The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:06 a.m. on Tuesday, November 10, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy (District 1)

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

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

County Manager, Gary Kaiser, advised the Web Presentation has been pulled from the agenda and continued until the next meeting.

--------

Mr. Kaiser advised this afternoon’s meeting will be broadcast live on cable television.

Commissioner Van Der Weide entered the meeting at 9:10 a.m.

Tracy Grygiel, Director/Seminole County/Mid-Florida EDC, addressed the Board to introduce Darrel Kelly, President Mid-Florida EDC and Mike Bobroff, Vice President Mid-Florida EDC. She reviewed with the Board the Economic Development Commission

Activity Report for the Fourth Quarter of FY 1997/1998. Copy of Report was received and filed. She briefly reviewed the projects they are currently working on in the Seminole County area.

Commissioner Adams suggested working up a coordinated effort to create a directory of corporations, what they produce, and where they are located.

Mr. Kelly discussed the evolution of MOIAC being a "stand alone" organization. He stated the Planning Committee has set the timeline of October 1999 as to when MOIAC will be divested from the EDC. He expressed his concern with creating another economic development authority in this region, which may confuse customers, and distinguishing what is domestic and what is international trade. He said he needs an opportunity to work through some of the challenges as the "stand alone" process evolves. Discussion ensued concerning accountability.

Commissioner Adams stated they must show the citizens a return on their investment. He further stated they need to come up with some quantitative method for measuring the effectiveness of international economic development. Whereupon, Mr. Kelly stated they, along with Mr. Turk’s Office, will take on this task as a challenge.

Upon inquiry by Ms. Grygiel, the Board voiced no objections to Ms. Grygiel and the EDC continuing with oral quarterly report presentations to the Board.

DCM, Cindy Coto requested direction with regard to the residential haulers draft contract and revised performance standards; and direction regarding the pursuit of eliminating two existing tiers of solid waste service. She advised that in August 1997, the Board directed staff to evaluate and bring back information relating to extending the contract an additional five years. She said negotiations have been ongoing and more teeth have been put into the contract with respect to violations.

Commissioner McLain questioned why it has taken over a year for staff to come back to the Board. Whereupon, Ms. Coto explained that during this year, they have had four different individuals working on this, Larry Sellers, Tony VanDerworp and Warren Wagner, who have all left Seminole County’s employ. She said that each individual assigned to this task has had to have time to be brought up to speed.

Ms. Coto continued her presentation, advising the staff was also directed to eliminate two levels of service from the existing four that are provided to customers. They were told to specifically retain 2-1-1 and 2-1-0 options and eliminate 1-1-1 and 1-1-0. Presently, approximately 82% of customers opt for the 2-1-1 and 2-1-0 service. She further advised that a consultant has been retained to evaluate information and assist staff in rate negotiations with the existing haulers, as well as prepare rate comparisons and market trends. However, all this information has not yet been collected, but staff believes they could have it to the Board by mid-December.

Commissioner Adams stated he suspects that the 18% of customers who do not opt for the 2-1-1 or 2-1-0 level of service are senior citizens and he is not willing to throw 18% of the customers away.

Commissioner Van Der Weide concurred with Commissioner Adams, stating he would like to keep the 1-1-1 or a combination of one that would be better.

Commissioner McLain stated he recalled the Board directing staff to look into the possibility of reducing options, not that they would be eliminated. He said he is concerned that the Board still does not have any data to look at a year later.

Chairman Morris stated the County is still having a problem with one of the haulers, while the other three have exemplary records.

A brief discussion ensued with regard to curb-side recycling.

Commissioner McLain stated he would like to consider reducing the size of a parcel of land (to one acre) a person must have in order to receive an exemption. He said there is a lot of concern about trucks damaging rural roads. He requested staff to look into same.

The Board, by consensus, directed staff to bring back complete information and rate negotiation results by mid-December. The Board also directed staff to offer the same level of service that is currently offered and to bring back a report on the performance of all haulers.

County Attorney, Robert McMillan, distributed a revised agenda regarding the declaration of the Public Decency Ordinance, which will be included as an add-on under his Consent Agenda. He explained that the only difference is the inclusion of the certification from the Supervisor of Elections and a word change in the last paragraph.

Mr. McMillan advised that the Fifth District Court of Appeals has upheld Judge Wood’s ruling with regard to shutting down V.I.P. Gold. He said this is a very important ruling, as the District specifically rejected the reasoning of Judge Dickey in the Sassy Merlot case with regard to being exempt from the adult entertainment licensing ordinance. He stated this ruling has a direct bearing on the Sassy Merlot case.

Commissioner McLain questioned what enforceability the County will have through the public decency ordinance with regard to the clubs that do not have an adult entertainment license and ones where their dancers are wearing bikinis.

Sheriff Don Eslinger addressed the Board to advise Sassy Merlot has been in violation on four different occasions under the current ordinance. He further advised his agents are meeting with Deputy County Attorney, Lonnie Groot, today with regard to the new public decency ordinance.

Commissioner McLain stated he is concerned with whether or not they are still an adult entertainment establishment once the dancers put on their bathing suits. Whereupon, Mr. McMillan advised that putting on their bathing suits does not exempt them from the ordinance. Sheriff Eslinger concurred stating as long as they are dancing for monetary gain or providing a private dance, they will fall under the ordinance.

Sheriff Eslinger advised there are some modifications, which need to be made to the current ordinance with regard to the three feet restriction.

