahan Construction Co., Inc., DeLand.
18. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1173-01/BJC – Midway Paving and Drainage Improvements – Phase II, with White’s Site Development, Inc., Sanford.
19. Approve Amendment #1, as shown on page _______, to PS-527-98/BJC – Construction Engineering and Inspection Services for C.R. 427 – Phase I, with Earth Tech Consulting Inc., Orlando ($64,758.49).
20. Approve Sole Source Procurement and award M-353-03/BJC Contract, as shown on page _______, Mobile Data Project, to Advanced Concepts, Inc., Washington, D.C. (Not-to-Exceed $49,000.00).
21. Approve and authorize Chairman to execute the Flood Mitigation Assistance Grant (FMA), as shown on page _______, from the State Assistance Office for the National Flood Insurance and Flood Mitigation Assistance Program in the amount of $145,725.00; and associated Contract, as shown on page _______, between Seminole County and the FMA Grant recipient (Alan A. & Irene Wright).
22. Approve Option Agreement, as shown on page _______; and authorize staff to proceed with due diligence and purchase of the Overstreet property for a price not to exceed $15,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board briefly discussed Item #30, Allen Enterprises of Central Florida, Inc. (X-treme Challenge Adventure Race Agreement).
Commissioner Henley stated that his only problem with this agreement is that it requires the company itself to verify the number of hotel rooms used. He said he would like some way for the County to verify those numbers.
Ms. Sherman stated it is her understanding that the County does verify those numbers.
Upon inquiry by Commissioner Morris, Mr. Grace advised the deadline for applications for the Tourism Director position is February 12, 2003.
Commissioner Maloy stated this appears to have high administrative costs. He said he would be more comfortable with funding $5,000 instead of the requested $25,000.
Ms. Sherman advised that this money is for five events.
Motion by Commissioner Maloy to approve Agreement between Seminole County and Allen Enterprises of Central Florida, Inc., for the X-treme Challenge Adventure Race in the amount of $5,000.
The Chairman called for a second to the motion three times without response, whereupon, the motion died for the lack of a second.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the Chairman to execute Agreement, as shown on page _______, between Seminole County and Allen Enterprises of Central Florida, Inc., for the X-treme Challenge Adventure Race in the amount of $25,000.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated January 7 & 14, 2003; and Payroll Approval List, as shown on page _______, dated January 2, 2003.
2. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Kim Leigh Barnes, Case #01-4501-CFA - $158
Daniel Edwards, Case #98-4031-CFA - $368 Court Costs and Public Defender Application Fee
William Troy Herman, Case #93-3346-CFA - $253
James Stringer, Case #00-11243-MMA - $238 Court Costs and Public Defender Application Fee
Ryan Patrick Went, Case #01-946-CFA - $368 Court Costs and Application of Indigency Fee
3. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Omar Acevedo, Case #99005785MM - $200
Omar Acevedo, Case #01002532MM - $250
Robert Boatwright, Case #01012003MM - $250
Kevin C. Bullock, Case #02004816MM - $265
Dennis Carle, Case #01013317MM - $250
Edward Emerich, Case #02008433MM - $260
Robert S. Friday, Case #02009698MM - $100
Charles Wallace Hall, Case #97001295MM - $200
John Hebert, Case #96002114CFA - $350
Willard M. Jones, Case #02007998MM - $200
Michael Maniscalco, Case #P841646CFA - $350
Brenda Marcano, Case #00001699CJA - $100
Adrian L. Martinez, Case #02005764MM - $50
Amanda Morris, Case #97001121CFA - $200
James R. Redifer, Case #02000169MM - $250
Deborah Ann Russell, Case #97002049CFA - $350
Brian Lee Vannatter, Case #92003231CFA - $350
Nathan Wilson, Case #01001951MM - $260
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received & filed”:
1. Memoranda from Kevin Grace, County Manager, to BCC re: Capital Project Fund Transfers for the following: Natural Lands/Trails in the amount of $250,000; Natural Lands/Bond in the amount of $466,010; Montgomery Road in the amount of $100,000; Dodd Road in the amount of $100,000; and SR 46 at Orange Blvd. in the amount of $25,000.
2. Letter from Mark DeBord, City of Altamonte Springs Finance Director, to Rob Frank, Deputy County Manager, submitting copies of the City Ordinance and Resolution relating to including the City in the County’s Fire MSTU.
3. Private Maintenance Agreement/Letter of Credit, as shown on page _______, in the amount of $48,589.26 relative to Preserve at Astor Farms, Phase 2.
4. Letter to David Butler, Department of Revenue, from Sandy McCann, Deputy Clerk, Clerk of Circuit Court, forwarding a certified copy of the Notice of Tax Impact of the 2002 Value Adjustment Board.
5. Proof of Publication and Notice of Tax Impact, as shown on page _______, of the 2002 Value Adjustment Board.
6. Work Order #1, as shown on page _______, to PS-5127-02.
7. Work Order #13, as shown on page _______ to PS-574-00.
8. Fourth Amendment to PS-571-00, as shown on page _______, Engineering Services Conceptual Feasibility Study Agreement.
9. Change Order #1, as shown on page _______, to FC-1176-02.
10. Third Amendment to PS-576-00, as shown on page _______, Engineering Services Master Agreement.
11. Work Order #3, as shown on page _______, to PS-576-00.
12. Work Order #4, as shown on page _______, to PS-583-01.
13. Work Order #2, as shown on page _______, to PS-597-01.
14. M-347-02 Appraisal Services Agreement, as shown on page _______, Clayton, Roper & Marshall, Inc.
15. Mutual Termination of Auditor Services Agreement, as shown on page _______, RFP-496-01.
16. Work Order #38, as shown on page _______, to PS-556-00.
17. Work Order #53, as shown on page _______, to FC-1139-00.
18. Twenty-Third Amendment to RFP-413-97, as shown on page ________, A1A Cleaning Services.
19. M-343-02 Consultant Services Agreement, as shown on page ________, Connect Consulting, Inc.
20. First Amendment, as shown on page _______, to Work Order #38 to FC-1139-00.
21. First Amendment, as shown on page _______, to Work Order #25 to PS-522-98.
22. Third Amendment, as shown on page _______, to Work Order #26 to PS-522-98.
23. Work Order #59, as shown on page _______ to PS-532-98.
24. M-341-02 Actuarial Services Agreement, as shown on page ________, KPMG LLP.
25. Certificate of No Recall, as shown on page _______, for Collins & Collins Partnership, dba CCC Racing.
26. Ordinance #2002-20, as shown on page _______, relating to Wekiva River Protection Area, as adopted by the BCC on April 23, 2002.
27. Ordinance #2002-21, as shown on page ________, relating to Outdoor Lighting Standards, as adopted by the BCC on April 23, 2002.
28. Development Orders, as shown on page ______, as follows: #02-30000096, Raquel Morales variances; #1-20500005 Henry Pruitt (South Tuskawilla Rezone); #02-32000017 Pontillo (O’Brien Road) Special Exception; #02-3000143 Stanley Variance; #02-30000135 Dale Special Exception; #02-30000120 Johnson Variance; #02-30000121 Lennar Homes Variance; #02-30000137 Bivona Variance; #02-30000139 Ikegami Variance; #2-32000015 Arp Special Exception; #02-32000012 Bear Lake Bible Chapel Special Exception; Jorgensen Variance; Dudash Variance; #02-30000116 Ramler Variance; #02-30000119 Webb Variance; and #02-06000109 WalMart Stores Site Plan approval.
