BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

DECEMBER 12, 2000

 

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m. on Tuesday, December 12, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Dick Van Der Weide (District 3)

Vice Chairman Randy Morris (District 2)

Commissioner Grant Maloy (District 1) (Late)

Commissioner Carlton Henley (District 4)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Commissioner Henley gave the Invocation.

County Manager Kevin Grace led the Pledge of Allegiance.

convene U.S. Highway 17-92 CRA annual meeting.

Chairman Van Der Weide convened the annual meeting with the Board of County Commissioners acting as the U.S. Highway 17-92 Community Redevelopment Agency.

John Jones, Economic Development Senior Planner, addressed the Board to request approval of the Annual Financial Report for FY 99/00. He gave a brief report from the Executive Summary provided (received and filed).

Commissioner McLain stated he is very satisfied with the program, but would like to see it move a little faster. He is looking forward to the completion of the projects.

Motion by Commissioner Morris, seconded by Commissioner McLain, to approve the Annual Financial Report for FY 99/00 for the U. S. Highway 17-92 Community Redevelopment Agency.

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

REConvene Board of County Commissioners Meeting

Awards and Presentations:

Commissioner McLain read the Resolution proclaiming the month of December as "Civil Air Patrol Month."

Commissioner Maloy entered the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-239, as shown on page ________, proclaiming the month of December, 2000 as "Civil Air Patrol Month".

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

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Chairman Van Der Weide advised that the Presentation on the Seminole County Drug Court Program is continued to January 9, 2001.

County Attorney’s Report Consent Agenda

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

Property Acquisition

4. Approve the Joint Facilitation of Public Infrastructure Agreement, as shown on page ________, relating to Louis Wolff, as Trustee, property; Parcel Number 101 of the East Lake Mary Boulevard Phase III road improvement project located along the south side of Lake Mary Boulevard approximately 452 feet east of U. S. Highway 17-92 near the Bell South Communications Tower. This is a land exchange between the County and owner with attorney’s fees and costs incurred by the owner for processing which are not to exceed the sum of $10,000.00.

5. Approve proposed settlement relating to Florida Conference of Seventh Day Adventists property; Parcel Numbers I07A, I07B, I07C, 707, and 807 of the County Road 427 Phase VI road improvement project, located along the southern right-of-way of County Road 427 east of Hester Avenue, in the amount of $216,000.00, inclusive of attorney’s fees and expert costs. The settlement also includes the County and the property owner participating in a Joint Retention Pond Agreement, as shown on page ________, as well as relocation of the property owner’s driveway.

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

Mr. McMillan stated both these items represent the last parcels on the projects that are involved and will complete acquisition of Lake Mary Boulevard Phase 3 and CR 427 Phase 6.

County Attorney’s Briefing

2001 Legislative Program

Assistant County Attorney Stephen Lee and Lobbyist Bobby Brantley addressed the Board. Attorney Lee stated that included in the agenda packet are the issues identified as concerns by the Commission, staff, and the Florida Association of Counties Legislative Program. In addition, he said he received the Central Florida Technology Partnership presentation packet (copy received and filed) that they intend to bring before the Legislative Delegation on January 4, 2001, and the Metroplan’s positions and priorities (copy received and filed) which they intend to pursue.

Chairman Van Der Weide stated regarding the MPO’s rental car initiative that he is hoping the Board will assign that to Mr. Brantley, and the other counties will assign that to their lobbyists also. He said the MPO is hoping this will be a $2 surcharge and it will go for transportation. This will be the first regional funding source.

Commissioner Henley stated this is something they seriously need to move forward on and be prepared to lobby for it.

Mr. Brantley advised that the question of indexing the local option gas tax will be coming to the MPO.

Commissioner Henley said that was discussed at an earlier Executive Committee meeting but no action was taken on it. The only issue that received favorable action was the tax on the rental cars.

County Engineer, Jerry McCollum, addressed the Board to answer questions by Commissioner Morris regarding the 17-92 MPO budget. He said $400,000 in the budget is only through Year 2 of an eight-year plan. He said he thinks they were trying to accelerate that plan at one time.

Commissioner Morris asked should they be requesting for Years 2 through 6 from DOT to cover the entire 5-year plan and not for just Phase 1 and 2.

Mr. McCollum stated $8 million was needed to do everything. He said staff was told that the design was the phase they could probably get funded, but they only received half of that. Staff has met with the Department of Environmental Protection (DEP) and is getting the design going, but the other $400,000 is needed to complete the section from Lake of the Woods to the Orange County Line. He said there are no funds for the section of Shepherd Avenue to Lake Mary Boulevard.

Commissioner Morris suggested asking for funding for Phases 3 and 4.

