BOARD OF COUNTY COMMISSIONERS

 
SEMINOLE COUNTY, FLORIDA

 

JANUARY 8, 2002

 

 

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, January 8, 2002, in the SEMINOLE COUNTY SERVICES BUILDING 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)(Late)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

Pastor Roger Meadows, Longwood Worship Center, gave the Invocation.

Commissioner Carlton Henley led the Pledge of Allegiance.

-------

     Chairman McLain welcomed Commissioner Henley back from his absence due to his recent surgery.

Awards and Presentations

 

     Chairman McLain advised that at each meeting, the Board will have a representative of each City come and tell what is going on in their City.  He stated Mayor Russ Hauck of Altamonte Springs is in attendance this morning.

     Mayor Hauck addressed the Board to state City Manager Phil Penland is also in attendance with him.  He expressed appreciation for the opportunity to come before the Board and for the work the County does for the City throughout the year.  He thanked the Commission for the recent proclamation he


received for his services on the Tourist Development Council for the last couple years.  He said one of the exciting things that is happening that affects both the City and County is the study of the possible consolidation of the fire services.  He thinks they are on track for a study report in February.  They are prepared to move ahead if it looks like this makes sense.  He discussed significant projects that have been in gestation over the year including the City’s Center project; the Park plans; SuperChannel 55 Building and Tower; the Gateway Center project; Intelligent Transportation System Circulator project; and the SR 434 Corridor widening.

     Chairman McLain advised he and Mayor Hauck will work together over the next several months to come up with some solutions on mass transit. 

     Commissioner Morris complimented Mayor Hauck, City Manager Penland, the City staff and Commission on their smart growth building up rather than out and taking these bold steps.

     Commissioner Henley said he thinks the willingness of Altamonte to explore the merger of services is very important.  The Board should look at other areas where the citizens can benefit.  He thinks consolidation of services makes sense.

     Commissioner Van Der Weide entered the meeting room at this time.

     Chairman McLain stated he is looking forward to working with Mayor Hauck this year.


County Attorney’s CONSENT AGENDA

 

     County Attorney Robert McMillan reviewed the two add-on items to his Consent Agenda:  4A, Coinmach Corporation v. Seminole County; and 4B, Heathrow Land Company Limited Partnership.

     Upon inquiry by Commissioner Henley, Mr. McMillan answered questions regarding the widening of Lake Emma Road.  He advised the Resolution of Necessity will come to the Board the first week of February under the Engineering Agenda.

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

Property Acquisition

 2.     Approve payment for attorneys fees and costs previously incurred relating to Pastor Ronald O. Taylor Property, Parcel 156 of the East Lake Mary Boulevard Phase II road improvement project located at 3850 Bridges Road, Sanford, in the amount of $17,212.45. This parcel has been deleted from the road project which is currently being redesigned.

 3.     Approve and execute Purchase Agreement, as shown on page _______, relating to the Beck Property, Parcel Number 107 of the Airport Boulevard Phase II road improvement project located southwest of Airport Boulevard between CSX Railroad and Old Lake Mary Road, in the amount of $13,500.00 inclusive of attorney’s fees and costs.

 4.     Approve and execute Purchase Agreement, as shown on page _______, relating to the Hewitt Property, Parcel Numbers 107/707 of the Lake Emma Road improvement project, located at 1820 Lake Emma Road, in the amount of $20,000.00 with no attorney’s fees or expert costs incurred.

Add-ons
4A.     Request permission to serve the third party complaint, Coinmach Corporation v. Seminole County, upon Housing and Neighborhood Development Services of Central Florida, Inc. (“HANDS”).
4B.     Authorization to Defend Lawsuit regarding Heathrow Land Company Limited Partnership (“HLC”).
 
     Districts 1, 2, 3, 4, and 5 voted AYE.
 
County Attorney’s Briefing
 
Information Items

 

     Mr. McMillan stated at the last meeting the Board appointed Mr. “Red” McCullough and asked the County Attorney to look into the question of his contract with the County.  He stated this is a conflict under the Statutes, but the Board can waive that.  It might be to Mr. McCullough’s benefit to indicate they do not have a problem with the relationship.

     Commissioner Maloy stated Mr. McCullough was his appointment, and Mr. McCullough brought up the issue himself.  He said he doesn’t have a problem with him serving. 

     Mr. McMillan said Mr. McCullough would have to abstain on any vote to his benefit.

     Commissioner Henley stated that appointment is a very specific task and has no other impact on anything.

     Motion by Commissioner Maloy, seconded by Commissioner Morris, to ratify Mr. McCullough’s appointment with the Board’s full knowledge of the situation.

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

-----

     Mr. McMillan stated some may have read that the Sales Tax Referendum charge has been dismissed with prejudice by Judge Nelson.  He advised there was a motion for a rehearing filed by the attorney so this case is not completely closed yet. 

-----

     Mr. McMillan reported that the Fifth District Court has determined not to review the County’s petition in the Callin case, where the Board authorized a settlement of $50,000 and $25,000 for attorney fees.  This issue can be raised later.  He said staff is now in discussion with the attorney.

-----

     Mr. McMillan further advised that Deputy County Attorney Stephen Lee’s main office will be moved to the Reflections Building, due to the workload coming in the acquisition area and for better coordination.  Mr. Lee will be managing that operation and will be at the County Services Building when necessary.

Legislative Update

 

Bobby Brantley, Legislative Consultant, addressed the Board to give an update on what’s going on in Tallahassee.  He stated Jim Stelling was also in attendance.  He said most of the big-ticket items for the County this year are water management projects.  He has been working with Kirby Greene, replacement for Harry Dean, at the St. Johns River Water Management District.  He believes Mr. Greene will do an excellent job for this area.  Mr. Brantley said he is asking for $17 million from the St. Johns budget. 

Mr. Brantley advised that if the County has any interest, for the first time this year, the Legislature has made available the program they are using for reapportionment called “FREDS.”  He said there are a lot of good statistics about the County and cities in the County, and he encouraged the Commissioners to obtain a disk.  He stated the Board may want to have staff look at this and as the lines are being considered, the Board may want to give some input into that.

Mr. Brantley said that, basically, they are working with the County Association on a lot of programs and trying to make sure the Legislature, in their continued hunt for dollars, don’t decide to take away some of the revenue sources local government have currently to make up for some of the State shortfall.

Commissioner Morris stated the Florida Association of Counties Board of Directors, along with the School Board Association, League of Cities and some others are taking a leadership position and backing the Senate proposal to lower the sales tax and broaden the base.  He said in December the FAC Board approved supporting that initiative and the tax is being set up.  He said this is not something that the BCC has supported.  He is the Co-Chairman of the Legislative Committee, but he would not be attending the meetings where this item is being discussed.

County Manager’s CONSENT AGENDA

 

     Mr. Grace advised of typographical error to Item #25, correcting the year to “2000-2001” CDBG Interlocal Agreement between Seminole County and the City of Casselberry.

     Commissioners Maloy questioned what is the designing for and the total cost regarding Item #19, Design of the Osceola Road Landfill Operations and Maintenance Building Project.  Mr. Grace answered this is to design the Maintenance Facility and Operations Building at approximately $600,000 and a truck wash facility for a total of approximately $680,000.  Commissioner Henley asked to know how much the additional expenses would be.

     David Gregory, Solid Waste Manager, addressed the Board to answer his intention is that the entire scope of work would come in under $150,000.

     Carol Hunter, Project Manager for the project, addressed the Board to state the added expenses would be for additional equipment.  Whereupon, Commissioner Henley named the equipment identified and asked if that would fall within the budget.

     Mr. Gregory stated the intent is get as much as possible within the budget.  He explained they are looking to ask for bid alternates during construction.  If they can’t get something within the design elements of the building, they would come back to the Board for approval.  If they can’t afford something or don’t need the equipment, they would not intend to include it.

     Upon further inquiry by Chairman McLain, Ms. Hunter said the County is not paying any premium for the flexibility in the design of the building.

     Commissioner Maloy stated his main concern is that the building is functional.

     Commissioner Maloy asked if the alignment for Lake Drive had been worked out, referring to Item #20, Award of RFP-4129-01/BJC, Right-of-Way Acquisition Services for Lake Drive Road Improvement.  Mr. Grace stated the Board approved the alignment several years ago.  At that time, there was representation that the Dog Track property that was necessary for the alignment would be donated.

Mr. McMillan advised County staff is in negotiations with one of the property owners of the Dog Track parcel to see if that can be worked out.  He advised a joint meeting is being scheduled in February with Engineering on a potential agreement and alternatives the Board would have. 

     Commissioner Morris stated he thinks the property owners should understand that the Board will not spend any more taxpayer money than what they originally agreed to.  He said he questions the value of the road and doesn’t believe it is a benefit to the County. 

     Mr. McMillan explained that the owner of the property was never contacted

     Commissioner Morris said he thinks the Board should be briefed.  He asked what is this road really going to do and why would they pay extra at all.  Mr. Grace stated this was a road project in the original Sales Tax Program and if they are going to do away with it, he thinks everyone needs to understand what is going on.  Commissioner Morris said to let the property owners understand the implication of what they are doing.  He suggested they pull this item from the agenda and allow staff to bring it back.  He further suggested the Board not spend another dollar on this, but staff time can be spent.  Staff should let the property owners understand this project is not moving forward because of an impasse due to money.

     Under further discussion Mr. McMillan advised Commissioner Maloy that staff had looked at an alternate alignment, but certain portions of the road would still need to be acquired before deciding which way it would go. 

     Motion by Commissioner Morris, seconded by Commissioner Maloy, to pull Item #20 from the Agenda and it will not come back until staff has a formal recommendation.