29. Center for Affordable Housing/Jute Housing Home Program Agreement, as shown on page _______, as approved by the BCC on September 10, 2002.
30. Memorandum to Linda Eiland, Administrative Services, from Henry Brown, Assistant County Attorney, relating to Payment of Direct Pay Request Callin v. Seminole County.
31. Maintenance Bond, as shown on page _______, in the amount of $11,015 for the project known as Magnolia Plantation Phase 4B.
32. Performance Bond, as shown on page _______, in the amount of $66,616 for the project known as Sturbridge Oaks Subdivision.
33. Maintenance Bond, as shown on page _______, in the amount of $19,590.84 for the project known as Bear Gully Forest.
34. Cancellation Notice, as shown on page _______, from Travelers Insurance relating to TCI TKR of Central Florida Bond #U2154398.
35. Bids as follows: A/B-3058-02; IFB-3062-02; IFB-3063-02; and PS-5135-02.
The Board, thereupon, recessed at 10:22 a.m., reconvening at 10:38 a.m., with all Commissioners and all other Officials who were present at the Opening Session.
Meloney Lung, Support Services, addressed the Board to present request for sale of the Florida Power & Light parcel to the City of Sanford for $240,000. She advised that with some minor changes to the purchase agreement, the City Commission approved the purchase last night.
Upon inquiry by Commissioner Van Der Weide, Ms. Lung advised that she believes all the problems discussed yesterday have been resolved.
City of Sanford Manager, Tony VanDerworp, addressed the Board to advise this will be a cash purchase. The minor change in the agreement is that there will be 120 days to close rather than 30 days.
Commissioner Henley stated he supports the City in what they are trying to do to revitalize downtown. However, the County paid $290,000 for the property 7 years ago and paid $25,000 to have the building removed from the property. He said it concerns him that the Board is willing to turn the property over to the City for $240,000 and that the City will turn around and sell it to a private party. He said he wants to make sure that if there is any windfall when the City turns it over, that it be rebated to the County and not to the City. He further said he would like to add that stipulation to the agreement.
Chairman McLain pointed out that when the County purchased the property, they had a plan to expand the Courthouse and it was a parcel needed for that purpose.
Mr. VanDerworp advised this is an incentive project and the City will not be making a profit on the property.
Commissioner Morris concurred with comments made by Commissioner Henley.
Mr. VanDerworp stated he has no problem with adding the stipulation recommended by Commissioner Henley to the agreement.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve sale of Parcel #25-19-30-5AG-1N05-0060 (Florida Power & Light parcel) for $240,000 to the City of Sanford; and authorize the Chairman to execute all documents, as shown on page ________, related to the sale, including the Purchase & Sale Agreement, as amended, including a clause that if the property is sold for more than $240,000 by the City, that the excess funds would come back to the County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Senior Planner, Kathy Fall, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for Gassey Jack’s, located on the southwest corner of SR 46 and Elder Road. She advised the applicant is revising the Myers commercial and Office Park Master Plan in order to develop a restaurant consisting of 80,810 square feet of building area. The site is approximately 3.61 acres and is designated as High Intensity Planned Development/Target Industry land use. She further advised staff is recommending approval of the plan revision.
District Commissioner McLain recommended approval.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve revision to the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for Gassey Jack’s, located on the southwest corner of SR 46 and Elder Road, based on staff findings, Michael Myers.
Districts 1, 2, 3, 4 and 5 voted AYE.
DCM, Sally Sherman, presented the Convention Center Owner’s Representative Services Agreement with Cumming McGilivray, LLC, for Board consideration. She pointed out that beginning in February 2003, the County will begin paying an allotment of $16,000 per month.
Commissioner Van Der Weide stated that the County starts paying the $16,000 next month, but at this point does not know how the money for the parking garage construction will be secured. He questioned what the owner’s representative will be doing until this is worked out.
Director of Administrative Services, Jamie Croteau, addressed the Board to advise the City of Sanford is in the process of seeking grants for the parking garage and will not know whether they will receive them until the end of this year. Discussion ensued.
Commissioner Van Der Weide stated his support of the convention center has not wavered; but he believes the owner’s representative should be put on hold until the money is secured for the parking garage.
Upon inquiry by Chairman McLain, Ms. Croteau advised it was staff’s idea to have the owner’s representative on board in order to help with negotiations with the architect.
The Chairman suggested continuing this item until the next Board meeting in order for staff to meet individually with each Commissioner to discuss this issue.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to continue until the next Board meeting consideration of the Convention Center Owner’s Representative Services Agreement pending receipt of additional information, and to direct staff to meet with each Commissioner prior to that meeting.
Under discussion, Commissioner Morris stated he believes they need to keep the architect process moving.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman advised it is the Board’s consensus to keep the architect process moving forward.
COUNTY MANAGER’S BRIEFING
Mike Wittmer, Animal Control, addressed the Board to give a PowerPoint presentation outlining the current information on Animal Services Division’s activities and future program opportunities (copies of slides were received & filed). He reviewed the following: Division’s mission; protection of public interests; Rabies prevention; shelter stray and unwanted animals; dangerous domestic and wild animals; community education/outreach; customer service; and operating budget. He also discussed the control and reduction of pet over-population and the number of animals euthanized each year. He presented the possibility of having an on-site spay/neuter clinic, which will ensure that all animals adopted are sterilized prior to adoption and could offer discounted sterilization to low-income residents. He outlined the projected costs of new construction for the proposed clinic versus having a prefab or trailer clinic and the alternative funding for same. He also suggested that the wildlife trapping services be reduced because private companies are already providing the service.
Commissioner Van Der Weide stated he would like staff to do an outreach program in order to enlist volunteers in this area.
Mr. Wittmer stated one of staff’s concerns with having volunteers is the liability of them getting hurt. Whereupon, Commissioner Morris stated liability waivers can be signed.
Commissioner Morris said he believes the staff does an excellent job with the budget they have. However, he believes the County should be more aggressive in dealing with some of the issues; and in this case, it is an issue of personnel and money.
Chairman McLain proposed that staff, between now and the budget workshops, come up with an action plan with options. He stated that he believes the volunteer effort can be brought back to the Board earlier. He said if substantial changes are going to be made, he feels they should be done during budget deliberations.
Mr. Grace agreed with the Chairman, stating considering this during budget would enable the Board to decide where these changes rank with other priorities.
Commissioner Maloy stated he would also be interested in seeing what the changes would cost with contracting the service out.
The Chairman urged staff to work with some of the non-profit groups.
Commissioner Henley recommended staff aggressively pursue any potential grants available. He also suggested establishing a task force consisting of the veterinarian community and volunteer groups to come back to the Board with recommendations.
Chairman McLain stated he believes the wildlife trapping program should be shut down.
Mr. Grace stated staff can include the trapping program into the entire review.
County Engineer, Jerry McCollum, addressed the Board to advise FDOT has retained the consulting services of Post Buckley Schuh & Jernigan to perform the PD&E for the SR 15/600 (Hwy. 17-92) State Road 436 Interchange. He introduced Luis Diaz of Post Buckley Schuh & Jernigan to give an update on the project.
Luis Diaz addressed the Board to advise the purpose of the study is to evaluate alternatives for improving the intersection. He said currently the intersection is maxed out. He reviewed the project schedule, advising until March 2003, they will be completing the data collection and evaluation of alternatives. He further advised he will be coming back to the Board in the spring and will be conducting public workshops during the latter part of April.
The Chairman thanked Mr. Diaz for his presentation.