Mr. Brantley stated the Governor has set a Water Board that all these projects must go through, and he is insisting that if planning has not been done, they are not going to give any money for anything else.

Mr. McCollum stated they could ask for PD & E money from Shepherd to Lake Mary Boulevard and that is about $1 million.

Commissioner Morris recommended seeking the full funding and recognize that it is in two phases.

Chairman Van Der Weide stated Commissioner Morris is suggesting that they want to put the light and intensity on the priorities. He said if it is a matter of getting the plans ready and that it what it takes, then let’s get ahead of the other counties and get the plan ready.

Commissioner McLain said he wants to make sure to move forward with due diligence on the payday loan legislation.

Attorney Lee stated at the Florida Association of Counties Legislative meeting, the Representative from South Florida advised he would be filing the same bill he filed last year on the payday loan regulation. He said the Florida Association of Counties has adopted the position of supporting that legislation but limiting the interest rate allowed to 30%.

Commissioner Morris stated the legislation proposed is the industry’s legislation which was close to 300% rates, so if they can get the rate below 100%, that will cut it by two-thirds and will be a huge victory.

Chairman Van Der Weide stated if FAC is going to bring this item up, then the BCC wants the interest rate to come down close to what they are looking for at 18%.

Upon inquiry by Commissioner Maloy and discussion of the items listed, Mr. Grace stated a number of the items are more statewide issues and monitoring-type things.

Chairman Van Der Weide stated he recognizes that 99% of the issues are continuation items and they can prioritize them at a later date.

Mr. Brantley asked if the rental car surcharge issue is going to be only for Seminole County. Chairman Van Der Weide stated that is what the MPO will discuss to determine whether it is a local or a statewide bill.

Mr. McMillan left the meeting at this time.

Commissioner Henley suggested that as soon as the MPO makes a decision, they could ask Mr. Barley to contact Mr. Brantley and give him a thorough briefing as the MPO envisions.

Whereupon, Mr. Brantley suggested the Board have some discussions regarding the possibility of making this a statewide bill to pick up the additional support.

Commissioner McLain said hopefully the other counties in the MPO have representatives in Tallahassee and they can make sure that is coordinated.

Mr. McMillan returned to the meeting at this time.

Commissioner Morris requested that Attorney Lee provide the Board with paperwork that reflects the adjustment to the U.S. 17-92 request. Attorney Lee advised that the package of materials presented to the Delegation must be in the Secretary’s hand by December 21. He said if the MPO finalizes something for the rental car surcharge, he would like to get that information to put in the package.

Motion by Commissioner Morris, seconded by Commissioner Henley, to approve the 2001 Legislative Program package, including the changes to the U.S. 17-92 request, and the potential items that may be dropped later.

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

Proposed Billboard Ordinance

Attorney Lee, Violations Inspector Debbi Leigh, and DCM Frances Chandler addressed the Board.

Ms. Leigh reviewed the background history on billboard issues between 1995 and 1999, as given in the staff report. She also stated that since the adoption of the Billboard Ordinance in 1999, 11 new outdoor advertising signs have been erected in the unincorporated areas of the County. She said at the present time, there are six applications which have been submitted for permits that have been denied and/or under appeal or have other issues being addressed by staff. Also, as of December 1, three more applications have been submitted. Since the ordinance, there have been no voluntary removal or rebuilt signs on roadways other than FAI’s or FAP’s.

Chairman Van Der Weide stated some of the problems are that a considerable amount of sites would be available if the Board rezones certain parcels. The other point of concern is the distance of separation. He said the way the ordinance is written, that distance only has to be complied with in the unincorporated areas.

Upon inquiry by Commissioner Maloy, Ms. Leigh stated she has been contacted by one company that is trying to bring their billboards into compliance. Whereupon, Commissioner Maloy said he doesn’t think any of the Commissioners are interested in changing the drop-dead date, so the billboards will have to come down.

Commissioner Morris stated no one on the Board had the intent of putting the billboard industry out of business; that is why they spent so many hours on this. He said the Board’s goal was to try to contain the growth and also manage those locations that were nonconforming. He said staff reviewed the number of applications that have come in and there are still some applications pending. He said this is out of control.

Motion by Commissioner Morris, seconded by Commissioner McLain, to authorize staff to advertise for the adoption of a moratorium ordinance prohibiting the approval or issuance of development permits for the placement of new outdoor advertising signs in unincorporated Seminole County.

Under discussion, Commissioner Maloy asked if the Board is moving forward with some specific issues that will be thrown on the table. Commissioner Morris answered that the Board did everything they could. The issue is clearly that there is a question of capacity. He said it is appropriate to have the public hearing and establish findings of fact and cause. He said this moratorium has nothing to do with the setback issue; that is totally separate. Further, he said the negotiated settlement is not working.

