BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
NOVEMBER 28, 2000
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, November 28, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
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
Absent: Chairman Dick Van Der Weide (District 3)
Pastor John Overcash, Sanford, Church of Christ, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
Vice Chairman Randy Morris, advised Chairman Dick Van Der Weide is not in attendance so he will be chairing the meeting. He announced that the presentation by United Arts will be moved until late in the agenda due to technical problems with the slides.
COUNTY ATTORNEY'S REPORT
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve and authorize the following:
1. Additional payment of fees and costs relating to Parcel Numbers 153/753 of the County Road 427 Phase VI road improvement project, located at 3900 County Road 427 North, Sanford, in the amount of $23,150.75, Paul Vandestreek
property. A settlement of $229,539.48 was approved by the BCC on December 14, 1999.
2. Mediated settlement agreement related to Parcel Numbers 101, 801A, 801B, 8OlC, 801D, 803, 109, 809, 113, 113A, 119, 719, 819A, 819B, 819C and 806 of the Grant Line Road improvement project a/k/a International Parkway extension, Jeno F. Paulucci, in the amount of $1,361,500.00 for all outstanding claims in the eminent domain litigation, including attorneys’ and experts’ fees and costs.
Districts 1, 2, 4 and 5 voted AYE.
County Attorney, Robert McMillan, requested direction with regard to the selection of a hearing officer for the Lindner Appeal. He advised Tallahassee Mediation Services is the group the County used in the House of Babes case. He stated staff would recommend either Tallahassee Mediation Services or DOAH.
Commissioner Henley stated he would rather go out of the area and would prefer going with Tallahassee Mediation Services.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize the County Attorney to negotiate and execute a contract with Tallahassee Mediation Services, Tallahassee, to serve as hearing officer for the Lindner Appeal.
Under discussion of the motion, Commissioner McLain questioned why DOAH could not be used. Whereupon, Mr. McMillan advised he had concern on how quickly DOAH could conduct the hearing. His understanding is that Tallahassee Mediation Services has indicated they could conduct the hearing immediately.
Upon inquiry by Commissioner Henley, County Manager, Kevin Grace, advised the money for this contract will come out of Contingency.
Districts 1, 2, 4 and 5 voted AYE.
Mr. McMillan advised litigation has been filed against the Seminole County Canvassing Board. He stated initially, Supervisor of Elections Sandy Goard engaged the services of Holland and Knight to represent her. In the initial suit, it named the Canvassing Board as individuals, and Attorney Donna McIntosh was engaged to represent them. Attorney McIntosh filed a motion to dismiss the individual members and that motion was granted. Attorney McIntosh is seeking attorney fees based on the frivolous lawsuit and she is now off the case. He further advised that because of a conflict, Holland & Knight resigned from the case and Ms. Goard then retained Terry Young of the Lowdnes, Drosdick firm. The Canvassing Board case has been transferred from the County Circuit Court to Tallahassee.
Upon inquiry by Commissioner Morris, Mr. McMillan advised the plaintiff in this case is Harry Jacobs of Jacobs and Goodman.
Mr. McMillan also advised that Ms. Goard is requesting a transfer of funds into her budget for attorney fees.
Mr. Grace advised Ms. Goard is requesting $50,000.
Commissioner Morris stated he believes it is important to have someone representing the BCC at the table. He said this lawsuit against the Canvassing Board has been mentioned repeatedly on a national level and he believes the Seminole County BCC should have someone watching this very closely.
Commissioner McLain stated he would think Mr. Young would keep the County informed of what is going on.
Mr. McMillan stated things are happening very quickly. He said monitoring outside counsel is not unusual for his office.
Motion by Commissioner McLain, seconded by Commissioner Maloy to authorize transfer in the amount of $50,000 from the Contingency Fund to the Supervisor of Elections for legal representation in the Canvassing Board lawsuit.
Districts 1, 2, 4 and 5 voted AYE.
The Board directed the County Attorney to continue to monitor this lawsuit and use his best judgment to protect Seminole County's interests.
COUNTY MANAGER'S REPORT
The Consent Agenda was presented for action. Vice Chairman Morris advised of correction to Item #10, BCR #00/175, changing the Fund number from 001 to 401. He also pointed out that Item #14 is a donation from the Friends of the Library and commended them for same.
Motion by Commissioner Maloy, seconded by Commissioner McLain to approve and authorize the following:
5. Approve the appointment of Oviedo City Councilman, Robert Dallari, to the Community Services Block Grant Advisory Board to fill an unexpired term ending March 9, 2004.
6. Approve and authorize release of Sewer Capacity (600 gallons) between Seminole County and the City of Lake Mary for the Crystal Lake project.
7. Release Maintenance Bonds No. 003971 ($4,425.00), 003967 ($20,513.60), 003969 ($6,681.62), for water and sewer accepted in the Lake Forest Section 6A, 6B, 7A projects; and release Maintenance Agreement and Irrevocable Letter of Credit No. P600561 ($17,925.99) for water and sewer accepted in the Huntington Pointe 4B project.
8. Approve and authorize release of water and sewer capacity (12,263 gallons) Agreement, as shown on page _______, between Seminole County and Buffalo-Casselberry Business Trust, a Delaware Business Trust and Buffalo, LH Business Trust, a Delaware Business Trust for the Lake Howell Square project.
9. Approve and authorize Chairman to ratify issuance by the Orange County Housing Finance Authority Multi-Family Revenue Bonds for Howell Branch Station Apartments, on behalf of Seminole County, Resolution #2000-R-231, as shown on page ________.
10. BCR #00/175 - $207,992 – Environmental Services – Water and Wastewater: Fund 401 – Water & Sewer. Year-end cleanup for FY 99/00. Transfer of funds needed for landscaping, mowing and sludge hauling associated with various projects to offset fuel costs; and higher than anticipated purchased capacity under wholesale agreements.
11. BCR #01/10 - $5,500 – Information Technologies – Telecommunications: Fund 10101 – Transportation Trust. Transfer of funds to Fleet, non-contract for the repair and painting of SGTV vehicle BCC #1786. Price quote for work was obtained by Fleet.
12. BCR #01/11 - $30,000 – Administration Services – Facilities Maintenance: Fund 001 – General Fund. Account line change only to place funds in the proper account line to provide a fence at the Shenandoah Property in the proper account.
13. BCR #01/13 – $210,000 – Public Safety – EMS/Fire/Rescue: Fund 112000 – Fire Fund. This transfer of funds is required to offset $64,000 of insurance proceeds to replace Fire Engine 27, which sustained extensive damage in a traffic accident.
14. Adoption of Budget Amendment Resolution #2000-R-232, as shown on page ________, $41,368 – Library & Leisure Services: Fund 60303 – Library Donation Fund. Additional revenue has been received into the Library Donation Fund since May 2000. A portion of this amount is a pledge match from the Friends of the Library for the Library Service and Technology Act Grant. The Friends match is needed to complete the purchase of self-checkout machines for all the library branches. This action will allow sufficient funds to be available for this purpose.
15. Adoption of Budget Amendment Resolution #2000-R-233, as shown on page _______, $75,000 – Sheriff’s Office: Fund 00100 – General Fund. Waste tire sub-grantee award from the Solid Waste Management Division to the Sheriff’s Office for the enforcement, prevention, and investigation of illegal dumping.