     Under discussion, Commissioner Maloy expressed this has been going on for five years and that is way too long and the whole thing is very frustrating.

     Commissioner Van Der Weide stated he can remember the time of the public hearing and he is afraid, if this isn’t worked out, the Board is liable to hear from the other side and they will be in a real “knock down, drag out war.”  Staff can study every ramification brought out and come back and brief the Commissioners because Commissioner Morris has a very good point on one hand, but he remembers all the ramifications they went through to come up with the alignment.

     Chairman McLain said he thinks staff can get all the Commissioners briefed and come back with an action plan by next month.

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

-----

     Commissioner Henley questioned staff about Item #22, Authorize Proprietary Source Procurement and authorize the issuance of a Purchase Order for Motorola Micor Satellite Receivers.

Greg Holcomb, Telecommunications Manager, addressed the Board to state in this budget they were to upgrade the systems to the current technology.  They will fund the three sites for 15 receivers this year and fund next year for replacements.  Discussion ensued on the 800 MHz system, which Mr. Grace said needs to be replaced because if something goes down, the parts are not being made anymore.  He advised the cost to replace the entire system is about $4 million.  He and staff are working to come up with a funding solution and will try to brief the Board around February or March.

Commissioner Henley stated he would like to see an annual report of all the lost and missing equipment so the Board has an idea of what they are facing.

Commissioner Maloy asked if the Board could have some visuals before the public hearings for Items #27, SR 467 Scenic Corridor Overlay Outdoor Lighting Standards Ordinance, and #28, Wekiva River Protection Area Environmental Design Standards Ordinance, so the Board can see what they are talking about.  Mr. Grace said he thinks this can be done before that time.

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

ADMINISTRATIVE sERVICES

Support Services

 5.     Approve and authorize Chairman to execute First Amendment, as shown on page _______, to the State Attorney Office Space lease.

 

Environmental Services

Solid Waste Management

 6.     Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _______, for Affordable Tire, Incorporated; Central Florida Refuse, Incorporated; and Keller Outdoor, Incorporated. 

 

Fiscal Services

Administration

 7.     Approve and authorize Letter, as shown on page _______, granting authority in retrospect, to J. Dennis Westrick, P.E., to sign St. Johns River Water Management District’s Alternative Water Supply Construction Cost Sharing Grant documents, which allowed Seminole County’s Environmental Services Department, PEI Division, to compete for grant funds totaling $458,000.

Budget

 8.  BCR #02-20 in the amount of $34,735, Public Safety – EMS/Fire/Rescue - Funds 11200, Fire Rescue Fund and Fire/Rescue Impact Fee Fund 12801. Staff requests transfer of funds to facilitate the purchase of 5 mobile satellite telephone and two-way radios from impact fees and associated monthly usage fees. These units will be placed in selected EMS/Fire/Rescue response vehicles to insure alarm traffic gets through during disaster situations.

 9.  BCR #02-22 in the amount of $6,437, Environmental Services – Water & Wastewater – Fund: 40100 – Water and Sewer Fund. Transfer is requested to replace two (2) radios. BCC# 01051 was stolen from a vehicle and a report was filed with the Sheriff's Office. BCC# 01059 was lost off the back of a truck.

10.  BCR #02-24 in the amount of $153,890, Planning & Development – Community Resources – Fund: 11901 – BCC Grant Fund. Remaining CDBG funds from the City of Casselberry infrastructure project and unencumbered Housing Delivery Services will be transferred to the Midway paving and drainage project.

11.  BCR #02-25 – $2,100 – Public Works – Road                                                                                                                  Operations/Stormwater – Fund: 10101 – Transportation Fund.  Authorization is requested to purchase a crane lift for the after hours duty truck. A crane lift would enable a reduced crew to respond to after hours emergency calls to remove heavy items/objects that are blocking roadways. Savings are available from the purchase of an International dump truck.

12.  BCR #02-26 in the amount of $1,640, Planning & Development – Administration – Fund: 10400 – Development Review Fund. Transfer is requested to provide a frame and glass doors for two display units in the Customer Resource Center which is part of the renovations that are being completed this month. This item was not included in the original contract.

13.     Adoption of Budget Amendment Resolution #2002-R-1, as shown on page _______, in the amount of $20,062, Sheriff's Office – Fund: 00100 – General Fund. The Sheriff’s Office has been approved to receive the Neighborhood Accountability Implementation grant from the Department of Justice. This grant will provide funding for a part time position to set up and facilitate local boards who will help identify actions for juvenile offenders to make amends and to be integrated into the mainstream of the community. The position will continue only as long as grant funds are available.

Purchasing

14.     Approve Change Order #1, as shown on page _______, to FC-1161-01/BJC - Libraries Water Intrusion with Ruby Builders ($56,775.10).

15.     Approve First Amendment and First Renewal, as shown on page _______, to FC-1139-00/BJC, Continuing Construction Services for Public Works Minor Construction Projects with an estimated cost less than $500,000.00, to Central Florida Environmental Corporation, Longwood, and C.A. Meyer Paving & Construction Company, Orlando (Not-to-Exceed  $2,500,000.00/year/contractor) (February 7, 2002 through February 6, 2003).

16.     Accept and authorize the Chairman to execute Certificate of Completion, as shown on page _______, for FC-1144-01/BJC, Sanlando Springs Lake Park Subdivision Retrofit with JCB Construction, Inc., Orlando.

17.            Approve ranking and award PS-5102-01/BJC, as shown on page _______, Professional Services for Total Maximum Daily Loads (TMDL) Development and Implementation to PBS & J, Orlando (Not-To-Exceed $725,000.00).

18.     Approve ranking list for PS-5103-01/BJC, General Professional Engineering Services for the Sweetwater Cove Tributary Surface Water Restoration Project, authorize staff to negotiate and award a Master Agreement, as shown on page _______, to Environmental Research & Design, Inc, Orlando (Not-to-Exceed $300,000.00).

19.     Approve ranking list for PS-5104-01/BJC, Architectural and Engineering Services for the Design of the Osceola Road Landfill Operations and Maintenance Building Project, authorize staff to negotiate and award an Agreement, as shown on page _______, to ArchiStructure, Inc., Orlando (Not-to-Exceed $150,000.00).

21.     Approve the Assignment of RFP-468C-99/GG, as shown on page _______, Concessionaire Operations Contract for Seminole County Softball Complex from Jerry F. Kistner of Lake Mary to Timothy J. Grubbs and Pamela M. Grubbs of Altamonte Springs (Sales Commission Percentage is unchanged at 15%).

22.     Authorize Proprietary Source Procurement and authorize the issuance of a Purchase Order for Motorola Micor Satellite Receivers to Motorola, Inc., Longwood, ($144,526.00).

 

Planning & Development

Administration

23.     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 Harvey E. Newton and Virginia Lebequec.

Building & Fire

24.     Adopt Resolution #2002-R-2, as shown on page _______, renaming Jewett Lane, Sanford, lying within the County’s jurisdiction to St. Johns Parkway. 

 


Community Resources

25.     Approve and authorize Chairman to execute an Amendment, as shown on page ______, to the 2000-2001 CDBG Interlocal Agreement between Seminole County and the City of Casselberry.

Development Review

26.     Adopt Resolution #2002-R-3, as shown on page _______, accepting Warranty Deed, as shown on page _______, for land donated as right-of-way on Narcissus from Stratford Pointe Limited Partnership; and authorize cancellation of property taxes for the land. 

Planning

27.     Authorize staff to schedule and advertise public hearings to consider enactment of the State Road 46 Scenic Corridor Overlay Outdoor Lighting Standards Ordinance. 

28.     Authorize staff to schedule and advertise public hearings to consider enactment of the Wekiva River Protection Area Environmental Design Standards ordinance. 

 

Tourism Development

29.     Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Seminole Soccer Club, Inc. for Seminole County based soccer tournaments in the amount of $25,000.

 

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

 

Clerks Report Consent Agenda

 

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

 1.  Expenditure Approval Lists, as shown on page _______, dated December 4, 11, and 18, 2001; and Payroll Approval List, as shown on page _______, dated December 6, 2001.

 

 2.  Chairman to execute Satisfactions of Judgment/$40 Public Defender Application Fees for the following:

 

Ronald Wayne Adkins, Case #01003605MMA

Cheryl Ann Amador, Case #00006555MMA

Angela Yvette Bird, Case #00002111CFA

Cecil M. Boucher, Case #01001472CFA

Michael C. Brittain, Case #00001086CFC

Salina Morgan Brown, Case #01001757CFA

Todd Ryan Brunson, Case #00012711MMA

Rafael Jose Gonzalez, Case #00003799CFA

Kimberly D. Gray, Case #00000288CFA

Daniel Mark Holler, Case #01002149CFA

Jason Joseph Jeffers, Case #01006853MMA

Perry Ranze Matthie, Case #01002101CFA

Michelle K. Mulderig, Case #01003544MMA

Derek Matthew Parker, Case #98004845CFA

Keith Kelly Pinner, Case #01001658CFA

Jose Luis Ramos, Case #01000203CFA

Samuel J. Samson, Case #01000469CFB

Oscar Lee Stevens, Jr., Case #01000887CFA

Gregory Lloyd Wallace, Case #01001158CFA

 3.  Chairman to execute Satisfactions of Judgment/Court Costs, for the following:

 

Robert Daniel Beebe, Case #01001605CFA - $148

Michael Allen Driggers, Case #95000508CFA - $255

Michael Allen Driggers, Case #95000507CFA - $255

Michael Allen Driggers, Case #95000118CFA - $105

Michael Allen Driggers, Case #88001997CFA - $225

Michael Allen Driggers, Case #87002356CFA - $225

Michael Allen Driggers, Case #87002354CFA – $225

Marcel Dumeny, Case #01000505CFA - $328

Michael James Hast, Case #98001892MMA - $113

David James Heard, Case #01003574MMA - $100 Drug Trust Fund Costs

Heather Johnson, Case #00000995CFA - $328 + interest

Heather Johnson, Case #00001359CFA - $148

Heather Johnson, Case #00001361CFA - $148

Charles Kevin Saylor, Case #01009355MMA - $158

Guy Norman Smith, Jr., Case #01007665MMA - $158

 

 4.  Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Michael Jerome Jones & Roche Surety & Casualty Co. - $1,038.