The Chairman, thereupon, recessed the meeting at 11:34 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioners Maloy and Morris entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize filing of the proofs of publication for this meeting's scheduled public hearings.
Districts 3, 4 and 5 voted AYE.
Commissioner Maloy entered the meeting at this time.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon the east four feet of the 16-foot alleyway for Radio Avenue located south of CR 427 and west of Radio Avenue, (intersection of Radio Avenue and Lillie Street) George Clark, received and filed.
John Thomson, Development Review, addressed the Board to present the request as outlined in the agenda memorandum. He displayed and reviewed a survey showing in yellow the alley that is not being used for access. He stated staff recommends approval of the vacate.
Upon inquiry by Commissioner Maloy, Mr. Thomson advised that Radio Avenue is not being vacated, but the request is to vacate the alley.
George Clark, applicant, addressed the Board to advise he has no comments at this time.
No one spoke in support or in opposition.
District Commissioner McLain recommended approval of the request with staff recommendations.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-25, as shown on page ________, vacating and abandoning the east four feet of the 16-foot alleyway for Radio Avenue located south of CR 427 and west of Radio Avenue, (intersection of Radio Avenue and Lillie Street), as described in the proof of publication, George Clark.
Districts 1, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon 4.5 feet of a 7.5 foot platted drainage and utility easement located on the west side of Lot 60, Stillwater Phase 2, at 3084 Harbor Lake Court, Raquel and Angel Morales, received and filed.
Denny Gibbs, Development Review, addressed the Board to present the request as outlined in the agenda memorandum. She stated the applicant is requesting the vacate for the placement of a 10’ x 10’ shed. She said the applicable utility companies have no objections to the request. Staff recommends approval of the vacate.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-26, as shown on page _______, vacating and abandoning 4.5 feet of a 7.5 foot platted drainage and utility easement located on the west side of Lot 60, Stillwater Phase 2, at 3084 Harbor Lake Court, as described in the proof of publication, Raquel and Angel Morales.
Districts 1, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to approve a two-year time extension for the 20-acre expansion of the Club II Borrow Pit located at the northwest corner of SR 46 and Brisson Avenue, Bishop and Buttrey, Inc., received and filed.
Jean Abi-Aoun, Development Review, addressed the Board to state the applicant is requesting approval for a two-year time extension for the 20-acre expansion of the Club II Borrow Pit. He reviewed the background of the borrow pit. He stated Bishop & Buttrey requested, on August 28, 2001, a reduction of the approved 50 ft. setback to zero feet along the Rosalind Park neighborhood. The Board denied that request and instructed the applicate to repair a portion of the fence along the Rosalind Park Subdivision. Staff has inspected the fence and the applicant has repaired it to staff’s satisfaction. The Department of Environmental Protection (DEP) approved their permit to July 7, 2005. He said staff recommends approval of the requested two-year extension subject to the following: (1) Operating hours to be between hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday for the life of the permit; (2) Renew the existing $240,000 performance bond and the $150,000 reclamation bond accordingly; (3) Haul route to be east and west on SR 46. No trucks to use Brisson Avenue or Celery Avenue except for delivery to projects on or accessed from those streets; (4) Provide water truck on-site or central irrigation system for erosion control; and (5) Dewatering discharge shall be maintained within the proposed rim ditches within the site.
Ed Chesnia (phonetic), Engineer, representing the applicant, addressed the Board to state he concurs with staff’s recommendations.
Chairman McLain stated he has some concerns about the security of the fence along Brisson Avenue and he would like to see that improved.
Mr. Chesnia advised he believes the Brisson Avenue fence has been corrected and staff has checked it out.
Mr. Abi-Aoun advised that has been corrected.
Commissioner Henley asked if the applicant would be able to complete the borrow pit during this time and not ask for another extension.
Mr. Chesnia stated he realizes that the pit has been there for some time and he is working to get out of there and do not see themselves being there in the next two years. He stated he is only working in the southern portion of the 20 acres. He said most of the reclamation is done and it is about 80% complete.
Upon inquiry by Commissioner Henley, Mr. Chesnia advised if he doesn’t get approval, it would take at least 6 months or more to complete the reclamation.
Rev. Emory Blake, 2530 Crawford Dr., addressed the Board to state he is here on behalf of the Midway community. He stated when the borrow pit request was first presented to them, they were assured it would be beneficial to the Midway community and things would be done in a timely period.
Commissioner Morris entered the meeting at this time.
Mr. Blake stated he lives in that area and if the applicant endured what the residents have endured throughout the years, they would see their sentiments. The residents have put up with the traffic and the dust of this borrow pit. It is an eyesore to the residents. He stated the extension does not satisfy the residents in terms of the promises that were made to them. The residents accepted the past extensions but refuse to accept this extension.
Emory Green, 2181 Brisson Ave., addressed the Board to state he has businesses in the area and he cannot do any repairs to them because of the dust caused by the trucks. He stated he would like to get some relief to close this pit down. He said he has complained to the County relative to this pit and the borrow pit owner has corrected some of the problems. He added he would appreciate it if he can continue to live a wholesome life.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon inquiry by Chairman McLain, Mr. Chesnia advised he has been involved in this pit for two years. He stated commitments have been made to alleviate any problems. He indicated on the aerial map what area they are working on.
Upon further inquiry by Chairman McLain, Mr. Chesnia advised he can commit to starting the reclamation on Brisson Avenue first. If he is approved for a time extension, the reclamation would be the final grading at the top of Brisson and he can commit to the Brisson Avenue right-of-way with trees and sod. He stated an existing hog fence is there now and there are a couple of bald spots that will be filled in. A vegetation barrier will go there as well.
Upon inquiry by Commissioner Maloy, Mr. Chesnia advised he could do some kind of silk fence just to cut down the dust. He stated he can commit to starting on the east and work their way west. A dense strand of trees buffers the areas to the west.
Upon inquiry by Chairman McLain, Mr. Abi-Aoun advised he believes staff can work with the applicant on having some vegetation done on the east side of Brisson Avenue. He stated he understands that the water table is low and maybe some planting can be done where the disturbed area has been cleared. The DEP permit expires July 7, 2005 and this extension will push them to December 2004. The two-year extension would terminate prior to the DEP permit.
Chairman McLain stated if this request is approved, he would not expect the applicant to obtain another extension. He said he would hope the applicant would be able to complete this project prior to the two-year period.
Mr. Chesnia stated he is asking for a two-year period and the last six months will just be for restoration.
Upon inquiry by Commissioner Henley, Mr. Chesnia advised approximately 500,000 cubic yards of the 800,000 have been excavated. He stated he feels he can get rid of the rest of the dirt within a year or 1½ years.
Commissioner Henley stated he feels that weeds would grow up along the hog wire fence and he would support shrubs instead and placing a screen along there as well.
District Commissioner McLain stated he would recommend approving the request but limiting it to one year and have staff to bring the request back within the one year if it is not completed. He said he would like to see the landscaping done on Brisson Avenue as soon as possible. Staff can come back with a recommendation on what type of fencing would be appropriate based on what was done on other borrow pits.
Upon inquiry by Commissioner Van Der Weide, Mr. Chesnia advised water is in the pit and they are actively dewatering. He stated electrical power is provided and they are using diesel pumps.
Commissioner Van Der Weide stated he would suggest using some of the water out of the pit for irrigation and to keep the dust down as well.
Upon inquiry by Commissioner Morris, Mr. Chesnia advised 20-yard trucks are being used, but they are carrying 18 yards of dirt. He stated they are actively bidding jobs for hauling as they want to get out of this area as soon as possible. He said he is not coming back to the Board for another extension. All they need is time to reclaim the site.