16. Adoption of Budget Amendment Resolution #2000-R-234, as shown on page ________, $1,044,667 Accounting Adjustments/$186,229 Grant Funds – Sheriff’s Office: Fund 00100 – General Fund. Sheriff’s Office FY 99/00 unexpended grant funds ($1,044,667) were turned into the Board of County Commission at the close of the fiscal year per Florida Statutes. These funds must be returned to the Sheriff’s Office in order to continue the programs in the current fiscal year. The funding will be drawn from General Fund reserves, which will later be reimbursed at the mid-year fund adjustment. Additionally ongoing grants for FY 00/01 are recognized ($186,229).
17. Adoption of Budget Amendment Resolution #2000-R-235, as shown on page _______, ($150,000) – Library and Leisure Services – Parks and Recreation: Fund 00100 – General Fund. To recognize receipt of funds from the Florida Recreation Development Assistance Grant Award. Funds will be utilized for the Greenwood Lakes Expansion project.Purchasing
18. Award FC-1129-00/BJC Contract, as shown on page _______, Consumers Maintenance Building Extension, to Whitman Construction & Development, Inc., Orlando ($69,268.00).
19. Award FC-1132-00/BJC Contract, as shown on page _______, Greenwood Lakes Park Expansion, to Varsity Courts, Inc., Longwood ($357,777.00).
20. Award FC-1134-00/BJC Contract, as shown on page ________, Landfill Gas Management System - Modifications Number 1, Osceola Landfill, to Handex of Florida, Inc., Mount Dora ($196,460.00).
21. Award FC-1133-00/BJC Contract, as shown on page _______, Old Lockwood Road - Phase II (McCulloch Road to Seminole Community College Entrance), to Southland Construction, Inc., Apopka ($933,615.35).
22. Approve Change Order #4, as shown on page _______, to FC-184-99/BJC – McCulloch Paving, Force Main and Water Main Relocation Project, with Southland Construction, Inc., Apopka ($29,362.15).
23. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for FC-197-00/BJC – Little Wekiva River Erosion Management Project (Seminole County Area 3 Erosion and Sediment Control), with Sunshine Building and Development Corporation, Casselberry.
24. Approve Amendment #5 to Work Order #9, as shown on page ________, to PS-140 – Engineering Consulting Services for International Parkway Extension (formerly known as Grantline Road) Gravity Sewer, Water and Reclaimed Water Utility Project, with CPH Engineers, Inc., Sanford ($14,500.00).
25. Award RFP-491-00/BJC Contract, as shown on page ________, Legal Services for Construction Claims and Litigation, to Lyon Kirwin, Attorneys at Law, Winter Park ($135.00 blended hourly rate).
26. Award A/B-3005-00/JVP – Solid Waste Services to Superior Team Orlando, Orlando (Not-to-exceed $102,000.00 for a three (3) year period).
Library & Leisure Services
Parks & Recreation
27. Approve and authorize Chairman to execute Agreement, as shown on page _______, with the City of Sanford for Boating Improvement Program (Fiscal Year 00/01).
Planning & Development
28. Approve and authorize Chairman to execute the Subrecipient Agreement, as shown on page _______, with Meals on Wheels, Etc., Inc. for the Seminole County SHIP Emergency Housing Repair Program.
29. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page ________, with the Seminole County Lake Mary Regional Chamber of Commerce ("Chamber") to continue the SHIP-funded down payment assistance program.
30. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page _______, with Housing & Neighborhood Development Services of Central Florida, Inc. (HANDS) to provide housing counseling for lower income households in Seminole County.
31. Approve and authorize Chairman to execute Intergovernmental Agreement, as shown on page ________, with Seminole County and Central Florida Regional Transportation Authority (LYNX) for the purchase of mass transit infrastructure using the County’s one cent Infrastructure Sales Surtax funds, as agreed during the FY 1999/2000 budget process.
32. Approve and authorize (1) additional funds needed for Seminole County’s share of the estimated cost of the Alafaya Trail/Dean Road Connection Corridor Study; (2) transfers of the identified monies in each fund into consistent accounts to facilitate appropriate accounting and project administration; and (3) Chairman to execute the Interlocal Agreement, as shown on page _______, for the Alafaya Trail/Dean Road Connection Corridor Study.
33. Approve and authorize Chairman to execute Funding Agreement, as shown on page ________, between Seminole County and Metropolitan Organization (dba METROPLAN Orlando) at an assessment of $0.75 per capita.
34. Approve and authorize Chairman to sign a letter to the U.S. Bureau of the Census requesting a statewide post-census local review and a reopening of the Call Center.
Medical Quality Assurance & Education
35. Approve and authorize Chairman to execute the Emergency Medical Services Trust Fund Resolution #2000-R-237, as shown on page _______.
36. Approve and authorize Chairman to execute the Joint Construction Agreement, as shown on page ________, with the City of Altamonte Springs for improvements to Citrus Street from Palm Springs Drive to Grove Avenue.
37. Adopt Resolution #2000-R-236, as shown on page ________, accepting the QuitClaim Deeds, as shown on page ________, from John P. Kierman and Bruce David McGonigal to Seminole County for property necessary for roadway improvements to Lake Cochran Road, a/k/a Cochran Road.
38. Approve and authorize Chairman to execute Second Renewal of the Cooperative Agreement, as shown on page ________, between the St. Johns River Water Management District and Seminole County for the Watershed Action Volunteer (WAV) Program Coordination.
Districts 1, 2, 4 and 5 voted AYE.
Addendum #1 to Bill Heard Chevrolet PCD Final Site Plan and Developers Commitment Agreement (Signage Revisions) was presented for approval.
District Commissioner McLain advised he visited the site yesterday and he believes everyone is in agreement with this.
Zoning Section Chief, John Dwyer, addressed the Board to advise staff is in agreement. He further advised the applicant has agreed to four-foot letters on the rear and side from Orange Avenue. He added the amount of signage is commiserate with the amount at the AutoNation site.
Commissioner McLain stated his major concern was that there be equity among the two large dealerships.
Motion by Commissioner McLain, seconded by Commissioner Henley to approve the proposed overall signage package for Bill Heard Chevrolet, subject to the use of four-foot tall letters to be utilized for building fascia frontage on the buildings facing Oregon Avenue; and to approve Addendum #1, as shown on page _______, to the PCD Final Site Plan and Developers Commitment Agreement.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY MANAGERS BRIEFING
Director of Fiscal Services, Cindy Hall, and John Jones, Economic Development, addressed the Board to discuss request from The Sanford Advertising Co-op for a $25,000 grant.
Mr. Jones advised the City of Sanford is participating with $10,000 in cash and $15,000 of in-kind services. He further advised that the 17-92 CRA declined to fund the advertising campaign.
Motion by Commissioner McLain to grant $25,000 to The Sanford Advertising Co-op from the Economic Development Incentive account.
The Vice Chairman called for a second to the motion three times, whereupon, the motion died for the lack of same.
Upon inquiry by Commissioner Morris, Mr. Jones advised the CRA turned down this request because they indicated they were pooling their money for a bond issue and are stockpiling funds for future projects.
Mr. Grace advised the County has not used incentive money for advertising in the past; and should the Board desire to fund this, he would prefer the money come out of the General Fund. He added he is afraid next year the Board will be presented with similar requests if this is approved.