 

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

 

Bryan Ansley, Case #00003505MM - $100

Matthew B. Apperson, Case #00009674MM - $200

Kyle M. Barello, Case #00011408MM - $200

Arthur Bradshaw, Case #01002311MM - $200

Kendora M. Chukes, Case #99000121CFA - $200

Roger Dean Chung, Case #94000561MM#2 - $200

Jerry David Dillard, Case #89007340MM - $150

Christine Danie Gay, Case #94004443MM - $200

Christine Gay, Case #97003310CFB - $200

Clarence Graham, Case #00009403MM - $100

Leroy L. Gray, Case #99003703MM - $100

Larry G. Griffin, Case #96011655MM - $100

Walter A. Hertzberg, Case #00012297MM - $200

Michael A. Martin, Case #00002983CFA - $100

Terry James McClellan, Case #95000598CFA - $200

Christopher E. Miller, Case #89001548CFA - $300

Daniel L. Morris, Case #00004101MM - $200

Derek M. Parker, Case #98004845CFA - $350

Albert Que, Case #98000196MM - $500

Leonardo Ramirez, Case #01010010MM - $200

Donald V. Roberts, Case #01011218MM - $200

David Scarpitti, Case #01009480MM - $250

Juan Servin, Case #01009454MM - $200

Dickie L. Stukes, Case #00012196MM - $100

Michael True, Case #00011013MM - $100

 

 6.  Approval of Official Minutes dated November 27 and December 11, 2001.

 

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

 

-----

 

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

 1.  Letter from Sandy McCann, Deputy Clerk, to David Butler, Dept. of Revenue, forwarding a certified copy of the Notice of Tax Impact of the 2001 VAB advertisement and proof of publication.

 

 2.  Notice of Tax Impact, as shown on page _______, of the 2001 Value Adjustment Board.

 

 3.  Proof of publication, as shown on page _______, from the Orlando Sentinel, confirming advertising of Notice of Tax Impact of 2001 VAB.

 

 4.  Work Order #25, as shown on page _______, to PS-556-00.

 

 5.  Work Order #23, as shown on page _______, to FC-1139-00.

 

 6.  Work Order #5, as shown on page _______, to PS-590-01.

 

 7.  Maintenance Bond, as shown on page _______, #98SB103700938 in the amount of $7,820.94 for Heather Glen.

 

 8.  Notice of Decision of Appeal, as shown on page _______, of the Planning Manager’s Administrative Decision relative to Keith & Dana Cleborne swimming lessons/instructions as a home occupation.

 

 9.  Resolution #2000-R-200, as shown on page _______, vacating and abandoning right-of-way known as a portion of Lake Harney Circle, Ron Warble; Robert & Betty Granger; Forest & Martha Foote, as approved by the BCC on September 26, 2000.

 

10.  Closing documents, as shown on page _______, relating to the $47,975,000 Seminole County, Florida Sales Tax Revenue Bonds, Series 2001.

 

11.  Special Warranty Deed, as shown on page _______, for Fritz Alder and Brad Young, Lot 33, Southern Florida Citrus Company’s Plat, as approved by the BCC on August 28, 2001.

 

12.  Recorded Drainage Easements, as shown on page _______, with Deborah D. Hagen, c/o Hagen Custom Homes and Capri Homes Corp. for Westlake Colony.

 

13.  Change Order #1, as shown on page _______, to FC-1160-00.

 

14.  FY 2000 Local Law Enforcement Block Grants Program Application, as shown on page _______, as approved by the BCC on August 22, 2000.

 

15.  First Amendment, as shown on page _______, to Work Order #21 to 538-99.

 

16.  First Amendment, as shown on page _______, to Work Order #10 to FC-1139-00.

 

17.  Work Orders #6, #7, #8 & #9, as shown on page _______, to PS-534-98.

 

18.  Florida Yards & Neighborhoods Program Agreement M-290-01, as shown on page _______, with the University of Florida Cooperative Extension Services.

 

19.  Change Order #2, as shown on page _______, to FC-1122-00.

 

20.  Notice of Satisfaction of Connection Fees, as shown on page _______, relating to Conditional Utility Agreements for Orlando Industrial Park-Lot 21 by Maxine Dann.

 

21.  Letter and Bill of Sale, as shown on page _______, with Ryland Group relating to Autumn Chase Phase 2.

 

22.  First Amendment, as shown on page _______, to Lease Agreement for Computer Hardware #RFP-495-00 with Pomeroy Computer Resources.

 

23.  Work Order #3, as shown on page _______, to PS-568-00.

 

24.  Change Order #2, as shown on page _______, to FC-1137-00.

 

25.  Work Order #4, as shown on page _______, to PS-572-00.

 

26.  Wood Waste Processing Agreement M-289-01, as shown on page _______, with Consolidated Resource Recovery.

 

27.  Work Orders #3 & #4, as shown on page _______, to PS-594-01.

 

28.  Work Order #6, as shown on page _______, to PS-586-01.

 

29.  Development Orders, as shown on page _______, as follows:  Equity One (Kenicahn Special Exception); Lutheran Haven Special Exception; Austin Homes variance; Apostolic Church of Jesus, Inc. Special Exception; Ted & Dorothy Mitchem Special Exception; Collison Holding Co. Special Exception; Maronda Homes/Bowyer-Singleton Rezone; and Equity One Lake Mary/Lake Mary Center Site Plan Approval.

 

30.  Certificates of No Recall, as shown on page _______, for the following:  Collins & Collins Partnership dba CCC Racing; Orlando Jai-Alai; and Sanford-Orlando Kennel Club, Inc.

 

31.  Letters from Tony Matthews and Kathy Fall, Planners, to the following advising of Board of Adjustment action on November 26, 2001:  Robert Rosen, P.A.; Eugene Matonti; Kenard Lang/Dave Brewer Homes; Nextel Communications/Cheryl Pence; Gregg & Darlene Riley; Father Flanagan’s Boys Town/Joseph Zuber; Stephen Behm; John G. Bauer; James Kettering; Frank McAllister/Shirley R. Pickford; John & Clarice Bess; George Bunty; Roy Von Dohlen/Albert Cichra Builders; Bruce G. Hartman; Steve Gerwig; Terrence & Cheryl Callins; Morrison Homes/Randy Cohen; Eric & Sherri Seaver; Rainer Ricchetti; Hindu Society of Central Florida; John Flanagan; and Nextel Communications/Cheryl Pence.

 

32.  First Amendment, as shown on page _______, to Work Order #2 to PS-557-00.

 

33.  Private Road Maintenance Bond #98SB103700939, as shown on page _______, in the amount of $8,090.57 for Heather Glen.

 

34.  Drainage Easements, as shown on page _______, for Grace Coradin; Michael Terebo; Sandra Smith; and William D. Martin and Denise Martin, Co-Trustees.

 

35.  Billing and Collection Services Agreement M-291-01/BJC, as shown on page _______, with Medical Claims Processors Group, Inc.

 

36.  Work Order #7, as shown on page _______, to PS-557-00.

 

37.  Environmental Site Assessment Agreement M-294-01, as shown on page _______, with EMS Scientists, Engineers, Planners, for the Lake Harney Property.

 

38.  Work Order #34, as shown on page _______, to PS-543-99.

 

39.  Work Order #9, as shown on page _______, to RFP-464-99.

 

40.  Work Order #2, as shown on page _______, to PS-585-01.

 

41.  Work Order #7, as shown on page _______, to PS-574-00.

 

42.  Seminole County Budget Book, as shown on page _______, for FY 2001/2002 and 2002/2003.

 

43.  Satisfaction of Connection Fees, as shown on page _______, for the project known as Fellowship Baptist Church.

 

44.  Satisfaction of Connection Fees, as shown on page _______, for the project known as Tuscawilla Retirement Residence.

 

45.  Satisfaction of Connection Fees, as shown on page _______, for the project known as Hess @ Carrigan Avenue.

 

46.  Satisfaction of Connection Fees, as shown on page _______, for the project known as Fleet Financial Center, Inc.

 

47.  Conditional Utility Agreement, as shown on page _______, for water and sewer services for the following: Lakeside Fellowship UMC; Orlando Lake Forest Joint Venture (2); and MAG Development Co.

 

48.  Bill of Sale, as shown on page _______, with Centex Homes for the project known as Magnolia Plantation Phase 3.

 

49.  Bids as follows:  PS-5106-01; RFP-4133-01; RFP-4134-01; B/D-276 and RFP-4125-01.

 

 

Sheriff’s Consent Agenda

 

     Motion by Commissioner Morris, seconded by Commissioner Henley, to approve and authorize expenditure in the amount of $16,750 from the Law Enforcement Trust Fund to provide funding for the “Good Student Incentive Program” for Seminole High Schools and the Seminole Community College Scholarship Program.

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

-----

 

Chairman McLain recessed the meeting at 10:35 a.m. and reconvened at 10:50 a.m.