Commissioner McLain stated he wants to make sure the County’s ordinance is properly drafted to include other bars, which serve alcohol and decide they are going to become quasi- adult entertainment establishments. He said he wants to make sure this can be enforced so that these kinds of establishments are no popping up all over the County. Whereupon, Mr. Groot stated that is one of the issues he will be discussing with John Ross and the Sheriff.

Commissioner McLain stated he would like to pull this off of the County Attorney’s Consent Agenda for a separate vote. The Board had no objections to pulling this for a separate vote.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-247, as shown on page ________, declaring the Seminole County Public Decency Ordinance #98-49, as shown on page _______, enacted.

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

Mr. McMillan advised if there are no objections, Mr. Groot will be hand-carrying the Ordinance to the Secretary of State next Tuesday. The Board voiced no objections.

- - -

Commissioner Adams stated during last week’s election the City of Casselberry passed a straw vote on separating alcohol and nude dancing. He further stated he believes there should be consistency throughout the County on this issue; therefore, he would like to see the County move forward so that any establishment licensed by the State of Florida which permits the sale of alcohol be prohibited from having public nudity.

Chairman Morris stated there is already a profound amount of litigation going on right now. He further stated the City has taken a non-binding referendum and they may or may not take formal action. He said he believes it is good to study the issue, but he would like to get some of the pending rulings out of the way first so that the issue is not confused. He added history has proven that when you fight wars on multiple fronts, you lose.

Commissioner Adams suggested making this contingent upon what Casselberry does.

Chairman Morris stated the County does not know what the City is going to do, and he is recommending the County take the time to see what happens.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt the same straw ordinance that the City of Casselberry is pushing with regard to separating nudity and alcohol, contingent upon what the City does.

Chairman Morris stated he is not sure an ordinance can be conditionally passed. He suggested taking a break so that Commissioner Adams can discuss this with the County Attorney.

The Chairman called for a five-minute recess.

Commissioner Adams stated that after discussions with the County Attorney, he has been advised that this is better in the form of a resolution, and same will be brought back at this afternoon’s meeting. Therefore, he withdrew his motion and Commissioner McLain withdrew his second.

Items #1 through #34 were presented for Board consideration. Discussion ensued with regard to Item #1, Satisfaction of Lien for CEB Case #92-58-CEB.

Commissioner Adams disagreed with reducing the lien. Discussion continued.

The Board agreed to pull Item #1 from the agenda at this time in order to obtain a concrete opinion on whether this would set a precedent.

Commissioner Maloy stated it has come to his attention that with regard to Item #6, Casselberry Water Service Agreement for Sun Lake PUD, there was information regarding the agreement which was not in the agenda package. He said the City of Winter Springs has indicated that they could serve the PUD for less cost than the City of Casselberry.

Chairman Morris suggested pulling this item for a separate vote during this afternoon’s meeting. The Board voiced no objections to same.

Commissioner Maloy pulled Items #3, Agreement for Foreign Trade Zone Application/Sanford Airport Authority, and #4, Agreement with the International Council of Central Florida, for a separate vote.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize the Chairman to execute Agreement, as shown on page ________, between Seminole County and the Sanford Airport Authority for Foreign Trade Zone Application FY 98/99.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize the Chairman to execute Agreement, as shown on page ________, between Seminole County and the International Council of Central Florida (ICCF) for operation of an international visitors program during FY 98/99.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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

1. County Manager to initiate a program for selected cellular users with a monthly allowance for initial purchase of a cellular phone, and recurring monthly cellular service charges. Reassign cellular phones under the ongoing BellSouth Agreement (consisting of free monthly access and airtime) to facilitate the replacement of a number of phones under the more costly standard service plans. Monthly airtime allotments would be reallocated depending on need (accessibility and/or customer service) to those positions requiring a cell phone. The specific service plan to be determined by the County Manager. The monthly allowance payment program would pass responsibility for phone replacement, repair & maintenance, billing and long distance cell phone charges to those individuals approved for the program and would significantly reduce staff time for maintenance, service calls and monthly accounting.

1. Chairman to execute Agreement, as shown on page _______, between Seminole County, Seminole Community College (SCC) and Seminole County Port Authority (SCOPA) for SCOPA assistance in establishment and operation of high-technology business incubator during FY 98/99.

1. Chairman to execute Release of Water (399 gpd) and Sewer (399 gpd) Capacity, as shown on page _______, for The Crossings Business Center.

 

Water & Sewer

2. Chairman to execute Wholesale Water and Wastewater Service Agreement, as shown on page _______, between the City of Sanford and Seminole County.

 

FISCAL SERVICES

Administration

3. Chairman to execute the Disaster Relief Funding Agreement, as shown on page _______, between the Department of Community Affairs and Seminole County, which authorizes Cindy Hall, Fiscal Services Director, as the contact representative for Seminole County and Ms. Hall and John Blackwood, Emergency Management Coordinator, to be the primary and alternate designated agents respectively.

