BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 23, 2001
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:38 a.m. on Tuesday, October 23, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Dick Van Der Weide (District 3)
Vice Chairman Randy Morris (District 2)
Commissioner Grant Maloy (District 1)
Commissioner Carlton Henley (District 4)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Commissioner Carlton Henley.
Commissioner Grant Maloy led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Morris, seconded by Commissioner McLain, to adopt appropriate Resolution #2001-R-178, as shown on page ________, commending Melvin B. Abney for his sixteen years of service to Seminole County, upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Abney, who expressed his appreciation to the Board, County staff and his co-workers.
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Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2001-R-179, as shown on
page _______, proclaiming the month of October as “Breast Cancer Awareness Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Anne Peach, CEO, M.D. Anderson Cancer Center, who expressed her appreciation to the Board.
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Port Authority Executive Director, Dennis Dolgner, addressed the Board to present a check in the amount of $300,000 to the Board, fulfilling their commitment made to the Board during the budget sessions.
County Attorney, Robert McMillan, advised of add-on, #16A, Dodd Road settlement agreements.
Commissioner Henley pulled, for a separate vote, the portion of Item #16A dealing with the Lake property, stating he wants more discussion on this item.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
3. Authorize Appeal to the Fifth District Court of Appeal
one expert witness reimbursement by Judge Nelson regarding Seminole County
v. Radosevic, et al. This
case went to trial in February and attorneys’ fees and cost reimbursements were
awarded by trial court on September 20,200l.
4. Approve and execute proposed Settlement Agreement, as shown on page _______, and Joint Facilitation of Erosion Control and Hold Harmless Agreements, as shown on page _______, with regard to Carmel By The Lake v. Seminole County. Agreements are with the Condominium Association and each Condominium Unit owner in building adjacent to Howell Creek relating to suit alleging the County’s failure to maintain Howell Creek adjacent to Carmel By The Lake Condominiums. Settlement involves construction of erosion control structures by the County utilizing grant money from State. The Condo owners and Condo Association hold the County harmless for construction related damages and each party bears their own attorney fees and costs.
Property Acquisition
5. Authorize Binding Written
Offers/Offers of Judgment on the following Lake Emma Road improvement project
parcels: Parcel Numbers 103/703; 104A/104B/104C; 105; 107/707; 108/708;
113/713/813; 114; 115/715; 116/716; 117/717; 119; 120/820; 121; 122; 123/723;
124; 125; 127; 129/729; 130; 131/731; 134/734; 738; 836.
6. Authorize Binding Written Offers/Offers
of Judgment on the following County Road 46A Phase III/Airport Boulevard Phase
III road improvement projects parcels: County Road 46A Parcel Numbers 117/717;
119; 123; 135/735 and 788. Airport Boulevard (County Road 46A - State Road 46)
Parcel Numbers 106/706A/706B; 107A/107B/707; 174A/174B and 175.
7. Authorize Binding Written
Offers/Offers of Judgment on the following Airport Boulevard Phase II road
improvement project parcels: Parcel Numbers 105; 106; 107; 108 (from U. S.
17/92 - County Road 46A).
8. Approve and execute Purchase Agreement, as shown on page _______, relating
to Parcel Number 114, Baggett property, of the County Road 46A Phase III road improvement project in the
amount of $22,000.00, with no attorney’s fees or expert costs incurred.
9. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 105, Summers property, of the Lake Emma Road improvement project in the amount of $1,000.00, with no attorney’s fees or expert costs incurred.
10. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 737, Orthodox Church of St. Stephen Protomartyr, of the Lake Emma Road improvement project in the amount of the County’s appraised value of $1,000.00, with no attorney’s fees or expert costs incurred.
11. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 128, Xenon Research, Inc., of the Lake Emma Road improvement project in the amount of the County’s appraised value of $522.00, with no attorney’s fees or expert costs incurred.
12. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 118, Chhay property, of the Lake Emma Road improvement project in the amount of the County’s appraised value of $836.00, with no attorney’s fees or expert costs incurred.
13. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 115, Senkarik property, of the County Road 46A Phase III road improvement project in the amount of $2,152.00, with no attorney’s fees or expert costs incurred.
14. Approve and execute Purchase
Agreement, as shown on page _______, relating to Parcel Number 739, Antar
property, of the County Road 46A Phase III road improvement project in the
amount of the County’s appraised value of $300.00, with no attorney’s fees or
expert costs incurred.
15. Approve and execute Purchase
Agreement, as shown on page ________, relating to Parcel Number 718, Curry
property, of the County Road 46A Phase III road improvement project in the
amount of the County’s appraised value of $300.00, with no attorney’s fees or
expert costs incurred.
16. Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 134, Velazquez property, of the County Road 46A Phase III road improvement project in the amount of $10,000.00, with no attorney’s fees or expert costs incurred.
Litigation
16A. (1) Approve settlement relating to Parcel Numbers 104/704A/704B, Scott property, of the Dodd Road improvement project, located at 1561 Dodd Road, in the amount of $170,000.00, exclusive of attorney’s fees and expert costs.
(2) Approve proposed settlement relating to Parcel Numbers 153/753/853, Potter property, of the Dodd Road improvement project, located at 1164 Dodd Road, in the amount of $58,000.00, inclusive of attorney and expert's fees and costs.
(3) Approve proposed settlement relating to Parcel Numbers 754/854, Evans property, of the Dodd Road improvement project, located at 1158 Dodd Road, in the amount of $25,500, inclusive of attorney and expert’s fees and costs.
(4) Approve proposed settlement relating to Parcel Numbers 145/745, Walter property, of the Dodd Road improvement project, located at 1308 Banner Court, in the amount of $41,900, exclusive of attorney and expert’s fees and costs.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Discussion ensued with regard to the request for settlement on the Lake property, Parcel #107/707 of the Dodd Road improvement project, located at 1560 Dodd Road, in the amount of $90,000.
Upon inquiry by Commissioner Henley, Assistant County Attorney, Lynn Vouis, addressed the Board to explain how the County’s initial offer of $12,625 has ended up with a request for settlement in the amount of $90,000. She advised the County will be closing a median opening and the property owner’s argument is that the closing is compensable.
Mr. McMillan advised this parcel is included in the pleadings and the project is scheduled to be done at the end of November. He added the project is already out on the streets.
Commissioner Henley stated he is uncomfortable with this, especially in light of the fact that the One-Cent Sales Tax has been renewed and this could set a precedent.
Motion by Commissioner Henley, seconded by Commissioner Morris to deny settlement relating to Parcel #107/707, Lake property, of the Dodd Road improvement project, located at 1560 Dodd Road, in the amount of $90,000, exclusive of attorney’s fees and expert costs.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman surrendered the gavel to the Vice Chairman, advising he will abstain from voting on Item #18, Certificates of Public Convenience and Necessity for various garbage companies, because he has a consulting contract with one of the companies.
Commissioner McLain stated he would like to pull Item #19, 2001 Sales Tax Revenue Bonds Resolution, for a separate vote.
County Manager, Kevin Grace, advised of add-on, Item #54A, Amendment to Covenant to Comply with The Hamlet.
Motion by Commissioner Henley, seconded by Commissioner McLain to approve and authorize the following:
21. BCR #02-2 – $317,250 – Library & Leisure Services – Library Services – Fund: 12804 – Library Impact Fee fund. To move Library Impact fees to the proper account lines to offset the cost of book purchases attributable to residential growth. Funds are restricted for this purpose.
22. Adoption of appropriate Budget Amendment Resolution #2001-R-181, as shown on page _______, $11,059 – Public Safety: 00100 – General Fund. To account for funds ($11,059) allocated by the State to enhance hazardous materials emergency preparedness and response capabilities. This Budget Amendment is contingent upon approval of corresponding item on the Public Safety agenda.
23. Adoption of appropriate Budget Amendment Resolution #2001-R-182, as shown on page ________, $50,000 – Public Works: 10101 – Transportation Trust Fund. Based on a contract between Seminole County and the Office of Greenways and Trails, approved by the Board of County Commissioners on January 9, 2001, the Office of Greenways and Trails will distribute a grant reimbursement of $50,000 to the County for trail construction within the Cross-Seminole Trail Corridor. This is the second $50,000 installment of a $100,000 grant.