Regular Agenda

 

     Meloney Lung, Support Services Manager, addressed the Board to request direction on the disposition of the Florida Power & Light Building.  She reviewed the four options identified by staff.  She reported that the School Board had no interest in the building.  She said she has spoken with Larry Dale at the Orlando-Sanford Airport and he indicated that currently the Airport does not own the property but expects to close within the next 10 days.  She said staff is recommending Option #2 to reject all bids and exchange the FP&L Building for a long-term (99 years) lease with Orlando-Sanford Airport Authority in exchange for property to house a Public Works materials storage yard.

     Commissioner Maloy discussed with Ms. Lung if modifications would need to be made to the Airport property, if it is big enough, and the access to the property.  Chairman McLain asked what would the County need to do to make the roadway accessible.

     Ira Burrows, Road Operations and Stormwater, addressed the Board to state he looked at the site on Friday and understand that Moore’s Station will need some minor work, but Richmond and Cameron roads are in much better condition.  He said if the Board approves Option 2 and FAA approval is granted, there would be a phase-up program with Public Works.  The wetlands would also have to be delineated.  This phase-in would tie in closely with the construction process of the new extension of Silver Lake Drive, and he thinks that would help with the transportation issues.

     Commissioner Van Der Weide discussed with Mr. Grace the kind of approvals that would be needed.  Mr. McMillan also stated a land swap resolution would have to come back to the Board and be advertised.

     Commissioner Van Der Weide questioned what are the benefits of a lease over giving away the building, and what are the ramifications of each.  Mr. McMillan stated he had not seen the terms of the lease, but that option is what was presented to the County.

     Tony VanDerworp, Sanford City Manager, addressed the Board to state the property is in the City’s master plan as multiple-family residential.  The City owns a parcel to the north of the building and in order to build condominium type projects, they would also need the FP&L property to make it viable.  He explained that the City would demolish the building and make the property available for private development.  He advised the City is interested in getting the property on the tax rolls.  The City Commission gave him direction on December 10, 2001 to proceed to work out a swap to get the property; and the Orlando-Sanford Airport Authority gave authorization to proceed with negotiations on December 4, 2001.

     Upon request by Commissioner Henley, Kevin Spolski addressed the Board to state his plans for the property was to demolish the FP&L building and construct a first-class office structure. 

     Commissioner Morris stated the issue is what is the best value for the County.  He doesn’t agree with the fundamental proposition that the property was bought for $290,000 in 1994 and now in 2002 the property is being sold for $69,000.  He said the County taxpayers would be ill served by this occurring.  He thinks there are a lot of reasons for devaluation, but not to this extent.  This is basically lakefront land and would be a very valuable commercial section.  He stated Mr. Spolski raised some very good questions in his letter to him on January 4, 2002 (copy received and filed). 

     Commissioner Morris suggested taking a 60-day period to see what the full ramifications are of the questions raised by the Commissioners about the potential exchange with the City of Sanford and, if Mr. Spolski would stay in abeyance during that time, the County could see what the proposition by the City of Sanford would look like and see if FAA approval could be obtained.  He discussed that if Mr. Spolski tears the building down, he would have more associated costs than if the County did that.  Discussion ensued regarding the demolition of the building and removal of asbestos. 

     Chairman McLain said maybe the thing to do is to consider moving forward with tearing the building down and get some answers from the City of Sanford and Airport on the lease, and ask if Mr. Spolski is interested in leaving his offer on the table until this is accomplished.  Whereupon, Mr. Grace said if the County does that, this would take away some of the value of the swap with the City of Sanford.  However, Chairman McLain said the City could reimburse the County for the cost of demolishing the building.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to proceed with Chairman McLain’s recommendation.

     Commissioner Van Der Weide stated one of the things for staff to report on is what would be the County’s cost to use the landfill compared to Mr. Spolski’s figures.

     Commissioner Morris said if they give this a 60-day horizon, that would mean coming back at the first meeting in March for a formal adoption, if they move forward with the City of Sanford, or they would have a review of the Spolski proposal.  Staff should have a waiver on the landfill issue by that time.

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

-------

          Ian Ratliff, Development Review, addressed the Board to request approval of the list of projects eligible for funding through the Florida Gas Transmission Line Tree Replacement Funds.  The list of proposed projects compiled by staff was received and filed.  Mr. Ratliff said he received some revised information since the agenda preparation, which shows a different estimated cost for the Kewannee Park and Trails exotic tree removal, and two new trail projects were added.  Further, he advised several of the projects are based on preliminary estimates, which, if actually funded, the actual construction cost may be slightly higher or lower.  He asked for Board direction on which projects to fund.  Mr. Ratliff reviewed the changes.

     Commissioner Henley questioned that the use of funds is limited to the purchase and installation of trees.  He asked how could signage be done under that.

     Development Review Manager, Mahmoud Najda, distributed copies of the revised list of proposed projects (copy received and filed).

     Upon review, Commissioner Morris said the list is dramatically changed.  He doesn’t think any of the money should go to the Markham Regional Water Plant, as he thinks this would be an inappropriate use.  He recommended taking the suggested funding of $58,635 and apply the reserve funds to the Crossings and Rinehart Trail, then he thinks there would be enough money to landscape the long corridor that is barren. 

     Commissioner Maloy said his thinking was that since the funds came from a utility-related item being put in that destroyed trees, the money should be applied to areas where utilities have destroyed other things and benefited.  He said that is a very desolate area where the power lines are going in.  It does bother him to see installing signs on the list of projects.  He was looking at some of the more desolate areas of the County to be on the list.  He said the Oviedo Site Storage just outside of Oviedo is hideous. 

     Motion by Commissioner Morris, seconded by Commissioner Henley, that the Geneva Wilderness, Chuluota Wilderness, and Markham Regional Plant funds be put into the Reserve Fund and that fund, to what extent it needs to, would cover the entire length of the Crossings and Rinehart Cross Seminole Trail portion and cover the Oviedo Site Storage.

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

County Manager’s Briefing

 

     Jamie Croteau, Administrative Services Director, addressed the Board to give an update on the Courthouse.  She introduced John Cunningham, HCI, and Matt Clear from HKS, who were in attendance.  She stated HCI and HKS have had numerous meetings with the future Courthouse occupants and County staff.  They have developed a schematic design package (and delivered that to the County) including the master site plan for the future buildout of the vacant property at Five Points, a site plan for the new Criminal Justice Facility, and suggested elevation for the new facility.  She advised that Mr. Cunningham and Mr. Clear are in the process of completing an estimate and it should be done by the end of January.

     John Cunningham addressed the Board to show and explain the schematic design plans submitted (copies received and filed).

     Commissioner Morris asked to see how the back of the building would look.  He discussed the yellow color of the building.  Ms. Croteau advised that a final selection has not been made of the materials that would be used.  That will be done during the design development process.  She said staff would be happy to take input from the Board on that. 

     Chairman McLain said they need to get the rest of the elevations and site line so they can see what kind of impact that will have on the Community College and take that into consideration. 

     Ms. Croteau said the decision on the colors would be made in about 30 to 60 days. 

     Mr. Cunningham said yellow is not the actual color, but they are trying to create less formality in the formal organization. 

     Commissioner Van Der Weide stated he thinks the building design is beautiful.  He shares the concern of Commissioner Morris relative to the visibility of the college campus.  He said they may have to readdress this after they see the line of sight.  He noted that the tower needs to be presentable as it will be seen from the College front and back.

     Mr. Cunningham stated they will come back with site line drawings.

-------

     Colleen Rotella, Planning, addressed the Board to request Board direction relative to the Natural Lands Program Status and Prioritization of Remaining Funding regarding (1) Continuation of negotiations and/or reallocation of funds from the 1990 Bond Referendum; and (2) Board consideration of new sites recommended by the Natural Lands Committee for the 2000 Bond Referendum.  The Briefing Booklet was received and filed.  Ms. Rotella also distributed a Program Summary sheet, which was received and filed.

     Upon inquiry by Chairman McLain, Commissioner Van Der Weide stated he still has interest in the Wekiva Marina, but he doesn’t think they can continue to hold that funding hostage.  He doesn’t see any flexibility at this point with the owners.  He said he is willing to reallocate the full amount and still express interest in the Marina in the future.

     Chairman McLain stated the consensus of the Board is to remove the funding of $1,500,000 for the Wekiva Marina.

     Ms. Rotella stated the staff recommendation for the Flagler Trailhead is, if they maintain the funding, to define it for a period of time.  Whereupon, Chairman McLain suggested giving the owners 60 days to make a decision and then reallocate the money.  Commissioner Morris concurred.  The Board had no objections.

     Regarding Spring Hammock, Ms. Rotella said staff is at an impasse with the owners relative to price, and she is requesting that if the County holds onto the funding or continues the negotiations, the Board give direction to staff for the owners that they have a defined period of time.  Whereupon, Commissioner Morris stated to give the owners 60 days and bring this back to the Board.  The Board had no objections.

     Ms. Rotella conveyed the request of the Natural Lands Committee for staff to recommend to the Board that if any funds are reallocated, those funds go back to future properties.  The Board had no comments.

     Ms. Rotella stated staff is in the process of negotiating for the Pineloch/Caruso project.  Staff will apprise the Board within the next 30 to 60 days as to the appraised values.  She said she will report back to the Board on the allocation as staff is not prepared for the Board to give direction at this time. 

     Commissioner Morris gave comments on the Yeager/Jetta Point, stating the land potentially has three purposes--for preservation land, a good recreational use, and a commercial frontage which the City of Winter Springs has asked the County to keep on the tax rolls.  Also, one house on the property has good value. 