Commissioner Morris explained the reason why he did not second the motion was because he does not believe the Economic Development fund is the appropriate funding source.
Commissioner Maloy stated he feels the CRA was the appropriate funding mechanism. He added he would not support this money coming out of the General Fund because he believes it breeds inequities. He also said if the Board opens the door to this request, there will be others to deal with.
Commissioner Henley concurred with Commissioner Maloy, stating he is concerned with the precedent this will set.
Commissioner McLain stated it is obvious the Board needs to wait for Chairman Van Der Weide's return to consider this issue.
Lin Polk, Fiscal Services, addressed the Board to request direction with regard to proceeding with procedures for a subdivision wall reconstruction MSBU. She advised that currently there are nine requests for wall MSBU's. She reviewed the proposed procedures, stating that staff is recommending this to provide for wall reconstruction for existing walls in residential areas. She said the County would not be responsible for maintenance, repairs, fountains, landscaping, irrigation, lighting or long-term liability on such projects. The proposed procedures also require all property owners of the existing wall and/or property owners abutting the wall to sign approval of the project during the application phase. Title searches will be required and temporary easements must be granted prior to creation of the district. The easement period would be seven years to cover reconstruction and five years for repayment. The petition requires 65% of approval of all benefiting property owners in order to create the district and 100% of property owners abutting the wall. The property owners abutting the wall will pay at a higher assessment rate than others within the district.
Commissioner Henley stated that the County cannot use public funds on private property. He said it appears the County can get around this by having temporary easements. He questioned what liability the County would have during the period of temporary easements. Whereupon, Mr. McMillan advised the County would be liable.
Upon inquiry by Commissioner Henley, County Engineer, Jerry McCollum, addressed the Board to advise design and construction would be contracted out; however, Engineering would still have to manage the program. He said with current staff, they could only handle one project a year.
Ed Wassitt (phonetic), Sunrise Subdivision Homeowners Association board member, addressed the Board to advise their wall is falling down. He said they are in a good area, however, if the wall is not fixed, their property values will deteriorate. He added they are looking to the BCC for help.
Commissioner McLain stated that if the Board is going to consider this, he believes, they should look at the Sunrise Subdivision as a pilot project.
Deputy Clerk Sandy McCann was replaced by Deputy Clerk Carylon Cohen at this time.
Discussion continued with Mr. Wassitt and among the Board regarding establishment of the MSBU.
Chairman Henley stated before making a decision that the Board is going to select this as a pilot project, he thinks they should have information on what the deed restrictions say, the amount of space that goes with the project that belongs to the homeowners’ association, and get some indication of how widespread the desire is before they do this and find out later that the people don’t want it.
Upon inquiry by Commissioner Morris, Mr. Wassitt stated he doesn’t think it would be a problem to poll the Homeowners’ Association members over the next month to find out how the people feel.
Commissioner Maloy stated none of the Association members have actually reviewed the proposal before the Board. The Board doesn’t know if the residents will want to do this, once they look through the proposal. He said he would like to open this for everybody to apply.
Mr. Grace stated the residents still have to meet the stringent requirements.
Commissioner Maloy suggested the Board make the changes discussed to the program and adopt it tentatively on a pilot basis, in order to make it happen, assuming the Board has to adjust the MSBU ordinance.
Mr. McMillan advised the Board doesn’t have an overlay ordinance, but they have established guidelines. He said he doesn’t think walls are in the guidelines. Whereupon, Ms. Polk stated she believes walls are in the guidelines, but not for specific subdivisions.
Commissioner Henley suggested that the staff attend the Association meeting and review the document so that the residents clearly understand, and get a show of hands whether they are willing to pursue. In the meantime the Board can clarify anything they need to open up to any of the other homeowner associations that would want to apply.
Commissioner McLain stated he thinks that at the second meeting in January they might be able to get back together on this. He thinks the idea Commissioner Henley had regarding the homeowners meeting would be good.
Vice Chairman Morris stated selecting Sunrise as a pilot project might be the way to go. He feels if they open this up to the other 8 and let them know, and they hold a meeting and do the title search, he fears the Board is going to have a cluster of homeowners associations say they want to be the pilot project.
Commissioner McLain said he had not been contacted by any homeowners associations about having a wall done. He said this is probably one of the most severe situations, and by the District Commissioner bringing this to the Board, this gives him confidence in knowing this is a pilot project. He said he doesn’t have a problem with it.
Vice Chairman Morris summarized that: (1) this will be a pilot project if the Board goes forward with it at all; (2) Commissioner Maloy will coordinate with people in his district; (3) Staff will have a meeting with the Sunrise residents; (4) The Sunrise HOA needs to do title work and tax assessment relative to their membership; and (5) Commissioner Maloy is charged with ascertaining other requests in his district. He said he is looking for staff to bring this back on January 23, 2001.
The Board, by consensus, all agreed with the Vice Chairman’s summarization.
AWARDS AND PRESENTATIONS
Harvey Massey, Chairman of the Board of United Arts Central Florida and President and CEO of Massey Services, addressed the Board to state what he hopes to accomplish today is to give the Board some insight into who United Arts is and what it does. Also, he wants to speak about the importance of the arts and cultural initiatives throughout Central Florida. He is asking Seminole County to become a trustee along with Orange and Osceola Counties.
Mr. Massey gave a PowerPoint presentation covering the following topics: What is United Arts?; The United Arts Mission; Where We Are—United Arts Contributions, Where Does the Money Go?; Arts and Culture in the New Millennium—Three Factors of Economic Impact, Economic Development, and Economic Opportunity; Top U. S. States Among the Number of Travelers Spending; Cultural Component; Educational Component; The Real Questions??; Seminole County; Local Government and Support; and What is in it for Seminole County?.
Mr. Massey stated the Lake Mary Chamber of Commerce supports the United Arts and they need and want Seminole County to get involved. He said this is not a local initiative. He said the foundation contributes $50,000 a year to the Seminole County School Board. He added that he is planning to make the same presentation to Lake County.
Commissioner Henley stated Mr. Massey came to see him several months ago wanting to solicit money from the Board and he advised him the Board had contributed previously where they thought the citizens would benefit and suggested if he expects to get anything from the Board, he would have to create an awareness and demand for the people of Seminole County. He thinks this is something the Board needs to look at. He said he is firmly convinced, after having spent 40 years in education, of the value of cultural arts and knows that Seminole County is deficient in many areas when compared to others. He thinks this is the type of function that merits consideration by the Board.
Commissioner McLain said he was interested in finding out more about the actual details of this fund and the budget and what facilities are participating in receiving funds. He said there seems to be some difference of opinion between Orange County and Orlando about how new facilities would be dealt with. He said he is not interested in being a participant as far as an investor but interested in being a partner; and too many times in ventures with Orange County and Orlando, Seminole County is looked at as an investor and not a partner. He said he is interested in what is in this for the citizens of Seminole County.
Upon inquiry by Vice Chairman Morris, Mr. Massey said none of the money goes for capital projects and none is being used to bail out any of the arts organizations. He said the money is directly contributed to the arts and cultural organizations in Central Florida.
Commissioner McLain said he would like to meet with Mr. Massey and discuss funding and see if Seminole County could participate in this.
Vice Chairman Morris said he strongly supports the Board moving forward and becoming a partner. They need to participate at a level that would not be burdensome.