 

Budget

4. BCR #98/163 - $17,000 – Public Safety – Emergency Communications/E911: Fund 12500 – Emergency Communications/E911 Fund. Accounting adjustment to provide capital funding for purchase of Emergency Communications/911 equipment. The department originally planned to lease this equipment and pay monthly leasing costs out of the operating expense budget.
5. Chairman to execute Satisfaction of Lien, as shown on page _________, for Robert and Luz D. Taylor for the Chula Vista Road Restoration Municipal Services Benefits Unit.
6. Chairman to execute Satisfaction of Lien, as shown on page ________, for William E. Prenitzer for the Black Hammock Phase II Water Distribution Municipal Services Benefits Unit.
7. Chairman to execute Satisfaction of Lien, as shown on page ________, for John J. & Patricia E. Farley for the Orlando/Brassie Road Improvement Taxing District.
8. Chairman to execute Satisfaction of Lien for Donald C. Lee for the Pressview Avenue Road Improvement Taxing District.
9. Chairman to execute Satisfaction of Lien, as shown on page ________, for Gaby and Maureen A. Ashy for the Lake Mills Shores Road Paving and Drainage MSBU.
10. Adoption of appropriate Budget Amendment Resolution #98-R-243, as shown on page ________, in the amount of $30,000, Economic Development: Fund 13100 – Economic Development. Economic Development received a donation of $30,000 from the Seminole County Port Authority to assist in the establishment and operation of a high-technology business incubator at the Port of Sanford.

 

Purchasing

11. Award FC-153-98/BJC, as shown on page _______, US 17-92 Fern Park Sidewalk & Landscape Improvements to Triple G Service Corporation, Inc., Bunnell.
12. Accept and authorize the Chairman to execute Certificate of Completion, as shown on page ______, for FC-118-97/BJC, Lockhart Paving and Drainage Improvements, with Superior Asphalt of Central Florida, Inc., Mt. Dora.
13. Ranking List for PS-532-98/BJC, Surveying Services; and authorize negotiations, award Master Agreements, as shown on page _______, to Bowyer-Singleton & Associates, Orlando; Southeastern Surveying & Mapping Corp., Maitland; and Tinklepaugh Surveying Services, Inc., Orlando; and authorize the Chairman to execute the agreements (not-to-exceed amount $300,000).
14. Chairman to execute Amendment #2 to PS-362-97/BJC, as shown on page ______, Courthouse Programming Services, with Architects Design Group, Inc., Winter park, $129,959.
15. Second (Final) Renewal to PS-364-96/BJC, Soil & Material Testing Agreement, with Ardaman & Associates, Inc., Orlando; and Nodarse & Associates, Inc., Winter Park (Not-to-exceed $75,000) (January 27, 1999 through January 26, 2000).
16. Second (Final) Renewal to PS-368-96/BJC, Consulting Services for Community Development Block Grant, with Florida Planning Group, Jacksonville (Not-to-Exceed $160,000) (January 10, 1999 through January 9, 2000).
17. Approve Second (Final) Renewal to Bid #953, Vehicle Lease Maintenance Agreement for 13 Solid Waste vehicles, with Ryder Truck Rental, Inc., Orlando (Not-to-exceed $213,408) (October 1, 1998 through September 30, 1999).

 

LIBRARY & LEISURE SERVICES

Administration

18. Chairman to execute Hold Harmless Agreement, as shown on page _________, for the Antique Car Show with Celery City Cruisers to be held on November 14, 1998 on the grounds of the Museum of Seminole County History.

 

Parks & Recreation

19. Adoption of appropriate Resolution #98-R-244, as shown on page ________, establishing the Seminole County Boating Improvement Program.

 

PLANNING & DEVELOPMENT

Administration

20. Chairman to execute Annual Agreement, as shown on page ________, with the Soil and Water Conservation District for FY 98/99 ($55,298).

 

Comprehensive Planning

21. Chairman to execute Subrecipient Agreements, as shown on page _________, with Rescue Outreach Mission ($37,100) and Victims Rights Coalition ($35,000) for homeless assistance activities through the Emergency Shelter Grant Program.
22. Chairman to execute a Subrecipient Agreement, as shown on page _______, with the Boys & Girls Club, Inc. ($25,000).
23. Chairman to execute Satisfaction of Second Mortgage Note, as shown on page ________, for Rosemary Hopkins and Randolph Hamilton ($3,500).

 

Current Planning

24. Authorize staff to advertise and schedule public hearings on November 24, 1998 at 1:30 p.m. and December 8, 1998 at 7:00 p.m. to consider Land Development Code Amendment to the Planned Unit Development Zoning Regulations; and direct the Fiscal Services Director to prepare the appropriate economic impact statement.

 

PUBLIC WORKS

Administration

25. Reappointment of Sanford Commissioner Whitey Eckstein to serve as a Municipal Member of the Seminole County Expressway Authority for a two-year term.

 

Engineering

26. Chairman to execute Interlocal Landscaping Agreement, as shown on page ________, between Seminole County and the City of Altamonte Springs in conjunction with the 3% Landscape Program for the Montgomery Road improvement project (SR 436 to SR 434).
27. Chairman to execute a Purchase Agreement, as shown on page _________, for property necessary to construct a sidewalk along Markham Woods Road, Eric T. Schabacker, $4,000.

 

Traffic Engineering

28. Chairman to execute the Amendment Letter, as shown on page ________, to CSX-032957 Railroad Wireline Crossing Agreement for the intersection of C-15 (Upsala Road) and Orange Boulevard.

Items #1 through #7 on the County Attorney’s Consent Agenda were presented for consideration.

Commissioner Adams requested Item #6, Seminole Estates Association, Inc. et al v. Seminole County, be pulled for a separate vote.

Motion by Commissioner Adams to deny request to defend a Verified Complaint filed in Circuit Court by a homeowners’ association, environmental groups and various individuals relating to the Astor Farms Comprehensive Plan amendment and associated rezoning, Seminole Estates Association, Inc. et al. v. Seminole County.