     Commissioner Maloy discussed with Commissioner Morris the letter from Winter Springs where the City indicated they were not interested in partnering on this project because of the tax issues.  Commissioner Morris said he thinks the County would want to bring in the City on the maintenance and associated costs of the property.  Commissioner Maloy said he thinks they should go back to Winter Springs with an alternative idea and still look at the property for a possible joint acquisition.  However, Commissioner Morris said he doesn’t think there could be a joint acquisition because he thinks the City is over tapped, but maintenance is a possibility.

     Chairman McLain asked Commissioner Morris to work with the staff and pursue this for the Board and report back.

     Commissioner Morris said he does think staff should be authorized to move forward.  He commented on the return value to the County and said this is prime land.  Commissioner Van Der Weide said the Board could determine the design standards for the commercial.  Commissioner Henley said he would support the project with the concept of making up the cost of the land with the uses, and there is return potential with the commercial.

     Chairman McLain stated that, with no objections, staff will move forward with this concept and Commissioner Morris will report back to the Board.

     Upon inquiry by Commissioner Maloy, Commissioner Morris stated they would have to buy with Natural Lands funds those portions that will be used for natural lands and use other sources of revenue for the other portions of the property.

     Chairman McLain stated that the amount under Future Sites will now be $2.5 million. 

     The Board had no other questions or comments.

-------

     Chairman McLain recessed the meeting at 11:55 a.m., reconvening at 1:30 p.m., with all Commissioners (Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to accept the Proofs of Publication for this meeting’s scheduled public hearings. 

     Districts 1, 3, 4 and 5 voted AYE. 

REQUEST TO VACATE & ABANDON,

Douglas J. Fletcher

 

     Proof of publication, as shown on page _________, calling for a public hearing to consider a request to vacate and abandon a portion of the 20-foot wide platted drainage easement located on Lot 15, Capri Cove at 599 Milano Court, Douglas J. Fletcher, received and filed. 

     Planner, Cynthia Sweet, addressed the Board to present the request, advising the applicant plans to construct a pool with an enclosure that will encroach into the platted easement.  Vacating that portion of the drainage easement is necessary to prohibit a potential cloud on the title.  She further advised the staff recommends approval of the request. 

     Upon inquiry by the Chairman, Douglas Fletcher, applicant, advised he has nothing to add to Ms. Sweet’s presentation. 

     No one else spoke in support or in opposition. 

     District Commissioner McLain recommended approval of the request. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-4, as shown on page ________, vacating and abandoning a portion of the 20-foot wide platted drainage easement located on Lot 15, Capri Cove at 599 Milano Court, as described in the proof of publication, Douglas J. Fletcher. 

     Districts 1, 3, 4 and 5 voted AYE. 

REQUEST TO VACATE & ABANDON,

Terry & Leigh Garzon

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of drainage easement on the southeastern property boundary of Lot 9, Antigua Pointe located off Tuskawilla Road, ¼ mile north of Aloma Avenue, Terry & Leigh Garzon, received and filed. 

     Planner, Shannon Suffron, addressed the Board to present the request, advising the vacate is to accommodate a pool deck.  She stated staff recommends approval of the request. 

     Commissioner Morris entered the meeting at this time. 

     District Commissioner Maloy questioned if staff had reviewed this to make sure it would not cause any drainage problems for the abutting neighbors. 

     Ms. Suffron advised that would not be an issue. 

     Upon inquiry by Chairman McLain, Terry Garzon, applicant, addressed the Board to state he has no additional comments. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-5, as shown on page _______, vacating and abandoning drainage easement on the southeastern property boundary of Lot 9, Antigua Pointe located off Tuskawilla Road, ¼ mile north of Aloma Avenue, as described in the proof of publication, Terry & Leigh Garzon. 

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

CHAIRMAN’S REPORT

 

     Chairman McLain distributed a list of Liaison Appointments for 2002.  Copy was received and filed. 

     The Chairman stated Commissioner Henley advised him that the School Readiness Coalition Council is a Board appointment and that Commissioner Henley has agreed to serve. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Commissioner Henley to the School Readiness Coalition Council. 

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

DISTRICT COMMISSIONERS’ REPORTS

 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve the following appointments: 

ANIMAL CONTROL BOARD - Kathleen Prince for a 1-year term ending January 1, 2003; and adopt appropriate Resolution #2002-R-6, as shown on page _______, commending Anthony Mujic for his service on same. 

 

HISTORICAL COMMISSION - Don Epps for a 2-year term ending January 1, 2004. 

 

PARKS & RECREATION ADVISORY BOARD - Tom Artingstall for a 1-year term ending January 1, 2003; Jane Harrison for a 1-year term ending January 1, 2003; and adopt appropriate Resolution #2002-R-7, as shown on page _______, commending Lois Fairbrother for her service on same. 

 

TRAIL & GREENWAY TASK FORCE - Wally Hill, Bill Fernandez & Pat Burkett for a 2-year term ending January 1, 2004.

 

     Under discussion and upon inquiry by Commissioner Henley, Mr. Grace requested the Board delay appointments to the Building boards at this time. 

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

-------

     Commissioner Henley expressed his appreciation to DCM Sally Sherman, Don Fisher and his Aide, Gretchen Walker, for resolving some district issues during his absence. 

-------

     Chairman McLain requested the Board approve his District 5 appointments. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint the following: 

PLANNING & ZONING COMMISSION - Beth Hattaway to fill the remaining term of Grey Wilson; and to adopt appropriate Resolution commending Grey Wilson for his service on same. 

 

CODE ENFORCEMENT BOARD - Jean Metts

 

TRAILS & GREENWAYS TASK FORCE - Cindy Gennell & Mike Martin

 

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

-------

     Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint the following: 

ANIMAL CONTROL BOARD - Chris LaSage for a term ending January 1, 2003.

 

HISTORICAL COMMISSION - Lorraine Whiting for a term ending January 1, 2004; and Ben Wheeler for a term ending January 1, 2003.

 

PARKS & RECREATION ADVISORY BOARD - Bill Daniel & Mark Clifford for terms ending January 1, 2003.

 

TRAILS & GREENWAYS TASK FORCE - Tony Shahnamni & Tony Tizzio for terms ending January 1, 2004. 

 

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

 

-------

     Commissioner Maloy advised he attended the opening of the Casselberry Dental Clinic located at 132 Sausalito Boulevard and was very impressed with the offices and the cooperation between staff and the Orange County Health Department. 

-------

     Commissioner Maloy advised UCF is going through their five-year growth plan and have made a couple positive changes.  One is an interest in redevelopment for residential housing on the campus itself and the other is an interest in doing the laser services with LYNX. 

-------

     Commissioner Maloy briefly updated the Board on the Tollos disabled transportation case with LYNX, advising Ms. Tollos has made application through the appeal process.  The new LYNX provider for the A+ service will provide the service and the issue should be taken care of. 

-------

     Motion by Commissioner Morris, seconded by Commissioner Henley to appoint the following: 

ANIMAL CONTROL BOARD - Bonnie Carillon for a 1-year term.

 

LIBRARY ADVISORY BOARD - Stan Bessmer for a 2-year term.

 

SEMINOLE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - Tom Green to fulfill the remainder term to January 1, 2003; and adopt appropriate Resolution #2002-R-8, as shown on page _______, commending Greg Stubbs for his services on same. 

 

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

 

-------

     Commissioner Morris passed around a Concept Plan (received & filed) of the Central Florida Loop for the Greenway & Trail System. 

--------

     Commissioner Morris requested Board permission for minor expenses to attend the National Trail Symposium at the Greenlefe Resort in Haines City.  He stated the Florida Office of Greenways & Trails is hosting the conference and has asked him to be fundraising chair.  The Board voiced no objections to Commissioner Morris attending the symposium. 

-------

     Commissioner Morris requested changing the name of CR 427 to Ronald Reagan Boulevard or Parkway.  Copy of letter from Maggie Ketchum, Seminole County Addressing, regarding CR 427 was received and filed. 

     Mr. Grace stated he will evaluate same and report back to the Board. 

-------

     Commissioner Morris noted that there seems to be a lot of new apartments being built in Seminole County.  He requested the Board direct staff to come back with options regarding incentives for converting land use changes/zoning from apartments to condos or townhouses. 

     Commissioner Van Der Weide stated he thinks this is a great idea.  The Board voiced no objections to staff evaluating this and reporting back to the Board. 

-------

     Commissioner Morris discussed the programming for SGTV and suggested that more information be provided by each department to explain what services are offered. 

-------

     Commissioner Morris discussed the potential expansion of the Rest Area in Longwood on I-4.  He advised he has met with the FDOT and they are going to hold off right now and look to the north. 

     Chairman McLain stated he has asked Mr. Grace to prepare a memo to the Board detailing the effort the County has taken with regard to this matter.  He said he believes it is appropriate for the Board to take a position on this issue at this time. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to send a letter to the FDOT requesting them to remove the Rest Areas in Longwood on I-4 to a more rural location; however, if the FDOT sees the need to keep them at that location, request that they do not expand them or change the existing location of the semi-truck parking. 

     Under discussion, Commissioner Morris stated that if the Rest Areas are to be closed, he would like to see if Seminole County has a use for the property. 

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

-------

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint the following: 

ANIMAL CONTROL BOARD - Dr. Stephen Wiseman for a 1-year term

 

BOARD OF ADJUSTMENT - Mike Hattaway for a 4-year term.

 

HISTORICAL COMMISSION - Cecil Tucker for a 2-year term.

 

LIBRARY ADVISORY BOARD - Kendra Juge for a 2-year term.

 

PARKS & RECREATION ADVISORY BOARD - Ben Tucker & William Kinane for 1-year terms.

 

TRAILS & GREENWAYS ADVISORY COMMITTEE - Roger Cooper, John Penny & Wiley Dykes, Sr.