Mr. Massey responded to Vice Chairman Morris that their budget year begins in January and the contribution to become a trustee is $100,000.
Vice Chairman Morris also suggested the Board hold a meeting with Mr. Massey. This will allow time for anyone to meet individually with Mr. Massey and allow time for the Board to receive the information on who United Arts has funded. This can come back on January 9, and the County Manager can show the Board a funding source of options and then the Board can take a vote.
Commissioner Henley asked the County Manager to take whatever questions the Commissioners have and be prepared for the January 9 meeting.
The Board, by consensus, agreed to bring this item back for action at the meeting of January 9, 2001.
Commissioner Maloy left the meting at this time.
2ND GENERATION ONE CENT LOCAL OPTION
INFRASTRUCTURE SALES TAX
Pam Hastings, Public Works Administrative Manager, addressed the Board to request Board direction for staff to proceed with development of necessary documents to enable a referendum for a 2nd Generation One-Cent Sales Tax. She presented the background for potentially re-enacting the One-Cent Local Option Sales Tax for the primary purposes of education and transportation. She explained the proposed program by Seminole Vision is for a 10-year levy or new levy of the one-cent tax to raise approximately $534,000,000, with one-fourth of the proceeds to go to education and three-fourths to go to transportation. The transportation program would have one-half for the major transportation system administered by Seminole County and one-half shared among the County and seven municipalities for a variety of transportation-related needs.
County Engineer, Jerry McCollum, addressed the Board to review the County’s proposed improvements. (Copies of the slide presentation were received and filed). He discussed the 1991 Sales Tax which sunsets next year.
Commissioner Maloy returned to the meeting and Commissioner McLain left the meeting at this time.
Mr. McCollum reviewed the needs estimated for the 2nd Generation One-Cent Sales Tax for the School Board, $133 million; the Cities, $75 million; and the County, $325 million. He said they are talking about approximately $260 million for the County’s transportation and County-State system over the next 10 years. He reviewed the County and State projects covering Major County 4-Lane Projects - $30 million; Other Major County & Reconstruction Projects - $40 million; Sidewalk Program - $40 million; Pedestrian Overpasses - $16 million; State Roads - $114 million; and Traffic Operations/Safety Improvements - $20 million.
Ms. Hastings asked for Board input and consensus to proceed with the other eight entities who could be involved with the referendum. She explained the major areas requiring further work: development of a public involvement program, and final definition and drafting of the project list. She reviewed the two option calendars for a September referendum or a May referendum. She advised that staff is recommending the September referendum option. She also advised the current program sunsets September 30, 2001 and the new levy, if approved, would begin January 1, 2002. She stated the preliminary cost associated with the referendum is $125,000 to $150,000.
Commissioner McLain returned to the meeting at this time.
School Board Superintendent Dr. Paul Hagerty and Facilities Planner, Diane Kramer, addressed the Board to answer any questions.
Mr. Grace distributed a letter from Casselberry Mayor Pronovost to the Board regarding extension of the sales tax for transportation improvements (received and filed).
Commissioner Henley reviewed how the Board got to this point with the School Board, County, and Cities to work out an agreement to move forward with the referendum.
Commissioner Henley asked how many additional student stations would be bought with the $133 million that would go to the School Board over the 10 years. Dr. Hagerty stated he did not have those figures with him. He explained they have State funds as well as the sales tax money, if approved, to balance the renovation and expansion needs. He said they plan to use most of the capacity expansion out of the State money and use the majority of the sales tax to meet the renovation needs to address the inadequate facilities.
Ms. Kramer stated most of the projects proposed for the one-cent sales tax are for renovations and also additions. She said the list they have adds about 100 classroom spaces to the district total. The reason they have split up the money like they did is that a lot of their State funds are tied to capacity. She said all the impact fee money must be used for new capacity.
Commissioner Henley said the Board needs to understand that the crunch Seminole County schools are under is not caused solely by growth but by program changes as well. Also, the reduction in class size has caused the crunch.
Vice Chairman Morris asked if the School Board was in agreement with the 25% issue. Dr. Hagerty stated that in an effort to be cooperative, he would agree to that. He said that would not meet all their needs but it will meet a high portion of it. Whereupon, Vice Chairman Morris stated the Board has received a letter from the Cities of Casselberry and Altamonte Springs specifically citing 25% to the School Board.
Vice Chairman Morris asked if the BCC could be shown the number of portables being used. He said he is concerned about the number of students in the portable classrooms and he would like to see this figure, comparing with what Commissioner Henley has raised. He asked for the combined resources of funds, does that really build more buildings or will the number of portables be reduced, particularly in elementary schools.
Ms. Kramer answered that the School Board needs to do both. She said the School Board has reduced the number of portables year after year but at the same time they have also reduced class size. Although, they have been decreasing the number of portables, they have been increasing the need for classrooms, not from growth but from policy decisions to provide the best education possible.
Commissioner Henley stated the Commission needs to address, and the School Board needs to know, how they feel about the possibility of bonding the money. He said he had expressed that the BCC had taken the position with the first one-cent sales tax that they would not bond the money but pay as they go. He said he would be unwilling to bond until he knew what the impact would be. He said the Board has been provided a letter in their packets in response to that question.
Ms. Kramer explained the reason the School Board was interested in bonding. She stated all of these are immediate needs for issues they have already studied and they are ready to roll on these projects as soon as they have the money. She said it doesn’t mean it can’t be done in ways other than bonding.
Commissioner Morris said he had not seen a list of what would be forward funded. Whereupon, Mr. Grace said they have not gotten to that point to see what projects they would want to do and which ones to hold off.
Vice Chairman Morris also said the BCC needs to see the School Board’s priority list.
Commissioner McLain asked if the School Board is a part of the tax, wouldn’t that agency be the one going to bond the money. He said he would personally have reservations if the School Board is a full partner and the BCC dictates how to move forward and what instrument they choose to use. He said he has full faith in the School Board’s ability to manage their own money.
Vice Chairman Morris said this is a joint issue going forward for transportation and education and if part gets into debt, the issue could be more confusing to the population. He said he would do everything to avoid debt. He is hearing from Mr. Grace that they have not contemplated the answer yet. He said wait to see what they’ve got and this will be the second request after seeing the priority list.
Mr. Grace stated Commissioner Van Der Weide asked him to express that he is in favor of moving forward with the concept.
Mr. Grace also said staff would try to come up with a cash flow analysis.
Commissioner Maloy discussed the round conversion school design with Ms. Kramer. He asked if the School Board perceived pursuing the other half-cent tax if they receive the one-fourth tax from the County. Dr. Hagerty answered no. Commissioner Henley stated this was discussed in the joint meeting.
Commissioner McLain said he has not been privy to the meetings on the one-cent sales tax and he is going to be skeptical of any program that would restrict the School Board’s ability to spend their funds as they see fit. He wants to make sure he receives the information from the School Board and he asked Dr. Hagerty to contact him over the next 30 days to get feedback on where he stands.
Vice Chairman Morris stated he is very concerned about the forward funding on State projects included on this. He is not sure about the repayment. He said he would be voting against that portion if it is not a guaranteed repayment to the citizens of Seminole County. He doesn’t believe the County should pay for State projects that the State is responsible for. He said he also wants to see that information come back. They need to have all these set up so they can discuss and vote on them and have additional information from the School Board at that time.