The Chairman called for a second to the motion three times without response, whereupon, the motion died for the lack of same.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize the County Attorney to defend a Verified Complaint filed in Circuit Court by a homeowners’ association, environmental groups and various individuals relating to the Astor Farms Comprehensive Plan amendment and associated rezoning, Seminole Estates Association, Inc. et al. v. Seminole County.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Adams voted NAY.

-------

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

1. Adoption of appropriate First Amended Resolution of Necessity #98-R-245, as shown on page _______, relating to Lake Emma Road road improvement project, Longwood Hills Road to Sand Pond Road.
2. Chairman to execute Purchase Agreement, as shown on page ________, relating to Parcel Number 130.5, located at 727 County School Trail, Chuluota, the Chuluota By-Pass road improvement project in the amount of $1,520 with no attorney’s fees or costs incurred, Theodore A. & Brenda H. Reichle, owners.
3. Chairman to execute Purchase Agreement, as shown on page ________, relating to Parcel Numbers 109/110, located at the corner of Winter Springs Boulevard and Tuskawilla Road of the Tuskawilla Road Phase III road improvement project in the amount of $32,053, including attorney fees and costs, Tuskawilla Homeowners’ Association, Inc., owner.
4. Adopt appropriate Supplemental Resolution of Necessity #98-R-246, as shown on page ______ relating to Grant Line Road road improvement project (construction from SR 46 to CR 46A, west of I-4); authorize waiving Code procurement procedures relating to acquiring second Appraisal Reports on the Grant Line Road parcels where the initial Appraisal Report exceeds $250,000; direct County staff to negotiate directly with Appraisal firms: (1) Diversified Property Specialists, Inc. (2) Hastings & Spivey, Inc., and (3) Clayton, Roper & Marshall, Inc.; and authorization for appropriate sub-consultants.
5. Authorization to issue Offers of Judgment at a sum not-to-exceed $40,000 in two business damage claims relating to Seminole County v. Butler Limited Partnership, et al, Parcel Numbers 113/713 of the Butler Limited Partnership Businesses, Clicks Billards, Inc. for $25,000 and Great Khan Restaurant, Inc. for $15,000.
6. Authorization to issue Offers of Judgment in the not-to-exceed amounts indicated for the following Howell Branch Road, Phase I cases: (a) Blackburn Parcel #132/632 – Seminole County v. Blackburn, $20,000; (b) Cameron Parcel #194/694 – Seminole County v. Cameron, $3,000; and (c) Windward Parcel #195/695 – Seminole County v. Windward Square Homeowners Association, $25,000.

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

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to advise previously the Board directed staff to negotiate a joint purchase (Seminole County & Environmental Protection Agency/Parks Services) of the Katie’s Wekiva River Landing Site. She further advised that it has become evident that there is an impasse with the State, in that the State is adamant of wanting day use of the site only. She stated that staff has also taken a strong position for the County to manage the property. She reported to the Board that Mr. Woodson, Katie’s Landing representative, has indicated that they are willing to offer the property to the County exclusively in order to move through the impasse. She said the staff is planning on meeting with the County Attorney’s Office to come up with a strategy on how the County can move forward.

Ms. Rotella also advised the Board that yesterday the County was presented with an opportunity to purchase another larger piece of property owned by the Catholic Diocese located south of SR 46 and consisting of 87 acres. She stated the State is interested in purchasing the property with the County and wants to talk about management of the property.

Discussion ensued with regard to the Katie’s Landing site.

Commissioner McLain recommended the County pursue purchasing the Katie’s Landing site.

Commissioner Van Der Weide expressed his concern that there may be some environmental pollution problems which the County might be responsible for cleaning up. Whereupon, Ms. Rotella advised that for any land purchase, an environmental assessment is conducted and the clean-up is the owner’s responsibility.

Commissioner Van Der Weide stated he believes it is important when the staff is negotiating this purchase, that they make a clean break with the State so that the County is in charge of managing it.

The Board, by unanimous consensus, directed staff to inform the State of Florida, that the County is entering into direct negotiations with the Katie's Wekiva River Landing property owners and that their assistance is no longer required.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to direct staff to enter into negotiations for the purchase of the Katie’s Wekiva Landing property.

Under discussion, Commissioner Morris stated he will not agree to anything over 3% interest. Whereupon, Commissioner McLain suggested discounting the purchase price for cash.

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

Upon inquiry by Ms. Rotella, the Board voiced no objections to having the State make a presentation with regard to a joint effort on the property located south of SR 46 (Catholic Diocese).

Request for Board direction with regard to an organized hunt on the Yankee Lake Sewer Treatment property presented for discussion.

Commissioner McLain explained that he asked staff to work this up and bring it before the Board at the request of the Paralyzed Veterans of America, Central Florida Chapter. He said this would be a one-time hunt to see how it goes and after that staff can come back with a briefing to see if this is something that can be done on an annual basis.

Commissioner Adams stated he supports the concept of providing this to the vets; however, he believes the Landfill property would be a better location.

Commissioner McLain advised there is already poaching on the property and he believes an organized hunt would be good for the deer population.

Commissioner Van Der Weide clarified that this would be for shotguns only. He suggested allowing the veterans to camp overnight.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to direct staff to move forward with organizing a hunt with the Florida Fish and Game Commission on the Yankee Lake Sewer Treatment property, to include overnight camping, for the Paralyzed Veterans of America, Central Florida Chapter, with staff to proceed with preparation of an agreement to be brought back to the Board on December 8, 1998.

Districts 2, 3 and 5 voted AYE.

Commissioners Maloy and Adams voted NAY.