24. Adoption of appropriate Budget Amendment Resolution #2001-R-183, as shown on page ________, $2,496,021 – Public Works: 10101 – Transportation Trust Fund. Based on a LAP Agreement approved by the Seminole County Commission on April 11, 2000, FDOT has made funding available for the design and construction of a pedestrian overpass over I-4 near Heathrow.
25. Adoption of appropriate Budget Amendment Resolution #2001-R-184, as shown on page ________, $1,674,973 – Public Works: 10101 – Transportation Trust Fund. Based on a LAP Agreement approved by the Seminole County Commission on May 9, 2000, FDOT has made funding available for the design and construction of a pedestrian/equestrian overpass over SR 434 in Winter Springs as part of the Cross-Seminole Trail.
26. BCR 02-3 – $141,322 – Public Works – Engineering – Fund: 10101 – Transportation Trust Fund. The County received a contribution in May 2001 from a developer for enhancements to the Cross Seminole Trail in the vicinity of the development. The contribution was made to FY 2000/01 revenues and is now part of fund balance forward. An accounting adjustment to transfer the funds from reserves is necessary in order for the work to commence.
27. Adoption of appropriate Budget Amendment Resolution #2001-R-185, as shown on page ________, $351,700 – Public Works: 13000 – Stormwater Fund. To recognize anticipated receipt of revenues from the Environmental Protection Agency – EMPACT Grant R-82932001-0 for enhancement of the Online Dynamic Watershed Atlas for Seminole County. Based on the approval of the BCC on 10/9/01, to accept the grant award from the EPA.
28. Adoption of appropriate Budget Amendment Resolution #2001-R-186, as shown on page ________, $503,968 – Public Works: 11500 – Infrastructure Tax Fund. To recognize anticipated receipt of revenues for city utility relocation projects pursuant to executed agreements. Utility projects include City of Longwood/CR 427 Ph. III/IV ($32,179); City of Lake Mary/CR 46A Ph. II ($193,516); City of Casselberry/Seminola ($67,331); City of Altamonte Springs/Douglas/Markham ($92,755); and City of Winter Springs/Tuskawilla Ph. III/IV ($118,187).
29. Adoption of appropriate Budget Amendment Resolution #2001-R-187, as shown on page ________, $568,623 – Public Works: 11500 – Infrastructure Tax Fund. To recognize anticipated revenues from the City of Altamonte Springs for utility relocations on CR 427 Phase I. Based on an agreement between Seminole County and the City of Altamonte Springs, approved by the Board of County Commissioners on January 27, 1998.
30. Authorization to schedule and advertise public hearings for the purpose of adopting a Resolution establishing Seminole County's intent to adopt the uniform method of collecting non-ad valorem assessments and to adopt the Consolidated Street Lighting District Ordinance. Request date of December 11, 2001.
31. Award FC-1164-01/BJC, Master
Agreements, as shown on page ________, for Miscellaneous Construction &
Renovations Projects with an estimated value of $100,000.00 or less including
emergencies, to Elizabethan Construction Services, Inc., Longwood;
Hunter-Nelson, Inc., Orlando; R. L. Haines Construction, Inc., Winter Park; and
Terra Firma, CMI, Orlando (Not-to-Exceed a combined total of
$2,000,000.00/year).
32. Award FC-1166-01/BJC Contract,
as shown on page ________, for the Markham Water Transmission Main Construction
Project, to Masci Corporation, Port Orange ($448,546.00).
33. Approve Change Order #7, as
shown on page ________, to FC-168-99/BJC - Tuskawilla Road - Phase III &
IV, with Bergeron Land Development, Inc., Kissimmee ($58,984.00) (Time
Extension).
34. Approve Amendment #1, as shown on page
________, to FC-1162-01/BJC - Bridge Rehabilitation 2002, with CPW Enterprises
d/b/a Cherokee Construction Co., Orlando ($12,000.00).
35. Award PS-578-00/BJC Contract, as shown on page
________, Construction Engineering and Inspection Services for Lake Mary
Boulevard – Phase III and East Lake Mary Boulevard/Silver Lake Drive Extension
Segment I, to AB/WCG – Joint Venture, Maitland ($959,291.35).
36. Approve Renewal #1 to PS-575-00/BJC – Flagler
Trail Surveying Services, with Southeastern Surveying & Mapping, Maitland
(November 30, 2001 through November 29, 2002) (Not-to-Exceed $70,000.00).
37. Award RFP-4121-01/BJC Contract, as shown on
page _______, Prosecution Alternative for Youth Program Counseling Agreement
(P.A.Y. Counselors Program) to Another Chance Counseling Center, Winter Park;
Central Florida Psychological Services, Sanford; Families in Recovery,
Longwood; Human Services Resources & Associates, Longwood; Quest Counseling
Centre, Altamonte Springs; and Robert A. Tango, Lake Mary (Not to Exceed
$62,000.00 per year).
38. Approve Second Renewal for
RFP-441-98/GG–Auctioneer Services Agreement with George Gideon Auctioneers,
Inc., Winter Springs, (Commission schedule: Vehicle Sales is 7.5% at
Auctioneer’s facility and 5.5% at County Facility; Miscellaneous Sales is 10.0%
at Auctioneer’s Facility; 7.5% at County Facility) (November 9, 2001 through
November 8, 2002).
39. Award RFP-4118-01/BJC Contract, as shown on
page _______, Billing and Collection Services for EMS Transport – Seminole
County EMS/Fire/Rescue Division, to Advanced Data Processing, Miami.
40. Award A/B-3036-00/GG – Mowing and Cleanup of
Surplus Locations, The Bon Terre Group ($54,144.00 for a two-year period).
43. Approve and authorize Chairman to execute a
Satisfaction of Mortgage, as shown on page _______, for Jason C. and Amy Fox
for down payment assistance under the SHIP Program’s Home Ownership Assistance
Program.
45. Adopt appropriate Resolution #2001-R-188, as
shown on page _______, to name an unnamed platted street segment off Heathrow
Boulevard, as Brampton Place.
46. Adopt
appropriate Resolution #2001-R-189, as shown on page ________, to rename
International Parkway South to South International Parkway.
50. Approve and authorize Chairman to execute the
Hazardous Materials Planning Agreement, as shown on page ________, with the
State of Florida.
Public Works
Engineering
51. Approve and authorize Chairman to execute the
Amendment to Interlocal Agreement, as shown on page ________, between Seminole
County and the City of Oviedo relating to certain city road improvement
projects for inclusion in the current County One-Cent Sales Tax Program (1991).
52. Adopt appropriate Resolution #2001-R-194, as
shown on page _______, accepting Quit-claim Deed, as shown on page _______,
from H. S. Musselwhite to Seminole County for property necessary for roadway
improvements to Line Drive.
Stormwater
53. Approve and authorize Chairman
to execute Sovereign Submerged Lands Easement, as shown on page _______,
between Seminole County, Carmel by the Lake Homeowners Association and the Board
of Trustees of the Internal Improvement Trust Fund of the State of Florida for
the Howell Creek Erosion Control Project.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide abstained from voting and filed Voting Conflict Form, as shown on page _______.
The gavel was returned to Commissioner Van Der Weide, who assumed the position of Chairman.
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Discussion ensued with regard to Item #19, 2001 Sales Tax Revenue Bonds, Series 2001.
Commissioner McLain stated he is concerned with the level of debt and the capability of the County providing the debt service for the bond issue.
Commissioner Morris stated the County has one of the lowest debt ratios in the State of Florida. He also stated the County received an upgrade in their bond rating because of its financial strength.
Commissioner McLain pointed out that staff’s analysis has indicated that the County will be in the red in the fourth or fifth year. He added that he does not have a problem with the bond rating, but with the size of the issue.