Chairman McLain stated if the Board extends the permit for one year, he would not object if it took another 6 to 8 months. That will give the County an opportunity to keep an eye on the project, but they will have to report to the Board to make sure they are staying on track. He stated he has not received any complaints in his office and he would encourage anyone calling him if the commitments do not take place.
Dick McCall, Bishop & Buttrey, addressed the Board to advise there is no electricity onsite.
Don Fisher, Planning & Development Director, addressed the Board to state if the Board requires the applicant to do reclamation on the site, staff would recommend the northwest side of the property be done as well. Staff has received calls relative to that property line.
A Petition, as shown on page ________, from the Midway Community was submitted into the Record.
District Commissioner McLain recommended granting a one-year extension and to bring this back for review at that time; that immediate restoration to begin on Brisson Avenue and on the northwest quadrant along the residential; staff to come back with a buffering plan to be completed; the applicant and staff to work on the fencing issue; and with staff recommendations.
Upon inquiry by Mr. Abi-Aoun, Chairman McLain advised staff can look at what was done on other borrow pit areas relative to fencing. He stated he would be in favor of an appropriate chain-link fence.
Chairman McLain stated he would like the recommendation done within 30 days.
Commissioner Henley stated if these conditions are met, the Board is not going to be extending this to any period beyond that. He stated since they do not have power on the site, he would like to know where they will be getting the equipment to run the sprinklers.
Chairman McLain stated there is power on Brisson Avenue and they can obtain it from there.
Mr. Chesnia advised they could water the landscape from a water truck.
Upon inquiry by Commissioner Henley, Chairman McLain advised if the applicant needs another 6 or 8 months, the Board could consider that when it comes back in a year.
Upon inquiry by Commissioner Morris, Mr. Chesnia advised they are at the mercy of the Expressway’s schedule and there will be days they will not be hauling at all. He stated reclamation will be going on at that time.
Commissioner Van Der Weide stated he would like to make sure that the buffer and landscaping is kept alive, therefore, he would think that needs to be hooked up to power so the dust can be controlled.
At the request of Chairman McLain, Mr. Abi-Aoun reiterated his recommendations as follows: Approve a one-year extension and within that time the applicant must complete the restoration along Brisson Avenue in the first 6 months; installation of a new fence; within the first 30 days, staff will bring back to the Board the type of buffering allowed on Brisson Avenue and along the northwest side of the borrow pit with a recommendation of a fence; and with staff recommendations. He stated for irrigation purposes, an irrigation system will be installed.
Mr. Chesnia stated he could devise a sprinkler system to work with the dewatering operation and that would not require electricity. He will commit to alleviating the dust problem as well.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve a one-year time extension for the 20-acre expansion of the Club II Borrow Pit located at the northwest corner of SR 46 and Brisson Avenue, as described in the proof of publication, Bishop and Buttrey, Inc., subject to conditions previously outlined by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain informed the applicant that failure to perform under the conditions outlined, additional digging will be terminated.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone (The Sanctuary at Lake Ann) from A-1 (Agriculture) to R-1A (Single Family Dwelling); property described as approximately 3.19 acres located on the north side of Howell Branch Road, approximately 500 ft. east of the intersection of Howell Branch Road and Lake Ann Lane, Robert A. Goll, Regol Associates, Inc., received and filed.
Earnest McDonald, Planning, addressed the Board to state if the site is rezoned to R-1A, the applicant intends to develop the site for an 8-lot subdivision. He reviewed the future land use designation and zoning of the surrounding properties. He stated staff has determined that the requested R-1A is compatible. The Planning & Zoning (P&Z) Commission recommended approval of the request.
Commissioner Maloy stated he received a lot of phone calls from the residents and the developer on this issue.
Mr. McDonald explained for Commissioner Maloy why staff changed their minds on their original opposition of the R-1A rezone.
Robert Goll, applicant, addressed the Board to state there has been a question by one or more residents relating to the spring on the property that may be of concern to the development of the property. Soil reports were done on the property and the soils are excellent for development. He stated his engineers have been on the property and they have not seen a spring, therefore, this issue will be addressed during development. Any stormwater management concerns will be considered by staff and the Water Management District. He said he agrees with staff recommendations.
Upon inquiry by Commissioner Maloy, Mr. Goll advised the price of the homes will range between $400,000 to $600,000. The minimum lot size will be 11,000 sq. ft. and will range up to 17,000 to 18,000 sq. ft. The project is meant to be a very passive recreation area. The project is not intended to be a gated community but he has not made that final decision yet.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2003-2, as shown on page _______, rezoning property to R-1A (Single Family Dwelling); property described as approximately 3.19 acres located on the north side of Howell Branch Road, approximately 500 ft. east of the intersection of Howell Branch Road and Lake Ann Lane, as described in the proof of publication, Robert A. Goll, Regol Associates, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain recommended adopting a Resolution commending Whitey Eckstein for his services on the Seminole County Expressway Authority.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-34, as shown on page ________, commending Whitey Eckstein for his services on the Seminole County Expressway Authority.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain stated the Department of Environmental Protection Agency has asked him to participate in the Katie’s Landing Advisory Group meeting on February 13, 2002. The Board voiced no objections.
Chairman McLain stated he has appointed Commissioner Morris as an urban caucus member to the Florida Association of Counties.
Chairman McLain informed the Board of the Florida Association of Counties annual conference that will be held in Orlando on June 18-20, 2003 at Sea World.
Chairman McLain stated that City Commissioner Bob Dallari has been appointed as an interim CALNO representative to the Tourist Development Council.
Commissioner Van Der Weide stated he believes there was a split recommendation from CALNO.
Commissioner Maloy clarified that the CALNO motion was to appoint Mr. Dallari to serve until March 31, 2003; and after that period, Commissioner Steve Wolfram would be the CALNO appointee.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint Bob Dallari to the Tourist Development Council for a period up to March 31, 2003; and to allow Mr. Wolfram to assume that position effective April 1, 2003.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Maloy to reappoint the following:
James Gamble – Building Contractors Board for a period of one year
Duane H. Pitts – Electrical Contractors Board for a period of one year
Robert Dello Russo – Mechanical Contractors Board for a period of one year, and
Lee Voorhees – Well Drillers Board for a period of one year
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide stated there are areas in his district that homeowners associations would like to be reimbursed for the money they have spent on median and rights-of-way maintenance. He stated there is a problem with the County’s distance requirement and he feels flexibility is needed in that program to waiver it. He said he feels the Board needs to readdress the level of maintenance in some of the areas.
Mr. Grace stated the County has applied the policies that the Board adopted and the best thing to do is get with whatever subdivisions Commissioner Van Der Weide is talking about and see if they comply with the standards, and to see if there is something else they can come up with and report back to the Board.
Commissioner Van Der Weide stated he would like to see the Board address these issues before the growing season starts.
Chairman McLain recommended that staff bring this back within the next 60 days.