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

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

-------

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

12. Proof of publication, as shown on page _________, from the Orlando Sentinel relative to Referendum Election Advertisements; Proposed Seminole County Public Decency Ordinance.

 

13. Recorded Drainage Easement, as shown on page ________, for NW 46, Ltd., Jerome & Lona Youderian and Jly Group Ltd., as approved by the Board on June 9, 1998, per vacate Resolution #98-R-128.

 

14. Right of Entry and License Agreement, as shown on page _________, to Seminole County Trail Opening for Robert A. Yeager per BCC approval on April 14, 1998.

17. Letter, as shown on page ________, from Cindy Hall, Fiscal Services Director, to Division of Ad Valorem Tax TRIM Compliance, re: 1998 Certification of Compliance-Seminole County (FY 1998/99).

 

18. Notice of Satisfaction of Connection Fees, as shown on page ________, relating to Utility Agreement for Water & Sewer Service for the Aloma Bend Marketplace.

 

19. Conditional Utility Agreement, as shown on page ________, for Sewer Service with Heathrow Land Company for the project known as Heathrow Tract 31 - Heron Ridge Phase 2.

 

20. Conditional Utility Agreement, as shown on page ________, for Sewer Service with Heathrow Land Company for the project known as Heathrow Tract 32.

 

21. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with FOG Partners Eleven Ltd. for the project known as Oakmonte Lot 1 - Walgreens.

 

22. Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service with Dye Construction and Development for the project known as Tuck’s Knoll Subdivision.

 

23. Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service with JJL Investments, Inc. for the project known as Canterbury Cove - Lot 69.

 

24. Amendment to Utility Agreements, as shown on page _________, for Water and Sewer Service with The Briar Corp. for the project known as Briar Corp. Phase III.

 

25. Bids as follows: FC-153; A/B-333; A/B-338; A/B-342; A/B-343; RFP-450; RFP-449A; RFP-451; and PS-533.

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

1. Expenditure in the amount of $18,700 from the Law Enforcement Trust Fund to fund supplies for the Seminole County Drug Abuse Resistance Education (D.A.R.E.) Program.
2. Expenditure in the amount of $18,815 from the Law Enforcement Trust Fund to purchase one Computer Voice Stress Analyzer (CVSA) for the Sheriff’s Office Employee Relation’s Division for pre-employment truth verification examinations.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to approve the Official Minutes dated October 13, 1998.

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

Chairman Morris announced that this will be the final meeting for Commissioner Win Adams and a resolution of commendation will be presented at the 1:30 p.m. meeting.

A cake was brought into the meeting at this time in appreciation of Commissioner Adams.

-------

The meeting was recessed at 11:21 a.m., reconvening at 1:37 p.m., with all Commissioners and all other Officials (with Commissioners Maloy and Van Der Weide entering late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

-------

The Invocation was given by Chaplain Charles Pitroff, Good News Jail and Prison Ministries.

Gary Kaiser, County Manager, led the Pledge of Allegiance.

-------

Chairman Morris stated today’s meeting is the first broadcast meeting by Time Warner Communications and the Board is looking forward to additional and better coverage of these meetings. He stated if anyone has a suggestion in making these broadcasts more receptive and getting information out to the public in a better fashion, please feel free to contact them.

Motion by Commissioner McLain to adopt appropriate Resolution #98-R-240, as shown on page _________, commending Commissioner Win Adams for his four years of service to Seminole County.

Chairman Morris surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.

Districts 2, 4 and 5 voted AYE.

Chairman Morris presented Commissioner Adams with the resolution in a plaque. Commissioner Adams expressed his appreciation to Commissioners Morris and McLain for their help in accomplishing a lot of issues in the last four years.

Commissioners Morris and McLain expressed their appreciation to Commissioner Adams and they wished him the best in the future.

The gavel was returned to Chairman Morris.

-------

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-241, as shown on page __________, proclaiming Monday, November 23, 1998, as UCF Day in Seminole County to honor the UCF football program and its players and coaches.

Districts 2, 4 and 5 voted AYE.

-------

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-242, as shown on page _________, in support of the efforts of the Sanford Airport Authority to secure a Foreign Trade Zone designation within Seminole County.

Districts 2, 4 and 5 voted AYE.

The Board presented the Resolution to Bob Turk, Economic Development Manager.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize filing the proofs of publication for this meeting's scheduled public hearing.

Districts 2, 4 and 5 voted AYE.

-------

Chairman Morris stated today is job shadow day, where students follow officials to see what happens on the job. He introduced John Sabino of Seminole High School and Jeff Hammer of Lake Brantley High School.

Cindy Coto, Deputy County Manager, addressed the Board to state staff is recommending that Item #1, Approve Satisfaction of Lien, Case #92-58-CEB, be pulled at this time. She stated staff will bring back some policies that the Board may want to take into consideration for reducing or waiving fees for future code enforcement items. At that time, this item will also be brought back.

Motion by Commissioner Adams, seconded by Commissioner McLain to withdraw request to approve Satisfaction of Lien on property located at 201 Eileen Ave., Altamonte Springs, Case #92-58-CEB, subject to staff bringing this back at a future date along with procedures for considering reducing or waiving future code enforcement items.

Districts 2, 4 and 5 voted AYE.

-------

Ms. Coto stated staff is also recommending that Item #6, Approval of Wholesale Water & Wastewater Service Agreement with the City of Casselberry, be pulled and brought back at the November 24, 1998 meeting. She stated at that time staff will provide comparisons from both City Managers.