 

SEMINOLE COUNTY PORT AUTHORITY - David Knickerbocker as a rotating appointment for a 4-year term ending January 1, 2006; and adopt appropriate Resolution #2002-R-10, as shown on page _______, commending Janet Hawkins for her services on same. 

 

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

COMMUNICATIONS AND/OR REPORTS

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

1.          Letter dated December 14, 2001 from Mike Hattaway, Board of Adjustment Chairman, to Chairman Re: Board of Adjustment procedures.  (cc:  Board, County Manager, Deputy County Managers, Planning & Development Director, Planning Manager)

 

2.          Copy of letter dated December 12, 2001, from Mahmoud Najda, Development Review Manager, to Hugh Harling, Harling Locklin & Assoc., Re: post construction status of Osprey Lakes SD Ph. I.  (cc:  Board, County Manager, Deputy County Managers, Planning & Development Director, Planning Manager)

 

3.          Copy of letter (with attachments) dated December 6, 2001, from James P. Berko, Seminole Community Mental Health Center Director, to FL State Representative Jim Kallinger Re: Seminole Children’s Village for Abused and Neglected Children. (cc:  Board, County Manager, Deputy County Managers)

 

4.          Letter (with attachments) dated December 11, 2001, from Cynthia Porter, Deputy City of Sanford Clerk, to Kevin Grace, County Manager, Re: Sanford Ordinance 3681, annexation of property between Central Florida Greeneway and Rinehart Rd., and between Towne Center Blvd. and I-4.  (cc:  Board, Planning & Development Director, Planning Manager, Supervisor of Elections, Property Appraiser)

 

5.          Letter dated December 10, 2001, from William H. Runge, DDS, to Chairman Re: flag pole at First St. and Palmetto Ave., Sanford. (cc:  Board, County Manager)

 

6.          Letter dated December 4, 2001, from Clayton H. Wilder, FDLE Community Program Administrator, to Chairman Re: County DUI Prosecution Initiative III project. (cc: Board, County Manager, Sheriff’s Office)

 

 7.  Copy of letter (with attachment) dated December 11, 2001 from Matt Chesler, Cable Franchising Program Manager, Thomas O’Hanlon, Oviedo City Council Chairman, Re: educational channel throughout Seminole County. (cc:  Board)

 

 8.  Fax transmission dated December 14, 2001 from Dennis Joyner, Deputy Supervisor of Elections, to Chairman Re: February 28th FSASE Canvassing Board workshop. (cc: Board, County Manager)

 

 9.  Memorandum (with attachment) dated December 7, 2001 from Ray Valdes, Tax Collector, to Chairman Re: AAA distribution reversal for tangible personal property tax rolls. (cc: Board, County Manager, Deputy County Managers, Economic Development)

 

10.  Copy of letter dated December 9, 2001 from Robert P. Morris, Crystal Creek HOA, to Commissioner Randy Morris Re: complaints resulting from CR 427 road widening project. (cc: Board, County Manager, Public Works Director)

 

11.  Copy of letter (with attachment) dated August 30, 2001 from Byron Brooks, Lynx Executive Director, to Commissioner Grant Maloy Re: A+ Link transportation services. (cc: Board, County Manager, Deputy County Managers)

 

12.  Copies of letters of appreciation dated December 10, 2001 from Kenneth M. Roberts, Public Safety Director, for donations to Animal Services, to: Cornelia Dietzel, Billy Yawn, Gloria Howard, Constance Cleary, and Dandie Rescue.

 

13.  Parks & Recreation Contracts for Services, as shown on page ________, for: Robert Jackson; Martin Koller; Kipling Sanders; Erik Pettersson; and Timothy Hunter.

 

14.  Memorandum dated December 11, 2001 from W. Keith Roark, Road Project Acquisition Manager, through Henry M. Brown, Assistant County Attorney, to Maureen Landgraf, Analyst, Re: expedited engineering services for CR 427 Ph. I. (cc: Board)

 

15.  Fax transmission dated December 4, 2001 from Ronald W. McLemore, City of Winter Springs Manager, to Chairman Re: opposition of the Winter Springs City Commission to the sale of 100% of the Jetta Point property for Natural Lands program. (cc: Board, Planning & Development Director, Planning Manager)

 

16.  Fax transmission dated December 3, 2001 from Oviedo City Clerk to Chairman Re: agenda for December 3rd Oviedo City Council meeting. (cc: Board, County Manager, Deputy County Managers, Planning & Development Administration, Planning Manager)

 

17.  Copy of memorandum (with attachments) dated December 3, 2001 from Jack Wert, Tourism Director, to Board Re: tourism industry information. (cc: Board)

 

18.  Copy of letter (with attachments) dated December 14, 2001, from Bradley T. Stevenson, Harling Locklin & Assoc., to Matt West, Planning Manager, Re:  Reimbursement of ROW Vacate Application Fee for David Rowland, Ohio Ave.  (cc:  Board)

 

19.  Press release dated December 17, 2001 from Orlando Sanford Int’l. Airport  Re: New Bomb Dogs at Airport.  (cc:  Board, County Manager, Deputy County Managers)

 

20.  Letter (with attachments) dated December 14, 2001, from Cynthia Porter, Deputy City of Sanford Clerk, to Kevin Grace, County Manager, Re: Sanford Ordinance 3683, annexation of property between Ross St. and E. Airport Blvd. and between Bailey St. and Sanford Ave. (cc:  Board, Planning & Development Director, Planning Manager, Supervisor of Elections, Property Appraiser)

 

21.  Letter (with attachments) dated December 18, 2001, from Cynthia Porter, Deputy City of Sanford Clerk, to BCC Re: Sanford Ordinance 3693, annexation of property between Seminole Blvd. and Celery Ave. and between Brisson Ave. and May River Ct.  (cc:  Board, Deputy County Manager, Planning & Development Director, Planning Manager, Supervisor of Elections, Property Appraiser)

 

22.  Letter (with attachment) dated December 14, 2001, from Quentin L. Green to BCC Re:  support for paving of remaining 1.4 mi. of Brumley Rd. and alternative surface treatment to unpaved roads.  (cc:  Board, County Manager, Deputy County Manager, Public Works Director, Jim Beach-Roads)

 

23.  Copy of letter (with attachment) dated December 14, 2001, from Cynthia Porter, Deputy City of Sanford Clerk, to BCC Re: Sanford Ordinance 3684, annexation of property between Lake Monroe and Narcissus Ave. and between Power Rd. and N. Kennel Rd. (cc: Board, Deputy County Manager, Planning & Development Director, Planning Manager, Supervisor of Elections and Property Appraiser)

 

24.  Copy of letter dated December 3, 2001 from Luis C. Morse, FL Dept. of Elder Affairs, to Chairman Re: Elder Ready Communities & Elder Friendly Businesses Program. (cc:  Board, County Manager, Deputy County Managers, Elder Affairs-Sheriff’s Office with attachments, Elder Affairs-State Attorney Office)

 

25.  Copy of letter dated December 18, 2001, from Commissioner Randy Morris to Robert P. Morris, Crystal Creek HOA, Re:  CR 427 Project Ph III & IV.

 

26.  Letter dated December 13, 2001 from Commissioner Cindy Gennell, CALNO Chairman, Re: request for BCC support of an Educational Channel throughout Seminole County. (cc:  Board, County Manager, Deputy County Managers, SGTV-Matt Chesler)

 

27.  Letter dated December 21, 2001 from Debby Weage, Community Association Manager for Danbury Mill HOA, to Chairman Re: support for 4-laning of entire road widening project on Lake Emma Rd.  (cc:  Board, County Manager, Deputy County Manager Frank, Attorney Lynn Vouis)

 

28.  Letter dated December 26, 2001, from Diane Pickett, Time Warner, to Chairman Re: programming changes.

 

29.  Copy of letter dated December 13, 2001, from W. William Schneeman, Lynx, to Nadine Tolos Re: A+ Link cab service for family member during grievance process.  (cc:  Board, County Manager, Deputy County Managers)

 

30.  Copy of letter (with attachment) dated December 18, 2001, from Byron W. Brooks, Lynx Executive Director, to Robert Sharpe, Medicaid Administrator, Re: request for increase in rate of reimbursement for Medicaid transportation services.  (cc:  Board, County Manager, Deputy County Managers)

 

31.  Copy of letter dated December 26, 2001, from Matt Chesler, Cable Franchising Program Manager, to Diane Pickett, Time Warner, Re: Emergency Alert System (EAS).  (cc: Board)

 

32.  Copy of memorandum dated December 28, 2001, from Bob Briggs, Environmental Svs. Finance Manager, to Sandy McCann, Recording Secretary, Re: Submissions into County Records.

 

33.  E-mail dated January 4, 2002, from Dave Ellis to Board of County Commissioners RE:  legalizing marijuana.  (cc:   Board, County Manager, DCM/Frank, DCM/Sherman, Health Department.

 

34.  Copy of letter dated January 3, 2002, from Kenneth M. Roberts, Public Safety Director to Arthur Whitehill RE:  Appreciation for recent donation.

 

35.  Copy of letter dated December 28, 2001, from Melody H. Fennel, U.S. Department of Housing and Urban Development, to BCC Chairman RE:   Community Development Block Grant and Emergency Shelter Grant funds award.  (cc:   Board, County Manager, DCM/Frank, DCM/Sherman, CDBG).