Commissioner Henley stated he would like to know if any of these will have an impact on the current budget. He stated it is easy to reimburse the subdivisions, but if they have not budgeted it properly then that leads to other decisions and he would appreciate bringing that back as well.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve the following:
Adopt appropriate Resolution #2003-R-27, as shown on page ________, commending Gertrude Lukas for her services on the Agriculture Advisory Board
Appoint Sidney Miller, Jr. to the Natural Lands Committee for a 2-year term ending January 1, 2005
Reappoint Bob Herring to the Electrical Contractors Board for a one-year term ending January 1, 2004
Reappoint Bill Lang to the Mechanical Contractors Board for a one-year term ending January 1, 2004
Reappoint Paul Honeycutt to the Plumbing Contractors Board for a one-year term ending January 1, 2004
Reappoint Skip West to the Swimming Pool Board for a one-year term ending January 1, 2004
Appoint Chuck Mitchell to the Building Contractors Board for a one-year term ending January 1, 2004
Appoint Robert Bowden to the Well Drillers Board for a one-year term ending January 1, 2004,
Adopt appropriate Resolution #2003-R-28, as shown on page _______, commending Ken Watkins for his services to the Building Contractors Board, and
Adopt appropriate Resolution #2003-R-29, as shown on page ________, commending David Allen for his services to the Well Drillers Board
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley stated he was prepared to give the Board a comprehensive report on Lynx. He stated he will not take the time to explain it, but will see that each member receive copies of it. He said he feels the Board should be able to talk intelligently about the problems that have to be solved. There were a number of problems that led to some of the budget deficits that were not under their control. He added he will let the Board know of the staff changes that are forthcoming.
Chairman McLain stated he is looking forward to seeing that.
Commissioner Henley stated the one thing that is being done is the advisory committees are being realigned to provide better oversight to the budget expenditures.
Chairman McLain presented his appointments/reappointments to the Historical Commission, Parks & Recreation Board, and the Trade Boards.
Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint/reappoint the following:
John Bistline – Historical Commission, effective 1/28/03 to 1/1/05
Gary Monsees & Brian Volk – Parks & Recreation Board, effective 1/28/03 to 1/1/04
Bob VonHerbulis – Building Contractors Board effective 1/28/03 to 1/1/04, and
Mike Holland – Swimming Pool Board, effective 1/28/03 to 1/1/04
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Maloy stated the canoe people are trying to reestablish the canoe launch at SR 419. He stated he has been receiving e-mail from several people relative to this and the Board may receive some as well.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the following appointments:
Appoint Larry Fairbrother to the Historical Commission for a 2-year term ending 1-1-05; adopt appropriate Resolution #2003-R-30, as shown on page _______, commending Gertrude Lukas for her services on said Board.
Reappoint Jane Dees (rotating appointment) to the Library Advisory Board for a 2-year term ending 1-1-05
Reappoint Bill Daniel to the Parks & Recreation Advisory Board for a 1-year term ending 1-1-04
Reappoint Bill Miller to the Building Contractors Board for a 1-year term ending 1-1-04
Reappoint Gene Simpson to the Electrical Contractors Board for a 1-year term ending 1-1-04
Reappoint Dan Shaw to the Plumbing Examiners Board for a 1-year term ending 1-1-04, and
Adopt appropriate Resolution #2003-R-31, as shown on page ________, commending Larry Fairbrother for his services to the Mechanical Contractors Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide left the meeting at this time.
Commissioner Maloy stated he attended the UCF Board of Directors meeting in which they adopted their master plan. He stated staff has been trying to work on an Interlocal agreement with UCF. UCF does have a desire to do redevelopment on campus and the Board may receive calls relative to complaints about the master plan.
Commissioner Maloy stated he would like to commend Commissioner Henley for putting pressure on EDC for more private funding. He stated he received a report based on Commissioner Henley’s input relative to the Seminole County development projects showing who has or has not contributed to the EDC. He said they indicated that they will be using this as a marketing tool and will be contacting them.
Commissioner Maloy stated he attended the United Arts meeting and they were encouraging all Board members to become members so they can have 100% membership. He stated the Arts is trying to find more private donors.
The following Communications and/or Reports were “received and filed”:
1. Memorandum dated 1/3/03 (with attachment) to BCC from Chairman McLain re: 2003 Liaison Committee Assignments.
2. Letter (undated) to Chairman McLain from Larry Dale, Orlando Sanford Airport, re: East Lake Mary Blvd. and sharing of costs of FP&L underground power lines and request to bring item to BCC at 1/14/03 BCC meeting.
3. Copy of letter dated 1/10/03 to Support Services Staff from Joe Gasparini, Parks & Recreation Manager, re: monetary donation for tree planting in memory of Earl L. McKenzie.
4. Letter dated 1/10/03 to BCC from Sid Vihlen, Jr. re: Solid Waste & Recycling contract services and performance.
5. Copy of letter dated 1/13/03 to Bob and Carol Schmeltzer from Joe Gasparini, Parks & Recreation Manager, re: monetary donation for tree planting in memory of Elsie Arrigo.
6. Copies of letters dated 1/10/03 from Jane Peterson, Library Services Manager, re: monetary donations to the County Public Library System to: Daria Vallario in memory of Cecil H. “Dutch” Derner; The Kahky Family in memory of Henrietta J. Grossman; Seymour and Peggy Benson in memory of Henrietta “Penny” Grossman; and Helaine Slakman in memory of Henrietta “Penny” Grossman.
7. Notice of 1/21/03 US 17-92 Redevelopment Planning Agency meeting.
8. Copy of letter dated 1/10/03 to Randall C. Morris, Seminole County Expressway Authority (SCEA) Chairman, from Gary Brender, CALNO Chairman, recommending Art Woodruff, City of Sanford, for appointment to the SCEA.
9. Memorandum dated 1/15/03 to Submissions from Fran Sullivan, Tourism Development, re: approved 1/9/03 Tourist Development Council minutes.
10. Notice dated 1/14/03 (with attachments) re: City of Sanford Ordinance #3770-Annexation of property between Iowa Ave./Narcissus Ave. and Old Monroe Rd./CR 15. (cc: Planning & Development Director, Planning Manager, Elections Supervisor)
11. Copies of letters dated 1/15/03 from Jane Peterson, Library Services Manager, re: monetary donations to the County Public Library System to: Nancy and Rob Jones in memory of Henry Van Amburgh; and Ali D’Angelo in honor of Ms. Caldwell, Mrs. Welch, Mr. McKinney, Ms. Gooch and Mrs. Awsumb of Indian Trails Middle School.
12. Letter dated 1/13/03 to Chairman McLain from Julie M. Greene, Inheritance Project, re: environmental conference on water depletion and quality issues. (cc: BCC, County Manager, Deputy County Managers, Environmental Services Director)
13. Copy of letter dated 1/15/03 to Don Fisher, Planning & Development Director, from John F. Wages re: certified mail notification of street name changes. (cc: BCC, County Manager, Planning & Development Director, Addressing)
14. Certificate of Resolution (with attachment) dated 1/15/03 from Maryann Yaskanich, Debary City Clerk re: opposition to SR 429 Western Beltway connection. (cc: BCC, County Manager, Deputy County Managers, SCEA Director, Transportation Planner, County Attorney)
15. Letter dated 1/15/03 to Chairman McLain from Stephen Miller, South Seminole & North Orange County Wastewater Transmission Authority, re: county utility and road personnel assistance for Dean Rd./Aloma Ave. sewer line collapse and roadway collapse. (cc: BCC)
16. Memorandum dated 1/15/03 to BCC from Karen Consalo, Assistant County Attorney, re: consumer representatives to the Contractor Licensing Board.
17. Letter dated 1/16/03 to BCC from Brady Lessard, Sanford Mayor, re: request for City purchase of former FP&L parcel. (cc: BCC, County Manager, Deputy County Managers, Administrative Services Director)
18. Letter dated 1/17/03 (with attachment) to Chairman McLain from Dianne Kramer, Deputy Superintendent of Schools, re: FY 2002 Educational Facilities Impact Fee Report and 5-Year Capital Improvement Plan for Seminole County Public Schools.