Commissioner Maloy said he thinks it is premature to say they are going to fund State roads. He believes the State does need to "step up to the plate" in some of these projects. He would like an update from the Speaker of the House. He said it is helpful to get a good understanding of what the priorities of the Delegation are going to be.
Vice Chairman Morris said the agenda is set for the January meeting. He reiterated that the BCC will receive additional information from the School Board. Commissioner Henley said staff might want the Board’s personal input before the January 4 meeting for public input.
Vice Chairman Morris said if there are issues any of the Board has that were not brought to the table, staff needs to know those prior to the January 4 meeting.
Commissioner McLain stated at the January 4 meeting, he wants enough time to present the one-cent sales tax, the State roads they would consider advancing and what the time schedule is for repayment. Vice Chairman Morris said the Board needs to have that same discussion with their legislators.
Ms. Hastings suggested staff bring this back at the first meeting in February instead of January. The Board had no objections.
Upon inquiry by Mr. Grace, the Board had no objections for staff to proceed with development of various necessary documents to enable a referendum for a 2nd Generation One-Cent Sales Tax as described, including coordination with the seven Cities and School Board of Seminole County.
CLERK’S CONSENT AGENDA
Motion by Commissioner McLain, seconded by Commissioner Henley, to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated November 7 and 14, 2000, and Payroll Approval List, as shown on page _______, dated November 9, 2000.
2. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Dwanza Alexander, #98001717MM - $200
Enid J. Benitez, #99002090CFA - $100
Rodney B. Blankenship, #00000482CFA - $100
John P. Bledsoe, #99004040CFA - $200
Abderrafie Boussatta, #99004893CFA - $100
Chad A. Brown, #00005495MM - $200
Al Collin Cashe, #96006773MM - $100
Christopher E. Childers, #00008419MM - $200
Robert Coleman, #P90003096CFC - $350
Liberty V. Davis, #00000026CFB - $100
Matthew M. Dorn, #99012950MM - $200
Ryan E. Drachenberg, #99004743CFA - $100
Ron D. Elder, #94007030MM - $200
Charles D. Fueri, #99004189MM - $100
Sandra Christine Furlini, #96012286MM - $200
Desiree Gibbs, #98003816CFA - $100
Ashley Gilkison, #99004155CFA - $100
Nathaniel Gonzalez, #00004155MM - $200
Bertha Gordon, #00001117CFA - $100
Kenneth L. Hernandez, #99012319MM - $200
Matthew Kaczor, #98000326CFA - $350
France E. Koon, #98011780MM - $200
Daeved LaBoy, #97003593CFA - $300
John R. Lucas, #98005169MM - $200
Eddie D. Lyons, #00001393CFA - $100
Joshua B. Marks, #00000170CFB - $100
Roger A. Mars, #00002540MM - $200
Marianne McBride, #99002706CJA - $100
Jimmy R. McKendree, #98005411MM - $200
Troy D. Meadows, #00002272MM - $200
Fabian E. Melendez, #00007615MM - $200
Erik V. Mendez, #97003599CFA - $300
David P. Miller, #00004235MM - $200
Nisim N. Miora, #00001259CFA - $100
Carlos I. Molina, #99000449MM - $200
Karyn Morales, #98003712MM - $500
Colon Nelson, #00009658MM - $200
Maria Pagan, #99003068CJA - $200
So Y. Park, #00001533MM - $200
David E. Peral, #98011291MM - $200
John Paul Reed, #94000477MM - $50
Jon Paul Reed, #93003388CFC - $350
Jeremy M. Rusch, #97000646CFA - $350
Joseph W. Sarvis, #99001521CFA - $350
Robert Stepen, #00008916MM - $100
Michael S. Stoyanov, #00001750MM - $100
Louis J. Terminello, #99002710CFA - $100
Jolene J. Thornal, #99003626CFA - $100
Jonathan Tobin, #99001720CJA - $100
Benjamin E. Tresca, #99008863MM - $100
Matthew J. Wasman, #99011160MM - $200
Dorothy A. Wilker, #00004032MM - $200
Gim H. Yeow, #00001415CFA - $100
Robert Franklin Yerger, #97001567CFA - $200
Angela M. Zucchini, #99002967CFA - $100
3. Chairman to execute the following Satisfactions of Judgment for Public Defender Application Fees ($40):
Samuel James Snead, #99004426CFA
Edward Carl Schweichert, #99003310CFA
Shawn D. Ashcraft, #00003299MMA
Francisco L. Aumada, #98003519CFA
Thinkie Black, #98002961CFA
Matthew Wasman, #99011160MMA
Dennis James Nabozny, #00002300MMA
4. Chairman to execute Satisfaction of Judgment for Court Costs for Sherman Hardin Doyle and Accredited Surety & Casualty Ins. Co., #00002034CFA - $1,038.
Districts 1, 2, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk’s "received and filed":
1. Memorandum to Sandra McCann from W. Keith Roark, Road Project Acquisition Manager, submitting the following documents: Warranty Deed, as shown on page _______, dated August 14, 2000 between S. Theodore Takvorian, Ann Takvorian, and Seminole County; First American Title Insurance Co. Policy No. FA-35-490755 (Ashley Apts.), as shown on page _______; and Special Warranty Deed, as shown on page _______, dated July 20, 2000, between Florida Power and Light Company and Seminole County.
2. Appraisal Services Agreement, as shown on page _______, M-192-00, with Integra Realty Resources.
3. Memorandum to Sandra McCann from Jerry McCollum, County Engineer, submitting Sidewalk Easement Subject to Defeasance, as shown on page _______, for sidewalk rights-of-way along Longwood-Lake Mary Road, Clara A. Vanderwerken to Seminole County.
4. Memorandum to Sandy McCann from Assistant County Attorney Stephen Lee submitting the following final closing documents, as shown on page _______, for the Coover/Mamele Property Purchase (Courthouse): Closing Statement, Title Insurance, Warranty Deed, Non-foreign Affidavit, Affidavit, Tax Proration Agreement, and Check Transmittal Letter to Amerada Hess Corporation.
5. First Amendment, as shown on page _______, to Construction Contract, M-146-00.
6. Work Order #20, as shown on page _______, to PS-522-98, Comprehensive Planning Consulting Services Agreement.
7. Work Orders #4, #10, #11 and #12, as shown on page _______, to PS-556-00, Electrical Engineering Services Agreements.
8. Consultant Services Agreement, M-197-00, as shown on page _______.
9. First Amendment, as shown on page _______, to Work Order #4 to PS-534-98, Engineering Services Agreement.
10. Work Order #1, as shown on page _______, to PS-561-00, Engineering and Professional Services Agreement.
11. Follow-up audit, as shown on page _______, of the Seminole County Right-of-Way Acquisitions Department.
12. Notices of Hearings and Prehearings from the Public Service Commission for Docket No. 000907-TP, Petition by Level 3 Communications, and Docket No. 000084-TP, Petition by BellSouth Telecommunications, Inc.
13. Performance Bond, as shown on page _______, for Westlake Colony in the amount of $22,000.
14. Title Opinion letter, as shown on page _______, for Westlake Colony.
15. Work Order #2, as shown on page _______, to PS-566-00, Consultant Services Agreement.
16. Seminole Community College District Board of Trustees Financial Statement Audit Report for Fiscal Year ended June 30, 2000.