 

36.  Copy of e-mail from Christopher P. Doolin to Daya Devi-Doolin RE:  Keith Claiborne swimming lessons.  (cc:  Board, County Manager, Planning & Development/Administration, Comprehensive Planning Manager)

 

37.  Letter from Mr. & Mrs. Daniel Charles to BCC Chairman RE:  Keith Claiborne swimming lessons.  (cc:  Board, County Manager, Planning & Development/Administration, Comprehensive Planning Manager)

38.  Facsimile dated January 4, 2002 from the City of Oviedo to BCC Chairman RE:  Oviedo City Council Agenda.  (cc:   Board, County Manager)

 

39.  Notice of Public Hearing on January 14, 2002 from the City of Sanford RE:  Annexation of 2.16 acres between S.R. 46 and Smith Canal Road and between Sewell Road and Rinehart Road. (cc:   Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Zoning Manager, Comprehensive Planning Manager)

 

40.  Notice of Public Hearing on January 17, 2002 from the City of Casselberry RE: Land Use Change for the Diocese of Orlando. (cc:   Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/ Administration, Zoning Manager, Comprehensive Planning Manager)

 

41.  Notice of Public Hearing on January 17, 2002 from the City of Casselberry RE: Land Use Change for U.S. Home Corporation.  (cc:   Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Zoning Manager, Comprehensive Planning Manager)

 

42.  Notice of Public Hearing on January 17, 2002 from the City of Casselberry RE: Land Use Change for Wal-Mart Stores East, Inc.  (cc:   Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/ Administration, Zoning Manager, Comprehensive Planning Manager)

 

43.  Copy of Memorandum dated December 28, 2001 from Florida Department of Transportation RE:  Proposed Work Program Amendments.  (cc:   Board, Public Works Director)

 

COMMITTEE REPORTS

 

     Commissioner Van Der Weide clarified that the Executive Committee of MetroPlan (MPO) has not met nor has it made a decision on commuter rail.  He advised there is a MPO workshop scheduled tomorrow at Alaqua Country Club. 

CHAIRMAN’S REPORT, CONTINUED

 

     Chairman McLain advised that he has received a request from United Arts for the Board to appoint someone to their Standards & Allocations Committee, and that Bruce McMenemy of the Clerk’s Office has expressed an interest in serving. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint Bruce McMenemy to the Standards & Allocations Committee for United Arts. 

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

-------

     Commissioner Maloy advised he is unable to attend the Wastewater Transmission Authority meetings because they are held on Thursdays.  He said he knows there was a back-up staff person attending on his behalf. 

     Mr. Grace stated he will check on the back-up person to make sure someone is attending. 

     Chairman McLain stated he will work with Commission Maloy regarding this liaison appointment. 

-------

     Commissioner Henley reported that Seminole Vision has received notice of approval for their 501C(3) status. 

-------

     The Board, thereupon, recessed at 2:10 p.m., reconvening at 7:02 p.m., this same date, with all Commissioners (with Commissioner Morris being absent) 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.

SAND LAKE ROAD TYPICAL SECTION

     Continuation of a public hearing to consider the Typical Section and Alignment for the design of Sand Lake Road from Hunt Club Blvd. to SR 434, as described in the proof of publication.

     Jerry McCollum, County Engineer, addressed the Board to briefly review the proposed request.  He introduced Mike Mauller, Professional Engineering Consultants.

     Mike Mauller, Professional Engineering Consultants, addressed the Board to display slides of the proposed typical section.  He reviewed the following:  The Overview; Why Study Sand Lake Road; Evaluation Process; Preliminary Study and Recommended Improvements.  He stated the three main items of the Evaluation Process is Capacity, Traffic Operations and Safety.  He added from that evaluation process came study alternatives.  He reviewed two segments of the project and the recommended improvements. He advised they recommend a four lane typical section with a raised median that would provide a 16-foot raised landscaped median, two 12-foot travel lanes in each direction, bike lanes, a five-foot sidewalk on the north, and an eight-foot sidewalk on the south.   

     Discussion ensued between Mr. Mauller, Mr. McCollum and the Board relative to the existing and projected traffic volume; the level of service; if other lanes are going to be adjusted; the impact on Segment 1 and Segment 2, and how the County is dealing with the additional stormwater runoff.

     Commissioner Van Der Weide stated this will affect a tremendous amount of neighbors and he would be against taking out three homes for the retention ponds.  He stated he believes the County can work something out with the School Board.

     Clinton Tighe, 2260 Classic Ct., President of the Brantley Cove Homeowners Association, addressed the Board to state the concern he has in Brantley Cove is the entrance and the exit out of Classic Drive.  He stated he would like to know if the residents of Classic Drive would be allowed to turn east and whether coming east, residents could turn onto Classic Drive.

     Mr. McCollum stated this is the area staff has told the School Board that they will work with them.  He stated when the issue of access on the western end of the elementary school property is resolved with the School Board, that median will be opened up and there will be full access.

     Glenda Donovan, 208 Camden Road, addressed the Board to state she lives in Bonaventure Heights Subdivision and it is located on the south side of Sand Lake Road.  She stated her subdivision has septic tanks and well water.  She said she would like assurance from the County that their well water will not be contaminated.  She added when her subdivision was built, they anticipated that the three schools down the road would generate traffic noise so they made sure they had a generous setback from the road, but they did not anticipate that the County would allow developers to build on the north side within 15 feet of the sidewalk.  Consequently, all the land will be taken from the Bonaventure Subdivision.  She reviewed the traffic problems from Lake Brantley High School to the west from Forest City Elementary, as well as the three traffic lights in that area.  She stated backup of this traffic is a result of poor planning of the County engineers and School Board.  She said she would like to know what oversight could she expect from the County if this project goes forward. 

     John Goring, 2450 Pleasant Dr., addressed the Board to read his comments (received and filed) into the Record.  He stated he is the President of West Lake Brantley Homeowners Association and West Lake Brantley is one of the twelve cul-de-sacs that will be impacted by this project.  He referred to a head-on collision that occurred on April 4, 2000 shutting down traffic flow for 2 hours and none of the residents of the cul de sac communities could enter or exit their homes due to this accident.  He stated if an emergency had occurred during that time, the fire trucks or emergency vehicles would not have been able to enter into those areas.  He said there is only one fire hydrant serving the area and he would like four more hydrants added to this area.  Mr. Goring discussed the three traffic lights impeding normal flow of traffic and causing backups.  He requested that the County engineers time the lights to favor the bulk of traffic flow and not impede it.

     Commissioner Van Der Weide requested that Mr. Grace contact the fire department at Wekiva Springs Road and let them know that if an emergency comes up in that area, that they would be the closest fire department.

     Henry Peraldo, 209 Camden Road, addressed the Board to state he has lived in the area for 28 years and he has lived there way before Lake Brantley High and Forest City Elementary were built.  He stated the biggest problem is the traffic lights have caused all of these problems in the area.  He said the road is very poorly designed and the County does not put the turn lanes in to let the thru-traffic go where they belong.  He added there is no police protection at all in that area.  He discussed the school kids squealing their tires and kids going through there with open mufflers, school guards holding up traffic, the proposed right-of-way, and increasing the sidewalk.  He stated he would like to know why a 16 ft. median is needed when the project is going to run one mile.  He added that the students will not use the sidewalk on Sand Lake Road to walk to school.

     Mark Davis, 2460 Island Drive, addressed the Board to state he feels the County can save money by constructing a turn lane into Forest City Elementary on the south side and on the north side of Lake Brantley High School.  The County wouldn’t have to impact anyone else if they took those two properties. 

     Robert Campbell, 2431 Palmetto Drive, addressed the Board to discuss the escape route for the neighborhood if an emergency occurred. 

     Vince Davila-Aponte, 2306 Sand Lake Road, addressed the Board to state the school is the problem in the area and not the traffic volume.  He stated the residents do not have a problem getting home when the school is not in session.  He said suggestions have been made about putting turn lanes into the school and cooperating with the School Board and the City of Altamonte Springs in coming up with a joint venture in a combination of turn lanes rather than widening Sand Lake Road.

     Mr. McCollum stated the City of Altamonte Springs is studying extending or realigning the road into Jamestown and tying it into Sand Lake Road.  He stated relative to Palm Springs, the engineers have addressed a safety issue in that area but it wouldn’t be staff’s recommendation to try to put more traffic on this road because it cannot access SR 434 safely.

     Mr. Davila-Aponte stated the high school is the area where the problem is and by adding turn lanes traffic will not be accelerated.  He stated he feels that the only work that needs to be done is that area up to the western most entry to Lake Brantley High.  He suggested putting the telephone and power lines underground if a median is constructed there.

     Upon inquiry by Commissioner Van Der Weide, Mr. Davila-Aponte advised he doesn’t think the problem is on Sand Lake Road, and it could be resolved with intersection improvements and additional turn lanes.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Commissioner Henley stated there are a number of people here tonight indicating that they do not want the road widened.  He stated Seminole County has the largest high schools in the State and all of the traffic problems occur in a 15 to 30 minutes time frame.  It is suggested that the high school buses wait, but they have to make their run and most of them have to come back and pick up middle school and elementary school children.  The only solution is to spend tax dollars to buy buses for every grade level rather than using the buses to serve more than one grade level.  He stated he doesn’t think it is too much to wait 15 to 30 minutes to get those buses out.  He said he doesn’t feel that turn lanes will make a significant difference at the high school.  He suggested convincing the School Board to adopt a policy that would prevent the kids from  driving to school.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Typical Section #5 for Segment 1 and 2 of Sand Lake Road from Hunt Club Blvd. to SR 434, as described in the proof of publication.

     Under discussion, Commissioner Maloy suggested that when the roadway is under construction that staff make an incentive to get this project done early.

     Commissioner Henley stated he feels the 8 ft. sidewalks are a move in the right direction for safety concerns of the children.