19. Letter dated 1/15/03 to Chairman McLain from Roland Hotard, Winter Park Mayor, re: Board of Adjustment Special Exception approval for Time Warner Cable use of Interlachen Court for a communication tower facility. (cc: Planning & Development Director, County Attorney, SGTV Manager)
20. Notice of 1/23/03 Sanford CRA Meeting.
21. Letter dated 1/17/03 to Chairman McLain from D. Ray Eubanks, DCA, re: review of Seminole County Comp Plan Amendment #02-2. (cc: County Manager, Planning & Development Director, Planning Manager)
22. Letter dated 1/6/03 to Chairman McLain from John Agwunobi, MD, FL Secretary of Health, re: approval of $148,536.12 in Emergency Medical Services grant funds for prehospital services. (cc: BCC, County Manager, Public Safety Director)
23. Facsimile dated 1/21/03 to Chairman McLain from Larry Dale, Orlando Sanford Airport, re: construction of new facilities for Supervisor of Elections. (cc: BCC, County Managers, Planning & Development Director, Elections Supervisor)
24. Copies of letters dated 1/21/03 from Ken Roberts, Public Safety Director, re: donations to Animal Services Division to: Delores Wells and Mary Finlaw.
25. Memorandum dated 1/21/03 to BCC from County Manager Grace re: resignation of Tourism Development Director and designation of Sally Sherman as Acting Director.
26. Memorandum dated 1/21/03 (with attachments) to BCC from Cindy Hall, Fiscal Services Director, re: budget change requests approved by County Manager and Fiscal Services Director; and financial transactions approved by BCC.
27. Notice of 2/5/03 Seminole County land use change/rezone public hearing re: property north of Aloma Ave. and west side of Howell Branch Rd. (cc: County Manager, Property Appraiser, Elections Supervisor)
28. Notice of 1/27/03 City of Sanford annexation public hearing re: property between Celery Ave./Daffodil Terr. and Sipers Ave./Brisson Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
29. Notice of 2/18/03 City of Altamonte Springs annexation public hearing re: Exxon property at SE corner of SR 434/Douglas Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
30. Notice of 2/18/03 City of Altamonte Springs land use amendment public hearing re: Exxon property at SE corner of SR 434/Douglas Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser)
31. Letter dated 1/21/03 to Chairman McLain from Charles Stark, Esq., re: Wekiva Parkway/SR 46/Western Beltway. (cc: BCC, County Managers, Public Works Director, County Attorney, Transportation Planner)
32. E-mail dated 1/22/03 to BCC from GenevaFL@aol.com re: proposed dismantling of the Florida State Library.
33. Facsimile dated 1/23/03 to BCC from State Representative Randy Johnson re: proposed rewrite of LYNX/MetroPlan Orlando merger.
34. Notice of 2/6/03 City of Sanford conditional use public hearing re: property at 225 W. Seminole Blvd. (cc: Planning & Development Director, Planning Manager, Property Appraiser)
35. Notice of 2/10/03 City of Sanford development agreement public hearing re: property west of Sanford City Hall. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Administrative Services Director, Elections Supervisor)
36. Letter dated 1/21/03 to Chairman McLain from Bruce W. Jacobus, Chief Judge, re: groundbreaking of new Criminal Justice Center (County Courthouse).
37. Letter dated 1/20/03 to Seminole County Board of Adjustment from Allen Thatcher re: Time Warner Cable Special Exception for use of Interlachen Court for vehicular traffic.
38. Copy of letter dated 1/24/03 (with attachment) to Seminole County School Board Members from Commissioner Grant Maloy re: traffic problems in front of Red Bug Elementary School on Red Bug Lake Rd.
39. Facsimile dated 1/23/03 to BCC from Hugh Harling, Jr., Harling Locklin & Assoc., requesting continuance for Fossitt Business Park project to 2/11/03.
40. Memorandum dated 1/24/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into County Records.
41. Letter dated 1/26/03 to BCC from Florine B. Smith re: rezone of The Sanctuary at Lake Ann. (cc: County Manager, Planning & Development Director, Planning Manager)
42. Notice of 1/18/03 City of Altamonte Springs zoning public hearing re: Exxon property at SR 434/Douglas Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser)
DISTRICT COMMISSIONERS REPORTS (Continued)
Commissioner Morris stated from time to time he has seen many private roads that had flood damage. He stated the Fire Department has looked at Swamp Lane and they indicated that the residents can get access going another way but they cannot get all of the vehicles across the collapsed culvert.
Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize the County Manager to use his best judgment on what’s reasonable in getting a culvert installed (emergency maintenance) in the Swamp Lane area.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Henley stated at a recent Port Authority meeting, one of the Board of Directors members submitted an idea of contributing $300,000 to the City of Sanford for the proposed Convention Center instead of giving it to the BCC. He stated he indicated to them that he didn’t think that would be wise, if they expected to get a budget approved in the future.
COUNTY MANAGER’S REPORT
Mr. Grace stated an Attorney General’s opinion has been issued on the travel reimbursement policy and it may substantially affect the County’s reimbursement policy. He said he may be submitting information at the next Board meeting. He stated it appears that it will reinstitute the State caps.
Jerry McCollum, County Engineer, addressed the Board to review the proposed projects for TEA 21 (copy received and filed). He stated staff is looking at two to three projects and they have talked to Chairman McLain, Mr. Larry Dale (Sanford Airport Authority), the County Manager and several other people to try to get something done on SR 46. He said the County is looking at partnering with the Airport where they will dedicate right-of-way, costing around $4 million. He continued by reviewing the second project consisting of the SR 436 & 17-92 interchange. He stated the PD&E is underway and staff is asking authorization on that issue as well. The last issue they are proposing is what type of rail system is going to be considered. He said he has attached a draft resolution for the Board to review and it will go before the joint work session between Lynx Board and MetroPlan on February 12. He added Congressman Mica is hosting a meeting this Thursday at the City of Lake Mary and staff will give a brief presentation during that time. Staff will complete a detailed questionnaire and submit it to Congressman Mica.
Commissioner Henley stated he would like to caution Mr. Grace relative to him having the authority to transfer funds not exceeding $50,000. He stated he would like to raise questions relative to a transfer of $50,000 of October 8, 2002 for excavation and two weeks later another $30,000 for the same project was authorized. He said he would like to reiterate in making sure staff does not intentionally or unintentionally create these types of split invoices.
The Board recessed the meeting at 2:50 p.m., reconvening at 7:00 p.m. with all Commissioners (Commissioner Morris entered late) and all other Officials, with the exception of County Manager Kevin Grace, who was replaced by Deputy County Manager Sally Sherman, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Chairman McLain stated he failed to request this afternoon a motion approving resolutions of appreciation to Tony DeMarchi and Robbie Robertson for service on the Parks and Recreation Advisory Board.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2003-R-32, as shown on page _______, of appreciation to Tony DeMarchi; and Resolution #2003-R-33, as shown on page _______, of appreciation to Robbie Robertson for their services on the Parks and Recreation Advisory Board.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain recognized Members of the Holy Trinity Greek Orthodox Church Boy Scout Troop #501 in attendance with Scout Leader, Scott Concilman, to observe the Commission meeting and work toward their Community Service Merit badge; and a Member of Boy Scout Troop #529, who is working toward his Eagle badge.