Commissioner Henley stated he respects both Commissioners’ comments. He said the Board has the choice to cut areas in the budget in order to pay for the debt service.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-180, as shown on page _______, which approves the sale of the 2001 Sales Tax Revenue Bonds, Series 2001; authorizes the distribution of the Preliminary Official Statement and delegates to the Chairman, County Manager, and the Clerk of the Court, the ability to approve the issuance of sales tax revenue bonds not to exceed $50,000,000, for the primary purpose of construction of Courthouse facilities within the parameters set forth in the Resolution.
Districts 2, 3 and 4 voted AYE.
Commissioners Maloy and McLain voted NAY.
CLERK’S
REPORT
Motion by Commissioner Morris, seconded by Commissioner McLain, to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated October 2 & 9, 2001; and Payroll Approval List, as shown on page _______, dated September 27, 2001
2. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Andre Deon Moore and Capitol Preferred Ins., #89-11319MMA - $3,538
Sophia Simmons and Amwest Surety Ins., #98-8090-MMA - $2,538
Jerome L. Moore and Preferred Managing Agency Inc., #01001438CFA - $1,038
3. Chairman to execute the following Satisfactions of Judgment for County Costs:
Larry Dale Johns, #94001864CFA - $250
Christopher Beard, #92001568CFA - $225
4. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Jose Alicea, #96006656MM - $300
Hollis Barnes, #95012354MM - $200
Dean Paul Bartel, #96001225MM - $100
William Brunner, #01000152CFA - $200
Thurman Byrd, #97000090MM - $200
Tyrone Callen, #00011783MM - $100
Vincent K. Edwards, #00002884MM - $200
Aristotelis Flabouris, #01008053MM - $250
Steven A. Gidusko, #00013825MM - $200
David A. Gillgren, #00001382CFA - $350
Jason Guerra, #01008964MM - $200
Larry Johnson, #P831291CFB - $600
Larry Johnson, #83001291CFB - $250
Larry Johnson, #98004566CFA - $200
Rose Jones, #01003471MM - $200
Major Lawson, #00002095MM - $200
Donald W. Lewis, #00009734MM - $250
Matthew P. McCurry, #00006053MM - $200
Oulavanh Norravong, #01002593MM - $200
Ana M. Pena, #01007892MM - $200
Hector G. Platero, #00002674MM - $200
Jody L. Roberts, #93006020MM - $200
Juan J. Rodriguez, #00014618MM - $200
David Rose, #01000739MM - $200
Helice C. Sankefa-Rodgers, #98001739MM - $100
Scott A. Shedlocks, #00010109MM - $200
Lashayla T. Simmons, #01006436MM - $200
Larry Stuart, #01004827MM - $500
Winford M. Whited, #00011414MM - $200
Lee F. Willman, #99004698CFA - $200
Gilberto A. Worthington, #01007909MM - $200
Joseph Zakrzemski, #97011156MM - $250
Roger J. Ziobro, #99000063MM - $200
5. Approval of Official Minutes dated September 25, 2001.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Work Order No. 2, as shown on page _______, to PS-575-00, Southeastern Surveying & Mapping.
2. Consultant Services Agreement M-264-01, as shown on page _______.
3. Sixth Amendment, as shown on page ________, to PS-505-97, Harding Lawson Associates.
4. Work Order No. 31, as shown on page ________, to PS-543-99, Geotechnical Professional Associates, Inc.
5. Surveying Services Agreement M-267-01, as shown on page _______.
6. Real Estate Acquisition Services Agreement M-265-01, as shown on page _______.
7. Asbestos Consulting Services Agreement M-262-01, as shown on page _______.
8. Second Amendment, as shown on page _______, to Engineering Services Agreement M-215-01.
9. First Amendment to Consultant Services M-219-01, as shown on page _______.
10. Work Order No. 30, as shown on page _______, to PS-543-99, Ardaman & Associates, Inc.
11. First Amendment, as shown on page _______, to Work Order No. 10, PS-522-98, Herbert Halback, Inc.
12. Work Orders No. 32 and 33, as shown on page _______, to PS-522-98, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
13. First Amendment to Appraisal Services Agreement M-258-01, as shown on page _______.
14. Work Order No. 18, as shown on page _______, to FC-1139-00, C. A. Meyer Paving & Construction Co.
15. Work Order No. 2, as shown on page ________, to PS-590-01, Professional Engineering Consultants, Inc.
16. Second Amendment to Work Order No. 10, as shown on page ________, PS-141-94, Dyer, Riddle, Mills & Precourt, Inc.
17. Work Order No. 29, as shown on page _______, to PS-543-99, Geotechnical Professional Associates, Inc.
18. Change Orders No. 1 and 2, as shown on page ________, to FC-1135-00, Southland Construction.
19. Change Order No. 1, as shown on page ________, to FC-1133-00, Southland Construction.
20. Change Order No. 1, as shown on page _______, to FC-1136-00, C & C Site Development, Inc.
21. First Amendment to Work Order No. 4, as shown on page ________, to PS-586-01, Brown and Caldwell.
22. First Amendment to Work Order No. 2, as shown on page ________, to PS-574-00, The Colinas Group.
23. Work Order No. 14, as shown on page ________, to FC-1139-00, C. A. Meyer Paving & Construction Co.
24. Work Order No. 17 , as shown on page ________, to FC-1139-00, Central Florida Environmental Corp.
25. Transportation Services Consulting Agreement M-268-01, as shown on page ________.
26. Proof of publication, as shown on page ________, for Special Master hearings to be held on October 18 and 19, 2001, for disputed or appealed applications for exemptions.
27. Title Opinion, as shown on page ________, for Horseshoe Lake & Creek.
28. Letter from the St. Johns River Water Management District regarding sale of surplus property.
29. Two Property Tax Information Bulletins from the Florida Department of Revenue regarding the VAB filing deadlines.
30. Memorandum from Linda Newman, Coordinator, Seminole County Expressway Authority, forwarding a copy of the Financial Statements for the Fiscal Year Ended June 30, 2001.
31. Memorandum to Sandy McCann from Denes Balo transmitting the Clerk’s Fiscal Year 2000/2001 Amended Budget, as shown on page ________.
32. Memorandum to Denes Balo from Sandy McCann acknowledging receipt of the Clerk’s Amended Budget.
33. Memorandum to Sandy McCann from Shannon Suffron, Development Review, transmitting Private Road Maintenance Bond, as shown on page _________, for Retreat at Wekiva Phase 1 in the amount of $64,222.11.
34. Copies of letters from Ginny Markley, Zoning, to the following advising of the action of the Board of Adjustment on September 24, 2001: Michael Green; GHB Contractors/Thomas Willis; Dale J. Luth; Brian L. Rhoden; Paulo & Margarita Esposito; Lennar Homes, Inc.; Michael J. Presutti; Deonarine Sukhdeo; Kathleen L. Prossen; David A. & Susan M. Larson; Ronald T. Brown; Larry White; Bob Dance, Inc./Al Fishalow; James & Alberta Norton; Verizon Wireless c/o Stephen Behm; and Cingular Wireless c/o Amy Holden.
35. Signature Pages, as shown on page _______, for Child Abuse Victim Assistance Tracking and County DUI Prosecution Initiative IV Byrne Grants, as approved on June 12, 2001.
36. Letter from William O. Monroe, Auditor General, transmitting copy of Report No. 02-039, Operational Audit of the Universities and Community Colleges – Student Records Systems for the Spring and Fall 2000 Terms.
37. First Amendment to Engineering Services M-236-01, as shown on page ________.
38. First Amendment to Appraisal Services Agreement M-251-01, as shown on page ________.
39. Bids as follows: A/B-3036-01; FC-1166-01; and PS-5101-01.
Planner, Tony Matthews, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for The Estates at Wekiva Park PUD, located on the south side of SR 46, approximately 1,800 feet east of the Wekiva River, between River Oaks and Foxspur subdivisions. He advised that when this item was rezoned, the applicant was required to submit a landscaping, tree preservation and tree protection plan and they have done so. Staff believes that condition of the development order has been met. Also, an issue during rezoning that needed to be addressed was the Knight property and their concern for security. Copy of Letter from Attorney Grant Downing dated October 19, 2001 regarding an agreement with Mr. Knight was received and filed.