17. Certification of Gross Receipts, as shown on page _______, of Time Warner Entertainment by Ernst & Young, Independent Auditors.
18. First Amendment, as shown on page _______, to Work Order #1 to PS-570-00, Engineering Services Agreement.
19. Work Order #2, as shown on page _______, to PS-541-99, Consultant Services Agreement.
20. Surveying Services Agreement, M-198-00, as shown on page _______.
21. First Amendment, as shown on page _______, to Work Order #4 to PS-546-98, Consultant Services Agreement.
22. Change Order #1, as shown on page _______, to FC-1105-00, Wekiva Springs Road & Sabal Palm Elementary School Access Road.
23. Change Order #1, as shown on page _______, to FC-1118-00, Seminole County Services Building Lobby.
24. Notice of Workshop, Coaching the Emergency Vehicle Operator, sponsored by the Central Florida Safety Council to be held on December 6, 2000.
25. Bids as follows: PS-577-00; PS-578-00; PS-579-00; FC-1129-00; FC-1130-00; FC-1131-00; FC-1132-00; FC-1134-00; RFP-499-00; A/B-3007; and B/D-254-00.
The Board noted, for information only, that transfers identified were made internally to the Sheriff’s Office Budget for Fiscal Year 1999/00. As part of the closeout, the Sheriff’s Office returned $162,691 in unexpended funds back to the County.
Commissioner McLain left the meeting at this time.
The Board, by majority consensus, had no objections to moving Items #49, #50, and #51 of the Agenda (Appeals against the Board of Adjustment’s decision in upholding the Zoning Section Chief’s determination relative to the separation requirements for an outdoor advertising sign) to a later date when all Commissioners are present.
COUNTY MANAGER’S REPORT
Mr. Grace reminded the Board of the Expressway meeting this afternoon at 4:30 p.m.
The Board recessed at 12:38 p.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials (Commissioner McLain entering late), with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.
Districts 1, 2 and 4 voted AYE.
Commissioner McLain entered the meeting at this time.
APPEAL AGAINST BOARD OF ADJUSTMENT,
ELLER MEDIA/LONNIE GROOT, SHUTTS & BOWEN
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located at the northwest corner of SR 434 and Douglas Avenue, Eller Media/Lonnie Groot, Shutts & Bowen, received and filed.
Vice Chairman Morris advised the applicant for this appeal and the next two appeals on the agenda is asking that the hearings be continued.
Mr. Dwyer advised he has received a letter from the applicant asking that all these public hearings be continued.
The applicant nor his representative was in attendance.
Commissioner Henley questioned about the status of the December 12 agenda. Whereupon, Mr. Grace advised the December 12 meeting is going to be an extremely heavy agenda.
Motion by Commissioner McLain, seconded by Commissioner Henley to continue until January 9, 2001 at 1:30 p.m., consideration of an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located at the northwest corner of SR 434 and Douglas Avenue, as described in the proof of publication, Eller Media/Lonnie Groot, Shutts & Bowen.
Under discussion, Frank Shelton, 14 Stone Gate North, addressed the Board to state he has a problem with the continuance being used to circumvent procedures.
Stan Bessmer, 1301 Glaston Bend Road, addressed the Board to advise he strongly objects to additional billboards in Seminole County.
The Vice Chairman advised Mr. Bessmer that this is not a public hearing on the appeal, it is a public hearing on the issue of the continuance.
Commissioner McLain stated he has concerns about the number of continuances being asked for lately.
Districts 1, 2, 4 and 5 voted AYE.
APPEAL AGAINST THE BOARD OF ADJUSTMENT,
OXFORD OUTDOOR ADVERTISING/LONNIE GROOT/SHUTTS & BOWEN
Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located on the east side of SR 436, approximately 1/2 mile south of Howell Branch Road, Oxford Outdoor Advertising/Lonnie Groot, Shutts & Bowen, received and filed.
The applicant nor his representative was in attendance.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Maloy to continue until January 9, 2001 at 1:30 p.m., consideration of an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located on the east side of SR 436, approximately 1/2 mile south of Howell Branch Road, as described in the proof of publication, Oxford Outdoor Advertising/Lonnie Groot, Shutts & Bowen.
Districts 1, 2, 4 and 5 voted AYE.
APPEAL AGAINST THE BOARD OF ADJUSTMENT,
OXFORD OUTDOOR ADVERTISING/LONNIE GROOT, SHUTTS & BOWEN
Proof of publication, as shown on page _________, calling for a public hearing to consider an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located on the east side of Hwy. 17-92, approximately 3/4 mile north of SR 434, Oxford Outdoor Advertising/Lonnie Groot/Shutts & Bowen, received and filed.
The applicant nor his representative was in attendance.
Motion by Commissioner Henley, seconded by Commissioner McLain to continue until January 9, 2001 at 1:30 p.m., consideration of an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located on the east side of Hwy. 17-92, approximately 3/4 mile north of SR 434, as described in the proof of publication, Oxford Outdoor Advertising/Lonnie Groot/Shutts & Bowen.
Districts 1, 2, 4 and 5 voted AYE.
REQUEST TO REZONE FROM C-1 TO C-2,
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from C-1 (Retail Commercial) to C-2 (Retail Commercial) and approve Development Order placing a staff requested condition upon the rezoning for property located on the south side of CR 427, 100' east of County Home Road, Max Riddick, received and filed.
Cindy Matheny, Planning & Development, addressed the Board to present the request.
District Commissioner McLain advised the applicant is agreeing to withdraw this request and reapply under a PCD plan. He said the applicant would not be penalized with additional costs.
Upon inquiry by Commissioner McLain, Mike Hattaway, representing the applicant, addressed the Board to advise he agrees to withdraw the rezoning request and to reapply for a PCD. He said he understands the County will waive the application fees.
No one else spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Henley to accept withdrawal of request to rezone from C-1 (Retail Commercial) to C-2 (Retail Commercial) for property located on the south side of CR 427, 100' east of County Home Road, Max Riddick; and to authorize waiver of application fee for any reapplication to occur within the next month.
Under discussion and upon inquiry by Commissioner Henley, Commissioner McLain read into the Record the timeframe (received & filed) for the reapplication for Mr. Hattaway.
Districts 1, 2, 4 and 5 voted AYE.
Vice Chairman Morris advised the State is proposing a Yarborough Memorial Pavilion in honor of Ed Yarborough and is seeking funding for same.
The Board directed the County Manager to review the request and bring it back with recommendations.
Vice Chairman Morris advised of the massive tire removal done along Hutchinson Parkway and Big Tree Park. He said this is something the Board might want a full briefing on.
DISTRICT COMMISSIONERS' REPORTS
Vice Chairman Morris advised of his District 2 recommended re-appointments/appointments.
Motion by Commissioner Maloy, seconded by Commissioner McLain to re-appoint/appoint the following:
Agriculture Advisory Committee - Laurence Morrell & Jim Hunter, effective 1/1/01
Animal Control Board - Cindy Dale, effective 1/1/01
Disability Advisory Board - Rose Davis, effective immediately
Historical Commission - Adam Dionna, effective 1/1/01; and to adopt appropriate Resolution #2000-R-238, as shown on page ________, commending Michael Broussard for his services on same.