PLAN AMENDMENT (FossitT Business
& ASSOCIATES, Continued
Continuation of a public hearing from December 10, 2002, to consider a Small Scale Plan Amendment for Fossitt Business Park from Suburban Estates and Low Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) and preliminary PCD site plan on approximately 9.7 acres located at the northeast corner of Orange Boulevard and Missouri Avenue and at the southwest corner of Orange Boulevard and Halsey Avenue; as described in the proof of publication, Harling Locklin & Associates.
Chairman McLain stated the applicant has requested to continue the public hearing to February 11, 2003, 7:00 p.m. A copy of the letter from the applicant was received and filed.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to continue to February 11, 2003, at 7:00 p.m., or as soon as possible thereafter, the public hearing to consider the Small Scale Plan Amendment for Fossitt Business Park from Suburban Estates and Low Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) and preliminary PCD site plan on approximately 9.7 acres located at the northeast corner of Orange Boulevard and Missouri Avenue and at the southwest corner of Orange Boulevard and Halsey Avenue; as described in the proof of publication, Harling Locklin & Associates.
No one spoke in support or in opposition.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Morris entered the meeting at this time.
APPEAL AGAINST BOA/STEWART FRITZ,
TANGLEWOOD AREA CIVIC ASSOCIATION
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal against the Board of Adjustment’s decision to approve a request for a Special Exception to allow an access road in R-1A zoning from Interlachen Court to a Communication Tower Facility for Time Warner Entertainment, Stewart Fritz, Tanglewood Area Civic Association, received and filed.
Cathleen Consoli, Senior Planner, addressed the Board to state the applicant submitted to the Board of Adjustment a draft agreement providing conditions of development. On January 8, 2003, revised documents were submitted to the County Attorney’s Office and additional changes were required upon review. A copy of the Development Order and Restrictive Covenant (copies received and filed) have been provided to the Board. She said staff recommends denial of the Special Exception, by means of the Decision on Appeal, based on the following criteria: (1) The proposed use would be out of character and inconsistent with the trends of residential development in the area by allowing access to storage facilities via residentially-zoned lands within the neighborhood; (2) The proposed use would have an adverse impact upon traffic patterns by creating a new access route within a residential area for new, nonresidential traffic patterns; (3) The proposed use is not consistent with the Vision 2020 Future Land Use Element which strives to protect and maintain established neighborhoods; and (4) The Transportation Element describes neighborhoods as the basic building blocks of the County and addresses Lake Howell Road from the Orange County line to SR 436 as permanently constrained to two lanes as determined by the Board of County Commissioners.
Commissioner Maloy asked staff to obtain information to clarify what would happen with Palmer Avenue if another access point were not found. Upon further inquiry by Commissioner Maloy, Ms. Consoli answered that the proposed access road (the longer road) will be built at grade and has a potential for flooding, so they wanted to have another access point (the shorter road) that would be higher and stabilized in case of access for emergencies. Discussing the traffic, she said this would be truck traffic, 24 hours a day, 7 days a week.
Stewart Fritz, 5072 Lake Howell Road, President, Tanglewood Area Civic Association, addressed the Board to state he has a petition (not received and filed) of 250 signatures of the neighbors opposing the proposal. He said he called Traffic Engineering and was told the count is 14,599 vehicles a day that use Lake Howell Road. He said Lake Howell Road is a designated residential roadway with local delivery signs posted at the north and south ends of the subdivision. He showed and submitted pictures of the signs and area of the Time Warner facility. He stated Time Warner has used the entranceway for over 30 years and it has been adequate for them. He said if this item is approved tonight, Time Warner will not pay taxes to the County and their commercial vehicles will be using the crowded roadways. The Interlachen Country Club, which has over 400 members, would also have to use this access roadway, which is a two-lane road. He advised 10 satellite dishes and the 5,000 square-foot building were erected without a building permit. He showed on the location map (received and filed) and said all the residential areas involved in this dispute are zoned R-1A. He said the Tanglewood Association’s suggestion is to use the money Time Warner plans to spend for the Interlachen property to place curbs, roadways, and sidewalks in the Lakemonte Heights subdivision. He stated the residents would like to have the Board deny Time Warner’s request.
Mr. McMillan advised the Board that if 50 trips per day were exceeded by Time Warner, Code Enforcement would handle that.
Upon inquiry by Commissioner Maloy, Mr. Fritz said he received this evening for the first time the letter written by Mayor Hotard, City of Winter Park (copy received and filed). He responded that the Tanglewood Association, to his knowledge, did not agree to the City of Winter Park’s special exception approval.
Commissioner Morris reviewed the letter from Mr. Fritz dated November 12, 2002, and made certain he had all his questions answered.
Gregory Reynolds, 1817 Briarcliff Road, addressed the Board to state it’s not platted yet, but the property has been approved for 9 residential lots, which would only add to the quality and value of the Tanglewood area. There would not be commercial trucks going 24 hours a day. He asked for denial of the request. He suggested the proposed Development Order be amended on page 4 to read that Time Warner will maintain Parcel B at least once a month and maintain Little Road at least twice a month. He referred to page 3, vehicle counting device, and said he would like a third party to monitor the vehicle counters. He agreed with the recommendation made by Wes Penington at the Board of Adjustment meeting to have two access roads open, Interlachen and Palmer Road; and thereby alleviating the traffic off Interlachen.
Mr. Reynolds responded to Commissioner Van Der Weide that the best thing is to find a new site for Time Warner. He would rather see homes that add value and quality to the neighborhood. To him that would be the best possible scenario, but if the request is approved, he would like more specifics.
Alex Costopoulos, 1817 Briarcliff Road, addressed the Board to state the question that hasn’t been put to anybody and that they don’t have the answer to is why does Time Warner need the expansion at this location in the first place. For many years, there was nothing there but an unmanned tower. The residents in the neighborhood by Palmer were kept up at night by construction trucks coming through to put in the building, and it was their complaints that brought this to light. Then all kinds of meetings were held. He said it seems everyone is getting his way except for the Tanglewood Association. He stated Time Warner owns many properties in Orange County that are zoned commercial, light industrial, etc. The shell of the building has never been completed. He asked where are the services being run from now and why can’t they be run from somewhere else than here.
Dale Watson, 1818 Briarcliff Road, addressed the Board to state he can’t understand why Time Warner is there in the first place. They have built the retention pond and building with no permits. They started in Orange County and wound up in Winter Park and now Seminole County residents have to live with it. He asked why.
Pat Telson, 120 Arla Court, addressed the Board to state this is a two-lane road with bumps throughout because they had to slow the traffic down due to the death of a child. There is a road crossing for children to go to the day care, and the road is posted 25 mph and for only local deliveries. She doesn’t understand why it’s being considered to have trucks run up and down Lake Howell Road when the residents have done everything to stop this from happening in the residential area.
Garth Meyers, 1929 Linden Road, addressed the Board to state this operation would require a bridge be put across the ditch. He said when there is a heavy rain, all the brush accumulated will gather against the bridge and the street will again be flooded. He asked does the Board of Adjustment have a right to violate traffic laws. The BOA has said Time Warner can go down this road and the signs that have been there for seven years say no trucks. He said the folks on the BOA were more concerned with the residents of Winter Park.
Upon inquiry by Chairman McLain, Mr. McMillan said he doesn’t know who put the signs up or the legalities of them, but if the trucks are not allowed on the road, then they are not allowed no matter what the BOA says relative to land use.