Mr. Matthews reviewed the agreement between the developer and Mr. Knight regarding deeding property to Mr. Knight, which will be left in its natural state and granting Mr. Knight and Seminole County a non-exclusive easement for ingress and egress. He stated staff believes this is an acceptable solution to the problem. Therefore, staff recommends approval of the Master Plan and Developer’s Commitment Agreement.
Upon inquiry by Commissioner Henley, Mr. Matthews stated he just received a letter this morning regarding an archeological find. He said both the Comp Plan and the Land Development Code address archeological resources, but in looking at the map, it looks like the bulk of the property identified is on the Hutchison property and the remainder is on property that will be voluntarily dedicated to the County.
John Rinehart, representing the developer, addressed the Board to concur that the property in question is located on the Hutchison property and the property being donated to the County.
Upon inquiry by Commissioner Henley, Mr. Rinehart stated they will commit to remove the gopher tortoises prior to final engineering approval. Copy of Letter from Talbot Environmental Inc., dated October 16, 2001 was received and filed. He requested approval to reduce the setback for eight of the one-acre lots from 30 feet to 20 feet.
Upon inquiry by Commissioner Maloy, Mr. Matthews advised if the lots were A-1, the requirement would only be a 10-foot setback.
Upon inquiry by Commissioner Morris, Mr. Matthews advised the reduction of the setback for those eight lots would not allow for more houses.
District Commissioner McLain stated the Board agreed to the clustering concept for this development based on protecting the Wekiva River Basin and because the environmental groups recommended it.
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for The Estates at Wekiva Park (aka Wekiva Park PUD), located on the south side of SR 46, approximately 1,800 feet east of the Wekiva River, with staff’s recommendations, granting a reduction in setback from 30 feet to 20 feet for those eight lots identified, and noting the concern for the gopher tortoises.
Under discussion, Mr. Matthews stated, for the Record, that the development must comply with the SR 46 Overlay Ordinance. Whereupon, Mr. Rinehart advised the buildings will meet the 40- foot setback for the Overlay Ordinance.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
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Planner, Kathy Fall, addressed the Board to present the Final PUD Master Plan and Developer’s Commitment Agreement for M/I Schottenstein Homes/Woodsong PUD, located at the southwest corner of Orange Boulevard and Oregon Avenue. She advised the final plan is consistent with the applicable provisions of the Land Development Code and is consistent with the approved Preliminary PUD Master Plan and Development Order.
Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Final PUD Master Plan and Developer’s Commitment Agreement for M/I Schottenstein Homes/Woodsong PUD, located at the southwest corner of Orange Boulevard and Oregon Avenue.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 10:40 a.m., reconvening at 10:50 a.m., with all Commissioners and Officials in attendance.
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Mark Flomerfelt and Tom Radzi, Stormwater Management, addressed the Board to discuss the proposed rezoning and land exchange with KGB Lake Howell LLC, the developer for the Estates of Lake Howell, in the City of Casselberry. He outlined and reviewed the history of this item as depicted in the Agenda Memorandum (received & filed). Discussion ensued.
Commissioner Henley stated he does not feel this current proposal is what staff originally pushed for. He said he is concerned with the precedent this will create and he is not comfortable with it.
Deputy Clerk Sandy McCann left the meeting at this time and was replaced by Deputy Clerk Eva Roach.
Bob Musser, Lake Ann Estates, addressed the Board to display a Spread Sheet (received and filed) showing the calculation of the number of units. He stated these numbers were based on the City of Casselberry’s P&Z summary report. He reviewed the total potential density units with and without the retention pond, the actual difference in units and the number of units/buildings.
Chairman Van Der Weide stated he understands that an administrative appeal has been filed. Mr. Musser advised that is correct.
Commissioner Maloy stated the two issues to this is water and density. He stated he feels the density issue is the bigger issue of the two. Because of the development impacting an acre of wetlands that is the rationale for the developer to deed the wetlands over to the St. Johns River Water Management District (SJRWMD). He said since potential water pollution control can be done on the property, he feels that will lessen the emphasis on swapping the property. With this being across the street and already developed as a pond, he finds it hard to rationalize that it is developable property. He stated he doesn’t see how the City can classify this as recreational/open property when you have to cross the street to get to it. He added he doesn’t think this is the right plan to move forward with.
Commissioner Morris stated if you take the wetlands, it is a simple question for the amount of revenue that can be generated from apartments. There would probably be some litigation from the amount of revenue generated. The applicant indicated that they are going to impact the wetlands and they will pay for it. He stated 120 units could at least deal with the environmental and wetlands aspect. He asked the District Commissioner to allow the 120 units to move forward so the Board can see what the environmental issues will be, then it can come back to the Board.
Commissioner Henley stated he believes the City of Casselberry’s P&Z approved contingent upon the swap.
Commissioner Morris stated if they would go down to the 192 units, that would clear that up, therefore, that would be his recommendation.
Commissioner Henley stated St. Johns has recommended several changes to minimize the impact upon wetlands. The St. Johns recommended that the developer go back and look at the possibility of going with an apartment garage instead of large parking lots. The St. Johns is also recommending eliminating all the tennis courts and volleyball courts in lieu of impacting the wetlands. They even recommended considering asking Casselberry to allow them to go three stories rather than impacting the wetlands. They took issue with the applicant on the quality of the wetlands.
Chairman Van Der Weide stated he feels that St. Johns is the big issue and that is one of the big confusing areas.
Upon inquiry by Commissioner Henley, Mr. Musser advised he has petitions from the residents of Lake Ann Estates and they are objecting to the permitting of the apartments as it is being built on the adjacent property. There were a lot of errors in the permitting process. He stated he feels the County shouldn’t do anything to give the developer this artificial increase in density to this land swap when there is no demonstrated, concrete environmental lift.
Commissioner Morris stated if the applicant cannot prove their Chapter 120 case, then they are gone. If they do prove their case, other issues can come forward and if the development goes forward, the neighborhood can use the land swap to their advantage of getting more out of the applicant.
Mr. Musser stated the vast majority of the residents know that something will be built there, but what they are trying to do is hold the developer to the proper number.
Commissioner Morris stated the logical thing to do is not take any action and allow time for the residents to discuss this further with the applicant.
Chairman Van Der Weide stated if the Board moves forward with this, he thinks they would be giving a false impression to anybody who wants to do anything there based on these challenges. He would rather wait for the challengers to go through the process and come back to the Board with much better findings.
Commissioner McLain stated he feels it is clear that if the Board takes no action, they would not damage any side of this issue and the Board still has the flexibility to make a right decision. He would support not doing anything at this time.
Commissioner Maloy suggested that staff should do no further work on this. A positive motion should be made to bring it back.
Commissioner Henley stated he doesn’t feel that this is a good precedent for the Board to begin trading away a pond for density somewhere else, which will have other complications. He stated he also doesn’t feel that this will destroy any opportunity for doing work in that area later on. Staff informed him that no harm has been done and if this is delayed, he thinks all they will be doing is giving the developer more ammunition.
Motion by Commissioner Henley, seconded by Commissioner Maloy to deny the offer of the swap and notify the City of Casselberry of the Board’s recommendation.
Districts 1, and 4 voted AYE.
Commissioners Van Der Weide, Morris and McLain voted NAY, whereupon the motion failed for lack of a majority vote.
Commissioner Morris stated staff was pretty emphatic of moving forward with some type of proposal in that area. If worked on, this could be a good plan, but they won’t know until the developer comes up with a plan. He stated he feels the 120 Chapter hearings will clear some of the environmental issues and that is why those issues need to be heard. He said he believes the residents understand that aspect. If the pond goes away, that doesn’t make the project go away.
Motion by Commissioner Morris, seconded by Commissioner McLain to delay the proposed rezone and land exchange with KGB Lake Howell, LLC, until the Florida Administrative Procedures Act Chapter 120 hearings are resolved, hoping between now and then the residents and applicant will resolve all of the issues.
Under discussion, Commissioner Maloy stated even without a swap of this pond, the County would still have the ability, with the cooperation of St. Johns, to do pollution control abatements. He stated he doesn’t see the swap of the pond as a big issue.