Motion by Commissioner Adams, seconded by Commissioner McLain to withdraw request to approve Wholesale Water & Wastewater Service Agreement with the City of Casselberry to service Sunlake PUD, to be brought back at the November 24, 1998 meeting.

Districts 2, 4 and 5 voted AYE.

Commissioner Van Der Weide entered the meeting at this time.

-------

Mr. McMillan presented a Resolution relative to monitoring the City of Casselberry’s development and progress with regard to the electoral results on the non-binding question relative to appearing nude in establishments that serve alcoholic beverages.

Commissioner Adams read the resolution into the Record.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-249, as shown on page ________, directing the County Attorney to monitor the City of Casselberry’s electoral results on the non-binding question relating to appearing nude in establishments that serve alcoholic beverages.

Under discussion, Commissioner McLain stated this Board took a strong position in enacting a new adult entertainment ordinance. He stated several adult entertainment establishments have been closed and he feels the Board should continue working closely with this, as he does not want the clubs in Casselberry to not serve alcohol and then have the County clubs serving alcohol. He added he feels this would make the clubs in the County more attractive.

Districts 2, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to vacate and abandon 7.5 foot portions of the 15-foot platted drainage and utility easements on several lots in the Alaqua Lakes Phase I and II, Taylor Woodrow Communities.

Commissioner Maloy entered the meeting at this time.

Sylvia Smith, Plans Examiner, addressed the Board to state the resolution will include Lots 57 through 66 in Phase I. She stated the applicant has provided letters from the affected utility companies indicating that they have no objections to the request.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-248, as shown on page __________, vacating and abandoning 7.5 foot portions of the 15-foot platted drainage and utility easements on several lots in Alaqua Lakes Phase I; and Resolution #98-R-250, as shown on page _________, vacating and abandoning 7.5-foot portions of the 15-foot platted drainage easements, in Alaqua Lakes Phase II, Taylor Woodrow Communities.

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

Henry Brown, Assistant County Attorney, addressed the Board to request authorization to settle or reject a negotiated Settlement Agreement relative to disputed ownership of the Trail property. He displayed a map showing the location of the property and surrounding area. He stated the Lefflers and Parkers claimed ownership by virtue of the railroad track being abandoned years ago. The County claimed ownership by virtue of point of platted roadway. He said staff researched the status of the vacate and found that the platted roadway was never vacated. The Lefflers and Parkers claimed ownership of that portion of the trail and also claimed ten access crossings across the trail. Mr. Brown added staff disclosed six permitted crossings. Centex Homes offered to purchase the Leffler property contingent upon the Lefflers providing deeded easement crossings and the Lefflers were unable to deed the easements without clear ownership. Under the proposed settlement, the Lefflers and Parkers quitclaim any ownership interest they ever had across the disputed trail property to the Board of Trustees and they dismiss the lawsuit with prejudice. The County would agree to quitclaim its interest in Hicks Avenue to the Board of Trustees. The Board of Trustees in Tallahassee will agree to convey three access points to the Lefflers and two to the Parkers. All parties will pay their own attorneys’ fees and costs. He stated the Lefflers and Parkers have signed the agreement and staff will go to the Board of Trustees in Tallahassee to obtain their signature.

No one spoke in support or in opposition.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize Chairman to execute Settlement Agreement and County Deed, as shown on page _________, conveying the County’s interest in Hicks Avenue to the Board of Trustees relative to Leffler Co., et al v. The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, et al.

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

Attorney Lynn Vouis addressed the Board to present request to approve settlement in the amount of $49,000 inclusive of all attorneys’ fees and costs relating to Parcel Nos. 102/602, Howell Branch Road improvement project. She stated the County erroneously acquired a small square with an electric sign on it without purchasing it. She said staff has worked with the property owners and finally has come up with a settlement that is very reasonable. The property owners originally offered $250,000 for this property and they have reached a tentative settlement of $49,000, which includes all attorney fees and costs and appraisal fees.

Upon inquiry by Commissioner Adams, Ms. Vouis advised in order to keep this problem from happening again, the County will acquire title insurance.

Commissioner Adams stated it sounds like the County has made an error and he believes the Board should make some form of corrective action on this issue.

At the request of Commissioner McLain, Robert McMillan, County Attorney, briefed the Board on how they have changed the structural process since they took over the acquisition process. Discussion ensued.

No one spoke in support or in opposition.

Motion by Commissioner Adams, seconded by Commissioner McLain to approve proposed settlement relating to Parcel Nos. 102/602, Howell Branch Road improvement project in the amount of $49,000, inclusive of all attorneys’ fees and cost.

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

Gary Schindler, Planner, addressed the Board to present request to approve plat waiver for Lot 10 of the South Park Business Center located on the south side of Iron Bridge Road, west of Alafaya Trail, Steven B. Swaggerty. He stated the proposed plat waiver complies with the following criteria of the Seminole County Land Development Code: (1) It creates only two lots; (2) It has access on a paved public road; (3) It does not create a new road or frontage road; and (4) It complies with the intent of the subdivision regulations.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve plat waiver for Lot 10 of the South Park Business Center located on the south side of Iron Bridge Road, west of Alafaya Trail, Steven B. Swaggerty.

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

-------

Mr. Schindler presented request to approve Preliminary Subdivision Plan for property located at the northeast corner of Red Bug Lake Road and Dodd Road, P.A.C. Land Development Corp. He stated he believes the Board has a letter (received and filed) from the applicant requesting that this item be withdrawn. He said staff supports the request to withdraw.

Upon inquiry by Chairman Morris, Mr. Schindler advised a lot of work has gone into this request and staff does not feel that the fees should be refunded, but will do so if that is the Board’s desire.