Jerry Wesson, 1944 Linden Road, addressed the Board to state if this road is approved for access to the site, then the heavy trucks will use it to finish the building on the site. He said there have been problems with the road for many years. Every time there is heavy rain, the road begins to sink. Seminole County will be called to fix the road. He doesn’t feel he wants any of his tax dollars spent on making repairs for a company that is paying taxes in Orange County and not Seminole County.
Marmie Meyer, 1831 Linden Road, addressed the Board to state she doesn’t feel safe now riding her bike along Lake Howell and with trucks on the road, she has a lot of concern for the safety of herself and her children.
Dennis Larson, 2141 Linden Road, addressed the Board to state the traffic is awful on the road and they are trying to increase it. He said this makes no sense. He stated Linden Road is a straight shot and he knows traffic will be cutting through onto Linden. He stated putting a commercial facility in residential makes no sense.
Robert Santiago, 2039 Linden Road, addressed the Board to state there is no way to leave this facility without passing through residential properties; and there is no way to leave Interlachen Court without passing through residential areas. He doesn’t think the neighborhood should have to be going back and forth “ping-ponging” the issue of traffic. This should not be anyone’s problem.
Tamera Trexler, 2237 Elsinore Avenue, addressed the Board to state people use her road as a shortcut, and she is already having trouble with people racing through there. She has asked for police monitoring of the traffic and for signs to be put up for “no big trucks” and that has not been done. She also asked for speed measures and that has not been put up. Regarding code enforcement, there has been no response from Seminole County. She doesn’t have much faith in what would be monitored by Time Warner. She said rather than spend $2 million towards a facility, she told of several areas with empty, huge buildings that already have access and are on the road they are supposed to be. She said it seems like Time Warner is trying to bully them.
Attorney Frank Kruppenbacher, representing Time Warner, addressed the Board to give a slide presentation on the history of Time Warner discussing the topics of “Why We’re Here”; “Why It’s Important”; “Our Proposal”; “Significant Site Improvements”; “Satisfying Concerns: TWC Commitments”; “Traffic - No Problem”; “TWC Plan vs. Current Approvals”; and “If The Special Exception Request Is Denied?” He said they will end up with less impact on the community than 9 homes. He stated there are going to be trucks to service the houses. They have in excess of 250 Seminole County residents that work for Time Warner and one will speak tonight for that group.
Attorney Kruppenbacher answered questions by Commissioner Henley, stating trucks run everyday up and down Lake Howell Road. He said none of the trucks are stored at the subject site, but are stationed on All American Boulevard. He said there will be no home servicing out of this facility. Commissioner Morris discussed buying cars for the employees to use so that no employee would go on site in a commercial vehicle.
Jerry Martin, Time Warner, addressed the Board to explain how the technicians work out of the facility and their need for vans to haul the equipment.
Attorney Kruppenbacher advised Commissioner Maloy that public safety personnel would use the emergency access.
Tammy Gonzales, 722 Arnold Street, General Manager, representing Time Warner employees, addressed the Board to state Time Warner employs over 250 Seminole County residents and she asked for the Board’s support in partnering with Time Warner to continue to grow and employ additional people and provide state-of-the-art technology to the community. This approval will allow Time Warner to compete in the future as well as assure their jobs going forward.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner Henley stated he thinks it is important to recognize that this has been very disturbing to the communities in both counties. He thanked the residents who were present, those who wrote letters and made phone calls. He thinks Time Warner has done a good job in trying to appease everybody. That indicates they are a company that is somewhat sensitive to the citizens of both counties. He said staff has said no to this request and he happens to think the staff is right that this should not be in this County.
Motion by Commissioner Henley, seconded by Commissioner Maloy, to overturn the Board of Adjustment’s decision based upon the staff findings and thereby approving the Decision on Appeal, as shown on page _______, and denying a request for a Special Exception to allow an access road in R-1A zoning from Interlachen Court to a Communication Tower Facility for Time Warner Entertainment; as described in the proof of publication, Stewart Fritz, Tanglewood Area Civic Association.
Under discussion, Commissioner Morris said he doesn’t know why Time Warner can’t stage the commercial trucks at another site. Then there would be less commercial traffic and the employees would be driving private vehicles. The equipment could be left at the site. This would seem to take care of the problem as he understands it presented by the Tanglewood Association.
Commissioner Van Der Weide said regarding Winter Park’s actions that Palmer Avenue is “millionaire row” and they are going to be very happy to get the trucks off that road. He doesn’t understand what Orange County did. He said if Time Warner has as few trucks as they are telling the Board and since they are already in the neighborhood, there has got to be more to it than this. He thinks what’s irritating the neighbors is the fact that the surrounding cities have palmed this off on Seminole County and that puts the Commissioners in the hot seat.
Chairman McLain said he would like to see the Board not reopen the public hearing but continue it and ask staff to sit down with Time Warner and come up with an action plan that deals with these issues and come back with something that can improve the quality of the neighborhood and provide the services the neighborhood needs. He said he cannot understand how Orange County and Winter Park can put Time Warner and Seminole County residents in this position.
Mr. McMillan advised the Board could deny the request without prejudice or continue the hearing and have Time Warner come back to see if they can work out the problems. The Board could waive the 12-month waiting period for Time Warner to reapply.
Upon inquiry by Chairman McLain, Attorney Kruppenbacher said if the Board chooses to overturn the Board of Adjustment, Time Warner would continue to use the other road in Winter Park, but they could not expand the services. He said they must have a new facility to put in the electronics. He requested to meet with the homeowners.
Chairman McLain recessed the meeting at this time in order to allow both parties to meet; and reconvened the meeting at 8:44 p.m.
Attorney Kruppenbacher reported on their proposal to the homeowners to modify the vehicles to only go with SUV’s, sedans, Ford Rangers pick-up trucks, and the two-bucket trucks.
Mr. Fritz stated the homeowners are opposed to this roadway at Interlachen.
Commissioner Maloy stated it does seem somewhat unfair with the actions of Winter Park cutting off the access. He doesn’t think this would rule out if a different plan came back with one way in and one way out and get rid of the roadway next to the homes.
Commissioner Henley stated he appreciates Time Warner trying to gain acceptance, but he would encourage them to go back to Winter Park and perhaps they would have a change of heart. If Time Warner perceives what they want to put in would enhance the area that much and the fact it is located in Orange County, he thinks it is their problem and not Seminole County’s. He thinks Orange County and Winter Park have not been hospitable. He doesn’t think a solution is for this County to go in and put in a project that does not meet any of the codes as outlined by staff. He thinks it is wrong for the Board to start that. He added that he stands by the motion he has made.
Chairman McLain asked if Commissioner Henley would be willing to modify his motion and allow Time Warner to come back in less than one year if they could come back with a solution.
Commissioner Henley said he might be willing a year from now to consider making that motion. He thinks that as long as Winter Park thinks Seminole County might study a solution, they are going to stand firm.
Commissioner Van Der Weide stated he is having a hard time understanding the problem with traffic, but not with understanding the resentment of the neighbors and how this is being dumped on them. He hopes this can work out with the neighbors and Time Warner, but he will have to stick with the District Commissioner on the motion.
Commissioner Morris asked if Commissioner Henley would permit Chairman McLain to talk with the Mayor of Winter Park and see what makes sense. Whereupon, Commissioner Henley said since the Mayor was kind enough to write the Board a letter encouraging them to approve the request, he thinks it would be well for Chairman McLain to respond and suggest they be more accommodating.
Chairman McLain directed Deputy County Manager Sherman to draft a letter.
Districts 1, 2, 3, 4, and 5 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:51 p.m., this same date.