Districts 2, 3, and 5 voted AYE.
Commissioners Maloy and Henley voted NAY.
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Motion by Commissioner McLain, seconded by Commissioner Morris to authorize scheduling and advertising a public hearing on November 13, 2001, to amend the Senior Citizen Homestead Exemption Ordinance.
Under discussion, Commissioner Morris stated he would recommend increasing the exemption up to $25,000.
Commissioner Maloy stated there was some new wording added in the ordinance relating to millages being applied to the Countywide base to support the debt service payments for specific projects approved by the voters, and he was curious as to why there was new language added to it.
Cindy Hall, Fiscal Services Director, addressed the Board to explain why the language was added.
Commissioner Henley stated for the benefit of the public, the motion is to move from/to but it does not mean this Board will go with $25,000, it could go up to that amount.
Commissioner McLain stated the wording should be $10,000 exemption up to $25,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lin Polk, Fiscal Services, addressed the Board to present request to approve and authorize waiver of the Municipal Services Benefit Unit (MSBU) procedural petition requirement to proceed in the creation of the Roseland Park street lighting district, as requested by the Seminole County Sheriff’s Office.
Upon inquiry by Commissioner Henley, Ms. Polk advised it was indicated on the petition that if the resident did not respond, it would be counted as a no vote. She also informed Commissioner Henley of how many other occasions that street lights were installed based on staff recommendations.
Upon inquiry by Commissioner Maloy, Jennifer Bero, Fiscal Services, addressed the Board to advise there are some existing lights in the area, and what staff is proposing to do is add an additional 25 lights, making a total of 30 lights. Discussion ensued relative to low-income residents being able to afford paying the $17 additional tax and the threshold of exemptions.
Commissioner McLain stated the residents renting the property do not have the responsibility to pay for the street lighting.
Upon inquiry by Commissioner Henley, Ms. Bero advised the assessment fee is an amount of their service level based on the equipment and how many property owners are in the proposed district. It is evaluated every year and it can be adjusted up or down.
Upon inquiry by Commissioner McLain, Lt. Bernie Erwin, Sheriff’s Office, addressed the Board to state the Sheriff’s Office initiated the petition drive in the earlier part of the last calendar year. He stated they contacted everyone they could and the people residing in the homes were not property owners and they could not sign the petition. He said there is a lot of quality of life crime in the Roseland Park area, and street lighting in this area will improve the quality of life for the residents.
Motion by Commissioner McLain, seconded by Commissioner Morris to approve and authorize waiver of the Municipal Services Benefit Unit (MSBU) procedural petition requirement to proceed in the creation of the Roseland Park street lighting district, as requested by the Seminole County Sheriff’s Office
Districts 1, 2, 3, 4 and 5 voted AYE.
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Kevin Fall, Planning, addressed the Board to request the Board to appoint a replacement to the Casselberry CRA replacing Ron Worswick.
Motion by Commissioner Henley, seconded by Commissioner McLain to appoint Kevin Fall to the Casselberry CRA, as the County representative, replacing Ron Worswick.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Fall stated the second request relates to revising the membership of the Casselberry CRA from 5 members to 7 members and to extend the length of operation from 15 years to 30 years. He stated staff did some analysis on the revenue and taxable value projections and they would recommend extending it to 20 years instead of 30 years.
Commissioner Henley stated he has no problem increasing the membership, but he has reservation granting the extension of the operation based on the information submitted. He stated he has not seen a master plan for the region, and he has seen some items that the CRA wanted to do, but that is not a master plan. Therefore, he cannot support extending the length of operation until he has seen a master plan. He said he would like to know what the impact would be and if they did go, whether the County would establish a new base for the additional 5 years.
Motion by Commissioner Henley, seconded by Commissioner Maloy to approve increasing the membership of the Casselberry CRA from 5 members to 7 members.
Under discussion, Commissioner Morris stated he believes that Commissioner Henley is recommending holding off on extending the length of operation of the Casselberry CRA.
Commissioner Henley stated he would like to wait until the Board can get a better idea on the master plan and the impact on the status of the base.
Commissioner Morris recommended that the City of Casselberry representatives meet with each Board member to explain this further.
Districts 1, 2, 3, 4 and 5 voted AYE.
The consensus of the Board was to hold off on extending the length of operation of the Casselberry CRA.
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The Board recessed the meeting at 12:10 p.m., reconvening at 1:35 p.m., this same date, with all Commissioners (Commissioner Randy Morris entering late) and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
Director of Library & Leisure Services, Suzy Goldman, addressed the Board to present the Historical Museum Expansion project master plan. She advised the master plan is the result of work done by Glatting, Jackson who volunteered their time. She stated staff is seeking direction on the grant distribution (Consent Agenda Item #20) as the scope of the project has increased since the last presentation to the Board. She recommended that a parking capacity study be conducted by Traffic Engineering prior to any demolition of the parking lot.
Commissioner Henley stated he has met with staff and reviewed the plan and is pleased with it. He said he does not believe the parking is critical at this time; but will become more critical as the museum grows. He suggested the Board look at phasing and keep the plan and the grant money as is.
Linda Batten, Historical Commission Chairman, addressed the Board to advise the Historical Commission is very happy with the plan.
Commissioner Maloy concurred with Commissioner Henley to use the grant money for further improvements and look at future phases as the budgets are developed and see how they are doing revenue-wise for the additional funds down the road.
Motion by Commissioner McLain, seconded by Commissioner Henley to approve the Master Plan for the Historical Museum; and to direct staff to distribute the grant proceeds, as recommended by Commissioner Henley.
Districts 1, 3, 4 and 5 voted AYE.
Alice Gilmartin, Planning, and Tim Jackson, Glatting Jackson Kercher Anglin Lopez Rinehart, addressed the Board to request direction with regard to short and long-term transit options for the County.
Commissioner McLain stated he believes it is clear that the best option for the County would be to continue the service with LYNX and to move forward with the funding partnerships with the cities, SCC and the airport. He also stated the County should develop plans to modify or possibly expand existing services and deal with any east/west issues that they have.
Commissioner Henley stated he wants to revisit the fare box as part of this. Commissioner McLain concurred.
Commissioner Maloy concurred with Commissioners Henley and McLain, but said he would like the Board to take a strong look at the laser route from UCF and SCC and the adjoining apartments in the area. He said he does not see any reason why they cannot make this happen with contributions from the County, UCF, SCC and the apartments. He added that this should be put on fairly quickly, possibly by next semester.
Mr. Grace stated staff will look at that, and said FDOT is probably in the mix as well.
Commissioner Maloy stated he would support the staff moving forward with an RFP for bus shelters. He would like to see the revenues returned for mass transit and requested the Board be copied on the RFP because he believes there were mistakes made on the LYNX RFP.
Upon inquiry by Mr. Grace, Commissioner Maloy clarified he would like the RFP brought back to the Board before it is put out.
Chairman Van Der Weide stated he also agrees with Commissioner McLain and the rest of the Commissioners.
Commissioner Morris entered the meeting at this time.
Upon inquiry by Commissioner Henley, Tony Walker, representing LYNX, addressed the Board to advise there are no restrictions or Federal regulations on varying fares. He said typically zone fares are used.
Commissioner Maloy stated he would like to see partnerships with the cities for bus shelters.
Mr. Grace advised the Mayors/Managers meeting is scheduled for October 31.
Commissioner Morris stated he believes the city aspect and their involvement with the bus shelters is critical. He said it would be nice to have minimum uniform standards for the shelters, with any city wanting to have additional enhancements being allowed to do so.
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the following recommendations regarding transit service: (1) Continue providing service through LYNX and continue to improve the County’s working relationship with LYNX to ensure that transit needs unique to Seminole County are addressed in the implementation process; (2) Direct staff to develop an ongoing funding agreement with the cities, Seminole Community College/UCF, the Sanford Orlando Airport and major employers that establishes an equitable method of sharing the costs of existing and expanded transit services; (3) Over the next year work with LYNX and other funding partners to develop a plan to expand and modify existing services to efficiently meet transit needs within Seminole County; and (4) Direct staff to initiate an RFP for bus shelters to be brought back to the Board before it is released.