Upon inquiry by Commissioner McLain, Mr. Schindler advised if former commitments were made in the development order, staff will follow up on those commitments.

Commissioner McLain stated staff needs to make sure that the commitments in the development order are carried forward.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to accept the withdrawal of request for Preliminary Subdivision Plan for property located at the northeast corner of Red Bug Lake Road and Dodd Road, P.A.C. Land Development Corp.

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

-------

Mr. Schindler presented request to approve Preliminary Subdivision Plan for Sunshadow Commercial Subdivision located at the southwest corner of SR 434 and Shadow Drive, SFH Enterprise. He stated this request is consistent with the PUD zoning.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve Preliminary Subdivision Plan for Sunshadow Commercial Subdivision located at the southwest corner of SR 434 and Shadow Drive, SFH Enterprise.

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

-------

Mr. Schindler presented request to approve Preliminary Subdivision Plan for Alaqua Lakes Phase 5 located at the southwest corner of Lake Mary Blvd. and Markham Woods, Taylor Woodrow Communities.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan for Alaqua Lakes Phase 5 located at the southwest corner of Lake Mary Blvd. and Markham Woods, Taylor Woodrow Communities.

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

-------

Mr. Schindler presented request to approve Preliminary Subdivision Plan for Heathrow Tract 33 located at the northwest corner of Heathrow Blvd. and Orange Avenue, Heathrow Land Co., Ltd.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan for Heathrow Tract 33 located at the northwest corner of Heathrow Blvd. and Orange Avenue, Heathrow Land Co., Ltd.

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

Chairman Morris stated staff has been working for some time relative to impact fees for private and church schools. He stated the impact fees for new schools turned out to be a direct path to tuition, which ultimately the residents who pay taxes for schools have been paying additional impact fees if they send their children to private schools. Road impact fees have been lowered by approximately 78% and the remaining 22% need to be addressed. He stated he would hope that the Board would stick with their intent in trying to eliminate these impact fees.

Commissioner Van Der Weide stated he would like to direct staff to proceed further and finalize this program as it benefits the community and it cuts down a lot of the expenses. He stated he would also like to have staff look at the water and sewer fees.

Commissioner McLain stated this Board unanimously supported this process and their ultimate goal is to make private schools more affordable and to give parents more choices.

Commissioner Maloy stated he feels that 78% is a good first step and he feels they should continue to look forward with the other types of impact fees. He stated he would recommend continuing the terms of abatement for any applications.

Commissioner Adams states he supports reducing the impact fees as it makes sense.

Ms. Coto stated the abatement of water and sewer impact fees has not been discussed with the Bond Council and she is not sure if the Board can do that. Discussion ensued.

Commissioner McLain stated he believes the direction is to have staff come back to the Board with what can be done in the feasibility with other impact fees. No objections were voiced.

Upon inquiry by Chairman Morris, Frances Chandler, Planning & Development Director, addressed the Board to state two aspects were looked at relative to church and other private schools. One study was done in-house relative to road impact fees and the other was the Land Development Code changes. That is in the process now with the current amendment cycle to the Land Development Code relative to placement of private schools in zoning districts. She stated if the Board wants staff to look at the 22% that is left of the road impact fees, then the next question is does the Board want the County Attorney’s office to look at an exemption of those fees. The Board had no objections to the County Attorney looking into same if it can be done in-house.

Commissioner McLain stated he feels it is clear that the Board wants private schools to be on an even par with public schools when it comes to all impact fees and development costs. Chairman Morris concurred.

Ms. Coto stated staff would need to obtain a legal opinion from the Bond Council to see if the fees can be abated for water and sewer. She stated staff will attempt to provide this information to the Board at the December meeting.

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

1. Letter dated 10/22/98 from Bill Peterson to BCC re: light rail.

 

2. Copy of letter (with attachment) dated 10/27/98 from Lonnie Groot, Deputy County Attorney, to Joanna Legg, FPC Employees Assoc., re: placement of buoys in Bear Lake.

 

3. Copy of letter dated 10/23/98 from Robin Gleason, Traffic Engineering, to Gene Lindsey, Bear Lake Preservation Assoc., re: placement of buoys in Seminole County lakes.

 

4. Copies of identical text letters dated 10/26/98 from Lonnie Groot, Deputy County Attorney, re: Battle Ridge to: Regina Bereswill and Valerie El-Jamil.

 

5. Fax dated 10/27/98 from Keith A. Hulbert, FPC, to Chairman Morris re: request to reconsider denial of application for ROW permit.

 

6. Copy of letter (with attachment) dated 10/13/98 from Chairman Morris to FL DCA re: transmittal of adopted large scale plan amendments to Seminole County Comprehensive Plan.

 

7. Copy of letter (with attachment) dated 10/23/98 from Steven L. Chitwood, Central FL HANDS, to Kelly Loll, Purchasing Manager, re: RFP-448-98/BJC.

 

8. Letter (with attachment) dated 10/20/98 from Warren H. Newell, Palm Beach County BCC, to BCC re: licensing of pawn shops in FL.

 

9. Letter (with attachment) dated 10/23/98 from Darrell Kelley, Metro-Orlando EDC, to BCC re: major business activity.

 

10. Fax dated 10/27/98 from Michael F. Towers, Fleet Financial Corp., to Commissioner McLain re: Seminole County building code. (cc: BCC, CM, DCM)

 

11. Memo dated 10/27/98 from John Dean Moxley, Jr., Chief Judge, to Chairman Morris re: canvassing board for 11/3/98 election. (cc: BCC, CM, DCM, Sandra Goard)

 

12. Fax dated 10/28/98 from Henry Dean, SJRWMD, to Chairman Morris re: South Central Seminole County reuse water program. (cc: BCC, CM, DCM, Environmental. Svs.)