Parks & Recreation Advisory Board - Kathy Gehr & Paul Klinger, effective 1/1/01
Electrical Contractors Board - Duane Pitts, effective 1/1/01
Mechanical Contractors Board - Robert Dello Russo, effective 1/1/01
Plumbing Examiners Board - Raymond Holloway, effective 1/1/01
Well Drillers Board - Lee Voorhees, effective 1/1/01
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Morris expressed his concern with the number of new billboards being erected because of C-2 zoning. He said he does not believe the changes the Board made in the Billboard Ordinance some years back have done what the Board wanted them to do.
Commissioner Henley stated he would like a report from the staff on how many nonconforming billboards have been brought into compliance.
Commissioner Morris stated he would like this to come back to the Board at a formal meeting with staff recommendations so that the Board can take action.
Commissioner Maloy stated he wants a briefing and status report.
Commissioner Henley stated he also wants to know how many new billboard have been erected. He said he believes it is important for the Board to revisit this issue as a status report to see what "tweaking" needs to be done.
Commissioner Morris stated if the Board is going to have a work session on this, he wants to put a moratorium on new boards until the process is reviewed. Discussion ensued.
Debbi Leigh, Code Enforcement, addressed the Board to advise currently there are five pending billboard applications.
The Board, by unanimous consensus, directed staff to come back on December 12, 2000, as a Briefing item, with a status report on billboard compliance and regulations; and to draft a proposed billboard moratorium ordinance for (advertising) consideration at that meeting.
Stan Bessmer stated what he has heard from the Board with regard to the billboard discussion is very pleasing to him. He expressed his opposition to billboards. He said billboards do not benefit the community and they are eyesores.
Frank Shelton stated Seminole County is going to be the poorest-looking County in the area if the Board does not do something very drastic with regard to billboards.
Commissioner Morris briefly reported on the Florida Association of Counties legislative Conference held in Tallahassee and the Payday Loan Legislation.
Commissioner McLain advised he received a phone call from Jeannie Cope, Item #55, Appeal against the Board of Adjustment, stating she had a medical emergency and requesting that her public hearing scheduled for tonight be continued to sometime in January.
COMMUNICATIONS AND /OR REPORTS
The following Communications and/or Reports were "received and filed":
28. Copies of letters dated November 18, 2000, from Kenneth M. Roberts, Director, Department of Public Safety, expressing appreciation for various donations to the following: Jack Boyles, Michelle Gulli, Dennis Allen, Patricia Bailey, P.J. Henderson, Nancy Siegrist, Jennifer Barton, Jana Beckwith, Carol Squitieri, Dana Qualls, Todd Fischer, Rob Buono, Lisa Trapane, Theresa Rafter, Robert Mellor, Buster's Total Dog Care Center, Inc., Arthur Morgan, and Phil Wolf.
29. Memorandum dated November 17, 2000, from Cindy Hall, Fiscal Services Director, to the Board of County Commissioners, submitting the Budget Change Requests approved by the County Manager and Fiscal Services Director. (cc: County Manager and Deputy County Managers)
30. Memorandum dated November 17, 2000, from Senator Anna P. Cowin, Chairman, Seminole County Legislative Delegation, to the Seminole County Delegation Members, Seminole County Commission, Seminole County School Board, Seminole County Sheriff's Department, City of Sanford, & Seminole Community College, serving notification of the 2001 Seminole County Legislative Delegation scheduled for Thursday, January 4, 2001. (cc: BCC, County Manager)
31. Copy of a Petition, as shown on page ________, dated November 15, 2000, from neighborhoods represented in the Heathrow Community, to the Seminole County Local Planning Agency, expressing opposition to the requested Small Scale Comprehensive Plan Amendment from Suburban Estates to Commercial, and rezoning from A-1 to C-1 for the 2 acre property located on the south side of CR 46A and the east side of Banana Lake Road. (cc: Board)
32. Contracts for Services, as shown on page ________, between Seminole County Parks and Recreation with the following to perform services as noted: Doug Williams, Carlos Olivares, John S. Mitchell, Michael Darren Thomas.
33. Copy of Memorandum dated November 20, 2000, from Bob McKee, Governmental Liaison, Florida Association of Counties, to County Administrators, County Lobbyists, FCF Circuit Riders, Re: Communication Services Tax Rate Estimation Data File.
34. Letter dated October 23, 2000, from John T. Koehler, District Manager, Florida Department of Agriculture & Consumer Services, transmitting the Annual Report for the Florida Division of Forestry. (cc: Board, Clerk of the Circuit Court)
35. Memorandum dated November 21, 2000, from Kathy Fall, Senior Planner, to the Board, Re: Neighborhood meeting scheduled for December 9, 2000, regarding the development of Hiley's Fishcamp.
36. Letter (facsimile) dated November 21, 2000, from Cathy Fitts, Regional Account Manager, Justice Benefits, Inc., with attached Press Release announcing the award of $29,855 to Seminole County by the U.S. Justice Department to reimburse some of the costs of incarcerating criminals who have committed serious crimes. (cc: Board, County Manager, Fiscal Services, Sheriff)
37. Copy of letter from Norma F. Mitchell, to the Director, Department of Public Safety, expressing appreciation for services rendered by 911 personnel.
38. Facsimile Transmittal from the City of Oviedo, Florida, of the City Council Agenda for the Monday, November 27, 2000, Meeting. (cc: Board, County Manager)
39. Letter dated November 21, 2000, from Bruce A. Pronovost, Mayor/Commissioner, City of Casselberry, Re: Agenda Item for Consideration of Renewal for Extension of Sales Tax for Transportation Improvements. (cc: Board, County Manager, Fiscal Services)
40. Copy of Memorandum from J. Kevin Grace, County Manager, to Larry Goldman, Building Official, transmitting a copy of a letter from D. Daniel S. Yachter, Yachter Family Chiropractic Center, complimenting Larry Goldman, Building Official. (cc: Board, DCMs, Planning & Development Director)
41. Copy of Memorandum from J. Kevin Grace, County Manager, to Tom Helle, Deputy Building Official, transmitting copy of a letter from Mayor William P. Howell, City of Atlantis, Florida, expressing appreciation for assistance. (cc: Board, DCMs, Planning & Development Director)
42. Copy of letter dated November 21, 2000, from James P. Berko, Executive Director, Seminole Community Mental Health Center, Inc., to Kevin Grace, County Manager, Re: Seminole Children's Village Enhancement. (cc: Board, Philip Stalvey, Meloney Lung, SCMHC Property Committee)
43. Letter dated November 20, 2000, from Ralph and Diane Llewellyn responding to the request by The Viera Company to change the zoning on part of the Oviedo Marketplace Planned Unit Development to decrease acreage devoted to offices and increase that devoted to retail use. (cc: Dr. Alex T. Wood, Mr. Greg Pryor, Board, County Manager, DCM, Planning & Dev. Director)
44. Letter dated November 27, 2000, from Russel E. Hauck, Mayor, City of Altamonte Springs, endorsing scheduling proposed referendum on the extension of the 1-cent sales tax. (cc: Board, County Manager, Fiscal Services)
COUNTY MANAGER'S REPORT
Mr. Grace advised that the Expressway Authority meeting is scheduled for 4:00 p.m. today.