Under discussion and upon inquiry by Commissioner Maloy, Commissioner McLain stated he agrees that the laser service and the east/west connector should be brought back to the Board as soon as possible.
Commissioner Henley clarified that the RFP would encompass a set of standards that the Board will agree upon. He suggested the staff come back with a time line on these items.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Morris to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page ________, calling for a public hearing to consider a Budget Amendment to rebudget funds from FY 2000/01 to FY 2001/02, re-establishing the budgets for previously approved capital projects, establish appropriate budgets for the new infrastructure sales tax and other specific items, received and filed.
Budget Manager, Ginger Barrett, addressed the Board to present the proposed amendment.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt appropriate Budget Amendment Resolution #2001-R-191, as shown on page _______, for rebudgeting of funds from FY 2000/01 to FY 2001/02, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLain expressed his concern with the carry-overs getting larger and larger. He stated he wants to reemphasize the importance of the Board looking at carry-overs and not automatically putting them into reserves.
Mr. Grace stated he has talked to staff about diligently getting these projects done.
Commissioner Henley stated he has also talked to staff about bringing these projects forward when they were approved several years ago. He added that things change and the priorities may change so some of these projects might need to be revisited by the Board.
REQUEST TO VACATE &
ABANDON,
LOCHRANE ENGINEERING
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon right-of-way of Railroad Avenue and 4th Street and the ingress/egress easement over Railroad Avenue and Lots 35-41 of Richardson Addition to Woodbridge Subdivision; for property located west of 17-92 and east of the Seaboard Coastline Railroad, approximately ½ mile north of the Maitland Boulevard overpass, Lochrane Engineering, received and filed.
Principal Planner, Ian Ratliff, addressed the Board to advise the purpose of the vacate is to accommodate the development of the proposed Porsche of North Orlando dealership. At staff’s request, the applicant is providing the County with a 20-foot wide easement. Due to concern over the legal access to the lots on the west side of the Railroad Avenue, the staff requested the applicant provide a letter from the property owner stating they have no objections to the vacate.
District Commissioner Henley supported staff’s recommendation to vacate and abandon.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-192, as shown on page ________, vacating and abandoning right-of-way of Railroad Avenue and 4th Street and the ingress/egress easement over Railroad Avenue and Lots 35-41 of Richardson Addition to Woodbridge Subdivision; property located west of 17-92 and east of the Seaboard Coastline Railroad, approximately ½ mile north of the Maitland Boulevard overpass, as described in the proof of publication, Lochrane Engineering, subject to the dedication of the egress/ingress easement over Railroad Avenue.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE &
ABANDON,
BILL HANNER
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon 632.4 feet of Boland Drive adjacent to Blocks E and F of the Seminole Terrace Subdivision; located south of Carrigan Avenue and north of the Riverwind Apartment Complex, Bill Hanner, received and filed.
Mr. Radcliff presented the request, advising the vacate is required as a condition of approval of the Development Order for the rezoning of the Riverwind Parking Lot PUD. The D.O. requires that the right-of-way vacation of Boland Drive occur prior to approval of the PUD Master Plan. The portion of Boland Drive adjacent to Lots 2 through 9 will be incorporated into the PUD for the parking lot. Lots 1 and 2 comprise a single-family home site with access to Carrigan Avenue and will remain as such. The lots on the west side of Boland Drive are zoned C-2 Commercial and are not permitted to access Boland Drive because of its status as a local residential street. These lots have access to Alafaya Trail and owners have provided letters of concurrence for the vacate request. He added that staff recommends approval of the request.
Charlotte Carver, 3045 Lowery Drive, addressed the Board to advise the Seminole Terrace homeowners’ attorney is in route to the meeting. She stated she is opposed to the requested vacate; and views it as being in the best interest of the developer who failed to properly plan for his project. She said she is against giving taxpayer subsidy to this developer; and vacating this right-of-way will be donating it to his project. She added that the residents have retained council for litigation purposes relating to Seminole Terrace’s deed restrictions and request the Board deny this request and allow the courts to decide the matter.
Jim White, 3036 Lowery Drive, addressed the Board to speak in opposition, stating he resides on Lots 12, 13 and 14 which are adjacent to the property in question. He said this parking lot will be about 30 feet from his back door and it is not compatible with the residential area. He stated none of the residents on Lowery will be able to get any rest because of the noise from this lot.
Commissioner McLain clarified that what the Board is dealing with is a request to vacate a public right-of-way. He questioned if any of the property owners on either side of the right-of-way have any objections to the request. Whereupon, Planner, Tony Matthews, advised none of the owners are opposed.
Commissioner McLain further clarified that the Board does not deal in deed restrictions - the Courts will decide that issue.
Upon inquiry by Commissioner McLain, Mr. McMillan advised the lawsuit does not impact what the County is doing today, as the County has been dismissed from the case. He further advised that the Board approved the rezoning and the use is permitted. The issue before the Board is a standard vacate request.
Lynn Berger, 3030 Moore Drive, addressed the Board to advise she is speaking for Coleen Thompson, President of the Stillwater Homeowners Association. She reminded the Board that it cost $14,000 to have Boland Drive paved and they, as taxpayers, were the ones who paid for that paving. They do not want the road vacated and taken away. She complained that the hazardous waste (batteries & tires) on the Riverwind property still has not been removed. She stated that at the time the rezoning was granted, the residents were told that deputy sheriffs would be patrolling the area all the time and that is not happening. She said Riverwind has their own security guard who sleeps in his car. She added that 70% of the landowners in Seminole Terrace is against this project.
Commissioner McLain said staff needs to make sure that the applicant is conforming to the provisions in the D.O.
Chairman Van Der Weide stated the intention of the Board was to have deputy sheriffs patrol the property because they have arrest powers.
Commissioner McLain stated the applicant needs to understand the seriousness of implementing the conditions of the D.O. He suggested the staff send letters in the future putting the developer on notice that the County expects them to begin to comply immediately with the D.O.
Michael Callahan, 3019 Lowery Drive, addressed the Board to state on May 22, 2001, the County Commission betrayed the residents of Seminole Terrace. He stated if this vacate is approved and the residents win their court case and the property reverts back to A-1, the abutting lots will be landlocked. He added that he cannot see how the Board can give up the road when it was just paved for $14,000.
Barbara Esquivel, 2950 Lowery Drive, addressed the Board to submit photographs (received & filed) of the batteries and hazardous waste still on the property and of the cars illegally parked on the road. She requested the Board not give the developer Boland Drive.
Written Comments Forms from Mary Callahan, James Bradford and Lynn Berger were received and filed.
Attorney Dwight Saathoff, representing the applicant, addressed the Board to state that with respect to the batteries and tires that are on a portion of the property (which were already there when they purchased the property), they will be removed when they receive their permit to reconstruct the site.
Commissioner McLain stated that the developer is responsible to immediately clean up the property and not at their pleasure.
Attorney Saathoff said that the approval, which included the requirement for the deputies to be hired, is not final yet; and he has advised his client that he didn’t have to start doing that until the improvements were built. He stated with regard to the vacate, the County staff and Public Works Department have recommended approval.
Commissioner McLain stated if the property is vacated, it will be put back on the tax rolls. He also stated that this situation has been a problem for the community and he would hope that the developer would do things to show the community that he is trying to resolve some of the problems. He further stated that he wants to see a more proactive approach by the developer in addressing the concerns (debris removal & deputy patrols) of the community.
Mr. McMillan advised the rezoning is final at this point and absence an injunction from the court, the developer is free to proceed with the project immediately. He added the developer is under no restraints from the County because the property is zoned.
Attorney Saathoff stated the rezoning hearing is over and the people who have come to speak to the issue before the Board are well-intentioned; however, they are fighting the battle that was fought in May when the rezoning was approved.