 

13. E-mail dated 10/25/98 from Janene Wyatt to Chairman Morris in opposition to development in Chuluota. (cc: BCC, CM, DCM, Comprehensive Planning)

 

14. Notice of 11/5/98 City of Sanford P&Z public hearing re: property at 318 S. French Ave. (cc: BCC, CM, DCM, Current Planning)

 

15. Fax dated 10/27/98 from Holly Heath to Chairman Morris re: land acquisition request on SR 419 under CARL-Preservation 2000 program. (cc: BCC, CM, DCM, Comprehensive Planning, County Attorney)

 

16. Fax dated 10/28/98 from Mary Welch, Habitat for Humanity, to Chairman Morris re: community contribution tax credit program resolution. (cc: BCC, CM, DCM, County Attorney, Comprehensive Planning, CDBG to respond)

 

17. Notice of 11/5/98 City of Sanford P&Z/LPA public hearing re: property at 4249 Orlando Dr. (cc: BCC, CM, DCM, Comprehensive Planning, Current Planning, Development Review)

 

18. Notice of 11/5/98 City of Lake Mary "Downtown Development District" public hearing. (cc: BCC, CM, DCM, Comprehensive Planning, Current Planning, Development Review, County Attorney)

 

19. Press release dated 10/29/98 from Michael Ertel, Community Information Coordinator, re: 11/6/98 GIS demonstration.

 

20. Parks/Recreation Contract for Services for Tim Anderson, as shown on page _________.

 

21. Notice from Al Hill, GIS Manager, of 11/6/98 GIS open house.

 

22. Press release dated 10/29/98 from Michael Ertel, Community Information Coordinator, re: changes in County government telephone numbers.

 

23. Letter (with attachment) dated 10/29/98 from Ray Valdes, Tax Collector, to Chairman Morris re: refund from General Fund unused revenue for FY 1997/98, $3,194,456.

 

24. Letters in opposition to development in the Wekiva Protection Area from: Patrick J. Winkelman, MCS of FL and Cheryl Galloway. (cc: BCC, CM, DCM, Comprehensive Planning)

 

25. Notice of 11/2/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)

 

26. Fax dated 10/30/98 from Michael C. Moehle to Chairman Morris re: SJRWMD.

 

27. Letter (with attachment) dated 10/30/98 from Randy Johnson and Jason Weeks, Central FL Sports Authority, to BCC re: October monthly report.

 

28. Memo dated 10/23/98 from Kathy Brown, Senior Planner, to Sandy McCann, Recording Secretary, re: submissions to County Records.

 

29. Notice of 11/5/98 District 7 Health & Human Svs. Board meeting and agenda.

 

30. Letter dated 10/29/98 from Janet R. Dougherty, Sanford City Clerk, to Chairman Morris re: endorsement by Sanford City Commission of Whitey Eckstein for reappointment to the SCEA.

Commissioner Van Der Weide stated he has noticed that Sabal Point Elementary School does not have sidewalks in front of it on Wekiva Springs Road. He said sidewalks end at the Penney’s Credit Office near the school, and he feels that the County needs to take this into consideration when they do road work.

Commissioner McLain stated a few years ago the County and the School Board worked together in establishing a task force and the County committed to building sidewalks with funds the County received from the School Board. He stated it is surprising that this situation wasn’t high on the priority list. He said he would like a report on this as the Board committed money to the sidewalk program.

Chairman Morris recommended that these issues be brought back to the Board at the next meeting.

-------

Commissioner Adams reminded the Board of an Expressway Authority meeting at 4:30 p.m. He stated the meeting pertains to reorganization of the Authority.

-------

Motion by Commissioner Adams to appoint Mike Goode to the Seminole County Port Authority to serve out the term vacated by Ken Wright; and adopt appropriate Resolution #98-R-251, as shown on page _________, commending Ken Wright for his services on said committee.

Commissioner Van Der Weide stated that recommendation was made at the last meeting and the reason he didn’t go with the motion was because a new commissioner is coming on board and he feels he will turn around and make the same appointment.

Mr. McMillan stated there were only three Commissioners in attendance at the time this issue was brought up and he believes there was no second to the motion and no vote.

Commissioner McLain seconded the motion. He stated he knows that Mr. Good has helped the County in many ways including the fires during the summer. He stated Mr. Good has graciously accepted to serve on this committee and he feels that it is appropriate to appoint him. Discussion ensued.

Commissioner McLain stated he would be in favor of phasing these appointments based on a commissioner’s term. He stated that is an issue that needs to be considered at a later date.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

-------

Commissioner Maloy appointed Sharon Rousey to the Disability Advisory Board.

-------

Chairman Morris reminded the Board of the Expressway Authority meeting scheduled for 4:30 p.m. today. He also reminded the Board of a reorganizational meeting on November 17 with the swearing in of himself and Commissioner-Elect Henley. He advised there is no night meeting tonight nor in two weeks and one meeting is scheduled in December.

At the request of Mr. Kaiser, Chairman Morris recognized Mr. Sabino for being in attendance during the entire meeting today, and at the request of Chairman Morris, Mr. Sabino declared the meeting adjourned at 3:27 p.m.

ATTEST_____________________Clerk_______________________Chairman