The meeting was recessed at 2:35 p.m., reconvening at 7:02 p.m., with all Commissioners and all Other Officials with Commissioner Maloy entering late and Commissioner Van Der Weide still absent, and with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
APPEAL AGAINST BOARD OF ADJUSTMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal against the Board of Adjustment decision in denying a Special Exception to allow a dog kennel/adoption facility for up to 50 dogs; property located on the south side of Shawnee Trail, approximately 660 feet south of Osceola Road, Jeannie Cope, received and filed.
Commissioner Maloy entered the meeting at this time.
Commissioner McLain advised that Ms. Cope developed a medical emergency and asked that the Board continue this hearing to another date.
Motion by Commissioner McLain, seconded by Commissioner Henley, to continue to a meeting date of choice by the County Manager the Appeal against the Board of Adjustment decision in denying a Special Exception to allow a dog kennel/adoption facility for up to 50 dogs; property located on the south side of Shawnee Trail, approximately 660 feet south of Osceola Road; as described in the proof of publication, Jeannie Cope.
Under discussion, Mr. Grace advised the continuance date is January 23, 2000, 7:00 p.m., or as soon thereafter as possible.
No one spoke in support or in opposition.
Districts 1, 2, 4, and 5 voted AYE.
Vice Chairman Morris stated Commissioner Van Der Weide was not present due to prior obligations.
OVIEDO MARKETPLACE DRI
NOTICE OF PROPOSED CHANGE/CAREY HAYO
ON BEHALF OF THE VIERA COMPANY
Continuation of a public hearing from Sept. 26, October 24, and November 14, 2000, to consider the Oviedo Marketplace Development of Regional Impact (DRI) Notice of Proposed Change to (1) Find the requested changes to the Oviedo Marketplace DRI are non-substantial changes that do not require further review; (2) Approve the Third Amended and Restated Development Order for the Oviedo Marketplace DRI; and (3) Authorize Chairman to execute the Development Order; property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417; as described in the proof of publication, Carey Hayo on behalf of The Viera Company.
John Omana, Principal Planner, addressed the Board to state this hearing was continued from November 14 to afford the County the ability to review the DRI and associated zoning petition on the same agenda, and to afford the applicant and developer the opportunity to meet with residents of the homeowners association. He advised that on November 8, staff as well as the developer met with the homeowners association representative and interested parties and addressed a number of issues ranging from traffic, traffic circulation, hours of operation, phasing and buildout. He gave a brief history of the project. He said it is staff’s opinion that the proposed changes outlined do not result in an automatic substantial deviation determination pursuant to the threshold guidelines. Staff is of the opinion that the applicant has provided sufficient evidence to rebut the presumption of substantial deviation, therefore, no further review will be required. Staff is recommending that the BCC find that the requested changes are non-substantial, they do not require further review and the BCC approve the Third Amended and Restated Development Order for the Oviedo Marketplace DRI, and authorize the Chairman to execute the Development Order on behalf of The Viera Company.
Attorney Hal Kantor, Lowndes, Drosdick, Doster, Kantor and Reed, representing the applicant, addressed the Board to state the City of Oviedo unanimously approved the proposed changes last night. He advised the language approved by Oviedo for the development order is reflected in the memorandum he submitted (copy received and filed) to the Planning Department.
Attorney Kantor submitted into the Record the Notice of Proposed Change, Proposed Development Order, and Letters from the East Central Florida Regional Planning Council, Department of Transportation, and Department of Community Affairs giving approval.
Attorney Kantor said there is no approved development order in the City of Winter Springs. He said Winter Springs received the application at the same time as the County and the City of Oviedo and communication was made to each member of the Winter Springs City Council to make sure they were aware of the application.
Upon inquiry by Commissioner Maloy, Attorney Kantor stated there is no connection or proposed connection to Winter Springs Boulevard. He said there had been many years ago and that was withdrawn. He said there are three parcels in Seminole County that are adjacent on the west and all those remain commercial as before. The changes in Seminole County are Parcels 31 and 32 which are south of the funeral home and east of Red Bug Road to allow the potential of retail use.
Noreen Hodapp, 1481 Palomino Way, addressed the Board to question the location of the project near Tuskaridge and which homeowners association had been involved in the meeting with the developer and staff.
Vice Chairman Morris advised the project will border those parcels on both sides of Tuskaridge. Commissioner Maloy stated the Tuskawilla Homeowners Association was involved in the meeting, and Tuskaridge homeowners received notice in their newsletter. He also said the zoning is still office, as it was.
Vice Chairman Morris added that going back to the original hearings in 1994-95, the major issue was the Tuskawilla Homeowners Association. They were the watchdogs on this project and the Board promised to contact them.
Vice Chairman Morris read the written comment (Written Comment Forms received and filed) from Ms. Hodapp asking if this will affect Tuskaridge.
Mr. Omana responded that there would be no change to those land uses as currently shown on the plan.
No one else spoke in support or in opposition.
District Commissioner Maloy stated he feels comfortable with the proposed changes. He has been reviewing it pretty closely and meeting with the residents. He has seen that the traffic impact is safe and there is no change next to residential.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve the staff recommendations to (1) Find the requested changes to the Oviedo Marketplace DRI are non-substantial changes that do not require further review; (2) Approve the Third Amended and Restated Development Order for the Oviedo Marketplace DRI; and (3) Authorize Chairman to execute the Development Order, as shown on page _______; and including the proposed changes received via memorandum from Attorney Kantor dated Nov. 28, 2000; property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417; as described in the proof of publication, Carey Hayo on behalf of The Viera Company.
Districts 1, 2, 4, and 5 voted AYE.
AMENDMENT NO. 1 TO THE 1998 FINAL PUD
MASTER PLAN AND DEVELOPER’S COMMITMENT
AGREEMENT/THE VIERA COMPANY
Continuation of a public hearing from September 26, October 24, and November 14, 2000 to consider Amendment No. 1 to the 1998 Final PUD Master Plan and Developer’s Commitment Agreement and (1) Enact Ordinance to rezone property located at the intersection of Red Bug Lake Road and SR 417 (The GreeneWay) from PUD (Planned Unit Development) to PUD (Planned Unit Development); (2) Approve associated revised final PUD Master Plan; and (3) Approve Developer’s Commitment Agreement; as described in the proof of publication, The Viera Company.
Tony Matthews, Principal Planner, addressed the Board to state the changes the applicant is proposing do require a rezoning. He asked the Board to approve the staff’s three recommendations as identified.
Dino Dikeou, 502 N. Highway 17-92, addressed the Board to state he owns the property across from the project, and he asked what is being done.
Vice Chairman Morris explained the project, and Attorney Kantor showed the parcels involved. Attorney Kantor also explained this action gives the opportunity to change either Parcel 31 or 32. Mr. Matthews stated that there is not a specific use already designated for the parcels.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to enact Ordinance #2000-53, as shown on page _______, rezoning property located at the intersection of Red Bug Lake Road and SR 417 (The GreeneWay) from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve the associated revised Final PUD Master Plan; and approve the Developer’s Commitment Agreement, as shown on page _______, to the Oviedo Marketplace PUD, with staff recommendations; as described in the proof of publication, The Viera Company.
District 1, 2, 4, and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
Mr. Grace reported as follow-up on the Trails Referendum that staff is working diligently on a detailed plan to bring back to the Board in January for review and input at that time.
There being no further business to come before the Board, the Vice Chairman declared the meeting adjourned at 7:27 p.m., this same date.