Attorney Berry Walker, representing Seminole Terrace Homeowners, addressed the Board to distribute a list (received & filed) of his clients he is representing in this case. He advised the residents are overwhelmingly in opposition to the vacate of Boland Drive. He said it is not true that the only people this vacate will affect is the commercial property on the left. He further said every resident in Seminole Terrace has an interest in Boland Drive. He stated the residents of Seminole Terrace are going to lose all the lots on Boland Drive. Those lots are slatted for residential homes only and that serves as a buffer between the residents and the commercial site. He requested the Board deny the vacate or at least table this until the litigation is concluded.
No one else spoke in support or in opposition.
District Commissioner Maloy stated this project has been one of the more difficult ones to deal with since he has been on the Board. He said this is one of the worst developments he has seen. He further said that when the rezoning came to the Board in May, he felt that was the best plan to minimize the impact this project has had on the residents. He stated he supports staff’s recommendation on this request.
Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-193, as shown on page _______, vacating and abandoning 632.4 feet of Boland Drive adjacent to Blocks E and F of the Seminole Terrace Subdivision; located south of Carrigan Avenue and north of the Riverwind Apartment Complex, as described in the proof of publication, Bill Hanner.
Under discussion, Commissioner McLain stated the applicant has a right to request this vacate and if the staff has found that it does not have an impact on anyone, he has an obligation to approve it.
Commissioner Morris stated he will not be voting in support of the motion, because he believes it is premature.
Districts 1, 3 and 5 voted AYE.
Commissioners Morris and Henley voted NAY.
The Chairman surrendered the gavel to the Vice Chairman and left the meeting at this time.
REGULAR AGENDA, CONTINUED
Planner, Tony Matthews, presented the Final PUD Master Plan and Developer’s Commitment Agreement for Riverwind Parking LLP/Riverwind at Alafaya Trail LP; property generally located at the southeast corner of Carrigan Avenue and Boland Drive, immediately east of SR 434 (Alafaya Trail), extending approximately 685 feet south of Carrigan Avenue, Cameo Development, received and filed.
Mr. Matthews presented the request, advising this plan is for a 154 space parking facility to serve the residents of the Riverwind Apartment complex. He further advised when the property was rezoned in May, there were a couple of issues the applicant had to address prior to the final master plan. The first one was the applicant was to notify the community and give them an opportunity to review the plan. The applicant has notifed over 180 residents adjacent to the site. He reviewed the amended language (copy was received & filed) of the commitment agreement concerning the bus shelter. Discussion ensued.
Commissioner Van Der Weide re-entered the meeting at this time and assumed the position of Chairman.
Commissioner Morris left the meeting at this time.
Motion by Commissioner Maloy, seconded by Commissioner McLain to approve the Riverwind Parking LLP/Riverwind at Alafaya Trail LP, PUD Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, as amended under paragraph VI b., with regard to the bus shelter, allowing the developer to pay a cash contribution in lieu of installing the shelter, for property located at the southeast corner of Carrigan Avenue and Boland Drive, immediately east of SR 434 (Alafaya Trail), extending approximately 685 feet south of Carrigan Avenue, Cameo Development.
Districts 1, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
CHAIRMAN’S REPORT
Commissioner Morris re-entered the meeting at this time.
Motion by Commissioner Maloy, seconded by Commissioner McLain to appoint Mike Bass, as the Seminole County representative, to the Light Rail Transit Task Force.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman advised of nominations to the WorkForce of Central Florida.
Motion by Commissioner Maloy, seconded by Commissioner McLain to appoint the following to the WorkForce of Central Florida: Terry Owen, Sophia Petkov and Lena Wasserman.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner McLain stated he is very disturbed to learn that staff has made an exception to permit a resident to hook up to water service in the Myrtle Avenue area. He said he has tried for years for County staff to allow the completion of the loop from Hester Avenue to where the line was extended for the Greenway; but staff always objected to it. He further said there are a lot of people in the area who have wanted to connect for water services, but staff has never allowed them to do so. He requested staff make a presentation to the Board about what it would cost to continue that line and get this issue resolved so that all citizens can be treated fairly.
Mr. Grace advised staff will be working on a solution with District Commissioner McLain.
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Commissioner Maloy stated he has been told that landfill dumping is going from a $7 per pick-up load charge to a per tonnage charge. He said if this is true, many of the yard-cleaning people might not want to bother to take the yard waste to the dump, but will illegally dump it in the woods.
Mr. Grace stated he is not aware of any changes to the fee schedule and he will check on same.
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Chairman Van Der Weide advised that Item #73, the revised Trails Protection Ordinance, scheduled for this evening, will be continued until January 22, 2002.
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Commissioner Morris discussed the Board of Adjustment and how they are interpreting codes. He stated what is happening is the Board of Adjustment is granting things that the BCC would never have granted under the code after being rejected at the site planning stage.
Planning & Development Director, Don Fisher, addressed the Board to advise staff is looking into several things in order to make the process better. One of the things is how staff makes their presentations to the Board of Adjustment in doing more research and laying out staff’s position. He stated that a workshop is needed with the BOA and the staff in order to lay out what the Board’s duty is and what it means when they make recommendations without having proper findings.
Commissioner Van Der Weide stated the BOA is in need of an attorney being present at all their meetings. Whereupon, Mr. McMillan advised a member of the County Attorney’s Office is present at all BOA meetings.
Commissioner Henley stated the attorney needs to be proactive.
Mr. McMillan advised the current structure of the BOA is decades old and was established by State Statute. He said the BCC now has the ability to restructure the system and decide what is heard by the BOA and how the BCC gets things up to them. He added that many of the decisions made by the BOA are not appealed and the BCC never sees them.
Commissioner Morris requested staff come back to the Board with a recommendation on revising the BOA procedures.
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Commissioner Morris advised he was in Connecticut the past few days and had the opportunity to go into New York City and Ground Zero. He said that television and photographs do not do it justice.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were “received and filed”:
1. Amended Agenda for the St. Johns River Water Management District Governing Board Meeting October 9 & 10, 2001.
2. St. Johns River Water Management District Monthly Mailer October 2001.
3. Copy of letter dated October 8, 2001 to BCC (with attachments) from Sharon Kaye Hadd re: Release of Conservation Easement Adjacent to Sweetwater Island. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Development Review Manager)
4. E-mail dated October 9, 2001 to Co. Administrators (with attachment) from Carol Bracy, Legislative Director-Florida Association of Counties re: FAC Position on Special Session Budget Cuts. (cc: BCC, Co. Manager)
5. Notice and agenda for the October 17, 2001, Seminole County Port Authority meeting.
6. Letter dated September 30, 2001 to BCC, Seminole Co. School Board, Oviedo City Council from Linda Johnson re: Appreciation for mowing and maintenance on East Broadway. (cc: Oviedo Voice, Public Works Director)
7. Letter dated October 8, 2001 to BCC from Katherine Harris, Secretary of State, Florida Department of State re: Nelson and Company officially listed in the National Register of Historic Places. (cc: Co. Manager, Deputy Co. Manager, Library & Leisure Services)
8. Letter dated October 8, 2001 to BCC from Katherine Harris, Secretary of State-Florida Department of State re: R. W. Estes Celery Company Precooler officially listed in the National Register of Historic Places. (cc: Co. Manager, Deputy Co. Manager, Library & Leisure Services)
9. Letter dated October 8, 2001 to BCC from Katherine Harris, Secretary of State-Florida Department of State re: Browne-King House officially listed in the National Register of Historic Places. (cc: Co. Manager, Deputy Co. Manager, Library & Leisure Services)
10. Letter dated October 15, 2001 to BCC (with attachments) from Kenneth W. Wright re: KGB/Lake Howell LLC/Estates at Lake Howell. (cc: Scott Lindstrom, Steve Baker, Bob Zurcher, Jeff Einhouse, Co Manager, Stormwater)
11. Letter dated October 10, 2001 to Chairman (with attachments) from David Wright, Chairman of the Board-Workforce Central Florida re: Recommendation for appointment to the Board of Directors. (cc: BCC)
12. Letter dated October 11, 2001 to Chairman from D. Ray Eubanks, Community Program Administrator-Department of Community Affairs re: Comprehensive Plan Amendments. (cc: BCC, Co. Manager, Deputy Co Manager, Planning & Development Director)
13. Letter dated October 8, 2001 to Chairman from Eddie Sheehy, County Manager-Wicklow County Council re: Unanimously passing a vote of sympathy to the American people for the September 11, 2001 event. (BCC, Co. Manager, Deputy Co. Manager)
14. Email dated October 14, 2001 to BCC re: Opposition to high density housing near Carillon & University Estates. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director)
15. Email dated October 14, 2001 to Commissioner Henley from David and Davena Anderton re: Opposition to the Casselberry Land Swap. (cc: BCC, Co Manager, Deputy Co. Manager, Planning & Development Director, Stormwater Manager)