     Upon inquiry by Commissioner Henley, Mr. McCollum advised if there is enough capacity for the water lines, fire hydrants will be put in.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE/Arthur Grindle

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from R-1AA (Single Family Dwelling) and A-1 (Agriculture) to R-1AAA (Single Family Dwelling District) and RC-1 (Country Homes District); property located on the west side of Little Lake Howell at the intersection of Lake Drive and Bird Road, Mark Crone on behalf of Arthur Grindle, Jr., received and filed.

     Amanda Smith, Planner, addressed the Board to advise the area to be rezoned is part of a parent tract that contains a total of 23 acres.  The remaining portion of the parent tract, comprising of 13.145 acres, is designated as wetlands.  She stated staff recommends approval of the proposed request.  The Local Planning Agency (LPA) recommended approval of the request subject to the following conditions:  (1) There shall be no boat launching facility to Little Lake Howell for the lots that do not front on Little Lake Howell; (2) The property’s primary access shall be from Bird Road; and (3) The development shall be consistent with Exhibit C, subject to the existing Florida Power easement.

     Mark Crone, representing Kingston Group, addressed the Board to state this request was originally heard by LPA in August 2000 and the design is a result of numerous meetings with the homeowner’s association.  In addition to design revisions, there is an agreement between the affected homeowners to the north and the current owner of the property in which numerous issues were addressed.  He briefly reviewed those issues.  He stated he believes the project meets the ingress and egress requirements and addresses the basic components of the Land Development Code.

     Attorney Carol Barice, 2800 Central Blvd., addressed the Board to state she represents the Lake Tuskawilla Homeowners Association and they are looking forward to a very high quality development on this property.  She stated she is grateful for having the opportunity to work with the developer and she believes this development will protect the quality of the lake. 

     Upon inquiry by Commissioner Maloy, Ms. Barice advised she would like Schedule C to be a part of the development order.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt Ordinance #2002-1, as shown on page ________, rezoning to R-1AAAA (Single Family Dwelling District) and RC-1 (Country Homes District); property located on the west side of Little Lake Howell at the intersection of Lake Drive and Bird Road, as described in the proof of publication, Mark Crone on behalf of Arthur Grindle, Jr., and approval of the Development Order, as shown on page ________.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE/Vince Leffler

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PUD (Planned Unit Development); property located north of SR 46 and east of Beardall Avenue, Vince Leffler, received and filed.

     Commissioner Maloy left the meeting at this time.

     Ms. Amanda Smith advised the Board approved the Large Scale Amendment in December 2001.  She stated the applicant has provided adequate buffer around the site and staff believes the applicant’s plan, as proposed, would not adversely impact the surrounding area. 

     Commissioner Maloy reentered the meeting at this time.

     Ms. Smith stated the LPA approved the request on 8/1/01 and staff recommends approval subject to their recommendations outlined in the agenda memorandum. 

     Chairman McLain stated staff is recommending changing recommendation #17 to “all truck traffic would be limited to the improvement along the property line and must exit to the south”. 

     Ms. Smith clarified that recommendation #2 should be M-1A, not M-1.

     Robert Henson, Design Service Group, addressed the Board to state he has no additional comments.  Letters from Mr. Henson relative to the changes were received and filed.

     District Commissioner McLain recommended approval with the minor changes as outlined.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2002-2, as shown on page _________, rezoning to PUD (Planned Unit Development); property located north of SR 46 and east of Beardall Avenue, as described in the proof of publication, Vince Leffler, and approval of the Development Order, as shown on page ________.

     Districts 1, 3, 4 and 5 voted AYE.

REVISIONS TO RED BUG LAKE VILLAGE PUD/PCD FINAL

MASTER PLAN/DEVELOPER’S COMMITMENT AGREEMENT

Harling Locklin & Associates

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider Revisions to Red Bug Lake Village PUD/PCD Final Master Plan and Developer’s Commitment Agreement, Harling Locklin & Associates, received and filed.

     Ms. Smith stated the proposed revisions would change the use for a portion of a 9.71-acre tract on the northeast corner of Red Bug Lake Road and Dodd Road from Office to Commercial uses, and would provide for an additional access point from Dodd Road to this tract.  She stated staff has no objections to the modification of uses from Office to Commercial on the tract.  The LPA recommended approval of the proposed revisions with the 16 conditions as outlined in the agenda memorandum.  In addition to the revisions, the applicant has submitted the proposed modifications:  (1) No drive-thru business shall be permitted, except Bank and Drug Store and must close at 10:00 p.m.; (2) There shall be a 6 ft. wide foundation landscape buffer between parking lots and building entrances; (3) All sides of buildings shall have uniform architectural style, detail, trim features, and roof treatments.  No side shall have the appearance of a loading/service area.  Quality of design shall be similar to “Shoppes at Oakmonte”; (4) Building facades shall include building step backs, offsets or projections, texture and/or material change, pattern change, etc., to provide visual interest.  Blank walls shall not exceed 20 ft. in a vertical direction or 50 ft. in a horizontal direction; (5) Roofs shall be hip or gable roofs.  No visible flat roofs.  Rooflines and features shall be consistent with the building mass and scale; (6) Development within Tract 2 shall comply with active/passive buffer standards where adjacent to Tract 1 (existing apartment site).  Minimum 25 ft. landscape buffer, except one 30 ft. radius drive, shall be permitted to encroach up to 10 ft.  A 6 ft. wall shall be required.  The wall shall match the design of the brick wall at Shadow Creek Apartments and should tie into existing brick columns. 

     Upon inquiry by Commissioner Maloy, Ms. Smith advised the proposed modifications would be part of the development order and staff does not have any objections to those modifications.  She stated staff would replace some of the recommendations as proposed by Mr. Cavanaugh.  She added staff recommendations 1 thru 10 would remain as well as LPA recommendations.

     At the request of Commissioner Maloy, Mahmoud Najda, Development Review Manager, addressed the Board to review the extra entrance at Dodd Road.  He stated staff is in agreement with the right-in but not the right-out.

     Commissioner Van Der Weide left the meeting at this time.

     Hugh Harling, Harling Locklin & Associates, addressed the Board to advise he is in agreement with all of staff recommendations.  He stated he has met with the Red Bug Coalition Homeowner’s Association and kept them apprised of everything.  He said he would like to request the ability to combine the grocery facility and drug facility located on the corner.  He added he will work with Mr. Cavanaugh to make sure that the architectural features are accomplished.  He stated he would like the flexibility to have that modified plan to come before staff without having a public hearing for this type of minor change.

     Upon inquiry by Commissioner Maloy, Mr. Harling advised the 6 ft. landscape buffer works very well and allows you to direct pedestrian traffic.

     Commissioner Van Der Weide reentered the meeting at this time.

     Upon inquiry by Commissioner Maloy, Mr. Harling advised if the Board allows them to combine the drug and grocery into one facility, as long as they meet the landscaping and the building architecture, that would be acceptable.

     Chairman McLain stated the applicant would like staff to approve that change without having an additional public hearing.

     Upon inquiry by Commissioner Henley, Ms. Smith advised staff has no objections to that.

     Tom Cavanaugh, 730 Bonnie Bear Street, addressed the Board to state he owns Shadow Creek Apartments.  He stated he feels it would be confusing having staff recommendations, LPA recommendations as well as his recommendations.  He said he would like the Board to make his letter of recommendations as the official letter into the developer’s agreement.  The only difference is the 6 ft. versus the 10 ft. and that is around the perimeter of the building only.  He stated the site plan shown this evening shows a big box site plan and it is different from the one he previously saw.  He said if the developer wants to come back and make a big box, he would like the opportunity to discuss the pluses and minuses of this issue.  He stated he cannot support this issue at this time.  A letter from Mr. Cavanaugh listing the modifications was received and filed.

     Chairman McLain stated staff would make sure that both parties are in agreement on this and if there isn’t an agreement, then it will come back to this Board.

     Commissioner Maloy stated if this change occurred, he would imagine other people would be interested in seeing the changes to that.  He stated he doesn’t think the Board would want to have a site plan approval tied to one person.

     Commissioner Henley stated he feels the Board needs to proceed with caution in creating the idea that a third party had veto power.  He stated he feels it would be worth it to have input and to try to work things out.

     Chairman McLain recessed the meeting at 8:55 p.m., reconvening at 9:09 p.m. to allow staff time to evaluate all three recommendations.

     Ms. Smith stated staff recommends approval of the following additional conditions:  (1) Final site plan shall be approved by the Board at a regular hearing; (2) There shall be safe pedestrian access from Red Bug Lake Road and Dodd Road to the project development;  (3) There shall be cut-off shoe box lighting or higher quality shall be utilized and shall not be higher than 16 ft.; (4) All side of buildings shall have uniform architectural style, detail, trim features, and roof treatments.  No side shall have the appearance of a loading/service area.  Quality of design shall be similar to “Shoppes at Oakmonte as currently developed”.  She stated staff recommends approval of these conditions as well as staff recommendations 1 thru 14.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Revisions to the Red Bug Lake Village PUD/PCD Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, as described in the proof of publication, Harling Locklin & Associates, with staff recommendations as outlined by Ms. Smith.

     Districts 1, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S REPORT   

     Sally Sherman, Deputy County Manager, addressed the Board to state staff is working with the Central Florida Sports Commission to bid for the United States Amateur Soccer Association headquarters to be relocated to Seminole County at the Lake Sylvan facility.  She stated staff is requesting approval for the Chairman to send a letter of support endorsing the bid proposal.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize Chairman to execute a Letter, as shown on page _________, of support endorsing the United States Amateur Soccer Association bid proposal.

     Districts 1, 3, 4 and 5 voted AYE.

-------

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:17 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

cc/slm/er