16. Agenda for the October 15, 2001 City of Oviedo City Council Meeting.
17. Letter dated October 11, 2001 to Chairman from the Foxwood Community Association, Inc. Board of Directors re: Landscaping Reimbursement Policy (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Engineering)
18. Memorandum dated October 12, 2001 to BCC (with attachments) from Alice E. Gilmartin, AICP re: Transit Service Options Study/Transit Shelter Options. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)
19. Fla. Division of Forestry 2000/2001 Annual Report on Fire Control Activities in Seminole Co.
20. Letter dated October 8, 2001 to BCC from Byron Brooks, Executive Director-Lynx re: County's Transit Study. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Principal Planner, Transportation Specialist, Fiscal Services Director, Lynx Board of Directors, Lynx staff Directors/Managers)
21. Facsimile dated September 18, 2001 to BCC from Cecilia Height, Lake Jesup Issue Chair-Sierra Club re: Opposition to Sanford Biosolids Processing Unit. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director)
22. Minutes of September 13, 2001 Tourist Development Council Meeting.
23. Contract for Services Agreements, as shown on page _______, between Seminole County and the following: Patrick Houghton (Slow-Pitch Softball Umpire), Shaun Campbell (Slow-Pitch Softball Scorekeeper), Kevin Masih (Tennis Instructor), Ilene Koller (Slow-Pitch Softball Scorekeeper).
24. Letter dated October 10, 2001 to BCC from Richard Creedon re: Opposition to Sanford Sewage Plant. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director)
25. Letter dated October 15, 2001, from D. Ray Eubanks, Community Program Administrator, Department of Community Affairs, to the Chairman acknowledging receipt of a copy of the County's Small Scale Development Plan Amendment, and advising that a compliance review will not be conducted. (cc: Board, Executive Director, ECFRPC, Director of Planning & Development Dept.)
26. E-mail dated October 18, 2001, from Bonnie Laurencell Re: Lake Ann Lane Retention Pond Land Swap. (cc: Board, Planning, Development Review)
27. Letter dated October 8, 2001, from Barratt Wilkins, Director, Florida Department of State, to the Chairman Re: Records Management. (cc: Administrative Services for processing)
28. Letter dated October 15, 2001, from Diane Pickett to the Chairman advising of change of d/b/a from Time Warner Communications to Time Warner Cable. (cc: Board, County Manager, Cable Franchising Coordinator, Jerry Martin, Time Warner)
29. Letter dated October 16, 2001, from Charlotte Carver to the Chairman opposing proposed vacate and abandonment of Boland Drive on BCC agenda for October 23. (cc: Board, Planning)
30. Letter dated October 8, 2001, from Larry A. Dale, President/CEO, Orlando Sanford International Airport, Re: LYNX Service for the Orlando Sanford International Airport. (cc: Board, Planning)
31. E-mail dated October 16, 2001, from John L. and Betty Cassady to the Board expressing opposition to the proposed Land Swap. (cc: Board, Planning, Development Review)
32. E-mail dated October 17, 2001, from Andre Jakubowski, MD, to the Board, opposing proposed Lake Ann Land/Pond Swap. (cc: Board, Planning, Development Review)
33. Letter dated October 18, 2001, from Liz Kaplan to the Board Re: Proposed Cell Phone Tower being proposed by Voice Stream for construction on the Seminole Community College Oviedo Campus. (cc: Board, County Manager, Deputy County Manager)
34. Letter dated October 15, 2001, from Cynthia Hamilton-Smith, Executive Director, Goldenrule Housing & Community Development Corp., requesting letter of support for state grant to restore "The Harris Nest." (cc: Board, County Manager, Deputy County Manager)
35. Letter dated October 17, 2001, from Caroline M. and Egerton K. Van den Berg expressing opposition to proposed exchange of Seminole County's retention pond side on Lake Ann Lane. (cc: Board, County Manager, D.C.M.)
36. Letter and attached memorandum dated October 18, 2001, to the Chairman from Lou Musica, Real Estate Representative, ClearChannel Outdoor, Re: Glatting Jackson recommendations re Transit Shelters. (cc: Board, County Manager, DCM, Bryan Parker, John Kruizenga)
37. Memorandum dated September 24, 2001, to the Board from the Board of Directors, Lake Harney Estates Association, Re: Cochran Road.
38. Memorandum dated October 12, 2001, from Mark Flomerfelt, PE, Road Operations and Stormwater Manager, to the County Manager and the Board, Re: EMPACT Grant.
39. Letter dated October 16, 2001, from Harold W. Barley, Executive Director, MetroPlan, to the Chairman, requesting that a representative be appointed to serve on the Light Rail Transit Financing Task Force. (cc: Board, County Manager, DCM, Planning & Development Director, Planning)
40. Copy of Memorandum from Bob Briggs, Finance Manager, Environmental Services Dept., to Sandy McCann, Recording Secretary, Re: Submission into County Records. (cc: Board, County Manager, Environmental Services Director)
41. Memorandum dated October 18, 2001, from Mary Kay Cariseo, Executive Director, FAC, to County Commissioners, County Administrators, and County Attorneys, RE: County Medicaid Inpatient and Nursing Home Cost Shifts. (cc: Board, County Manager, DCM, Community Services Director)
42. Contracts, as shown on page _______, for Services between Seminole County Parks and Recreation and the following: Martin Koller, Teresa C. Gosch, Kiley S. Sieffert, and Leah J. Holbrook.
COUNTY MANGER’S REPORT
Mr. Grace advised CALNO has taken action to revisit the Interlocal Agreement distributing the gas tax revenue. He said his position is that the County would get more under the State Statute formula than under the Interlocal so he believes the cities are being treated fairly.
Commissioner Maloy stated he does not believe there is any interest in giving the cities any more money.
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Mr. Grace advised of contingency plans to reduce the budget by 5% and 10%. He said they will know more by November 1 what the State is doing.
Commissioner Morris stated he will be in Tallahassee for the budget session.
Mr. Grace stated the sales tax revenue numbers will not be available until the end of the year.
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The meeting, thereupon, recessed at 3:35 p.m., reconvening at 7:04 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.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Revised Trails Protection Ordinance, received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Henley to continue to
January 22, 2002 at 7:00 p.m., or as soon thereafter as possible, the Revised
Trails Protection Ordinance, as described in the proof of publication.
Districts
1, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from PUD (Planned Unit Development) to PUD (Planned
Unit Development); property described as a 17-acre parcel, located south of CR
427 and west of SR 417, Shirley Investment Properties, Inc., received and
filed.
Jeff
Hopper, Planning, addressed the Board to present request as outlined in the
agenda memorandum. He stated the
requested change is from a designated General Commercial use to a designated
Industrial use.
Mr.
Hopper highlighted for Commissioner McLain what has been done on the southwest
quadrant.
Mr.
Hopper informed Commissioner Henley that the southeast section of the PUD is vacant,
the southwest portion is residential, known as Sanford Place, and there is a
small amount of wetlands on the property.
Matt West, Planning Manager, addressed the
Board to state the southeast area has wetlands and he indicated on the map the
location of the wetlands.
Andy
Cardel, representing the applicant, addressed the Board to state he will be
glad to answer any questions. He
informed Commissioner McLain that he supports staff recommendations and
conditions.
No
one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the
rezoning to PUD; property described as a 17-acre parcel, located south of CR
427 and west of SR 417, Shirley Investment Properties, Inc., and to approve
Development Order, as shown on page ________.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 7:10 p.m., this same date.
ATTEST:_____________________Clerk______________________Chairman
_slm/er