Commissioner Henley said he agrees and thinks it is time for the Board to revisit this issue. He said no one anticipated the requests the Board would get for zoning, and he thinks that’s the issue. This is not necessarily initiated by the billboard industry but once the zoning occurs, that gives the industry certain rights. He thinks that it is important for the Board to go ahead and put on the moratorium, go back and revisit the ordinance to meet the objectives, and give the billboard industry time to work with the County.

Chairman Van Der Weide said that sums up his position very adequately.

Commissioner McLain said he thinks they need to evaluate everything on the table.

Don Fisher, Planning and Development Director, advised the dates of the public hearings are January 9 and 23, 2001.

Chairman Van Der Weide stated the Board will follow the course of holding one public hearing in the afternoon and one in the evening.

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

Commissioner Maloy voted NAY.

County Manager’s Consent Agenda

Chairman Van Der Weide advised that Items #60A and #60B are add-ons to the Agenda and Items #15 and #31 have been pulled as requested by staff.

Upon inquiry by Commissioner Maloy regarding Item #51, DCM Jim Marino answered that the roadway improvement was a sidewalk.

Commissioner McLain questioned Item #8 regarding Page 2, Paragraph 1 of the lease agreement with Oak Grove Shoppes for office space. He said he wanted to know what the numbers mean.

Meloney Lung, Support Services Manager, addressed the Board to answer questions regarding the rental price.

Under discussion, Commissioner McLain suggested striking the $3.82 per square inch from the agreement.

Commissioner Henley pointed out that the same language carries through to Page 3 of the lease agreement.

Mr. Grace said staff will clarify the agreement and bring it back at the afternoon meeting.

Chairman Van Der Weide advised Item 8 of the Agenda is pulled for the afternoon meeting.

Motion by Commissioner Morris, seconded by Commissioner McLain, to approve and authorize the following, excluding Items #8, #15, and #31 and including Add-on Items #60A and #60B:

Administrative Services

Support Services

9. Approve and authorize Chairman to execute lease agreement, as shown on page ________, with Oak Grove Shoppes for office space for the Tax Collector and Clerk of the Circuit Court.

Community Services

Administration

10. Approve and authorize Chairman to execute FY 00/01 Contract, as shown on page ________, between the State of Florida Department of Health and Seminole County.

Economic Development

11. Approve the reduction of $66,667.00 of Letter of Credit Requirements for Convergys, Inc. which is a 1/3 partial satisfaction of the performance of the total $200,000 resulting in a Letter of Credit balance of $133,333.00; and authorize Chairman to issue official correspondence, as shown on page ________, to Convergys and First Union National Bank of Florida to permit reduction of Letter of Credit #S535939; contingent upon Convergys extending the expiration date of the Letter of Credit to August 31, 2002.

Fiscal Services

Administration

12. Approve and authorize Chairman to execute Resolutions #2000-R-240, as shown on page ________, for Charleston Club Apartments; #2000-R-241, as shown on page ________, for Sanford Green Apartments; #2000-R-242, as shown on page ________, for Regency Oaks Apartments; #2000-R-243, as shown on page ________, for Lake Club Apartments; #2000-R-244, as shown on page ________, for Wyndham Place Apartments, to ratify issuance by the Orange County Housing Finance Authority of multi-family mortgage revenue bonds for five proposed multi-family developments, on behalf of Seminole County.

13. Approve and authorize Chairman to execute the Emergency Management Competitive Grant Application, as shown on page ________, which will allow Seminole County to compete for $300,000 from the Florida Department of Community Affairs, Division of Emergency Management.

14. Approve and authorize staff to the schedule and advertise a public hearing on January 9, 2001 for the purpose of citizen input relating to approval of the issuance by Orange County Health Facilities Authority of revenue bonds in a not-to-exceed amount of $18,000,000.

15. Withdrawal from the Agenda of the request to Adopt the Planning & Development Fee Resolution to insure proper fees are charged for services.

16. Adopt the Seminole County Health Department Fee Resolution #2000-R-245, as shown on page ________, to insure proper fees are charged for services.

17. Adopt the Circuit Court Fee Resolution #2000-R-246, as shown on page ________, to enable Seminole County to collect process servers’ annual fees for Seminole County cases.

Budget

18. BCR #01/15 in the amount of $6,000, Public Works – Engineering: Fund 11500 – Infrastructure Tax Fund. Additional funds are needed for design services related to the Douglas Avenue/Markham Woods Road project. There are funds available in the project’s Land account.

19. BCR #01/16 in the amount of $73,757, Public Works – Stormwater: Fund 13000 – Stormwater. Based upon an agreement modification with the St. Johns River Water Management District (SJRWMD) approved by the Board on 10/10/00, savings from the San Sebastian project is being redirected to SR 434 Sedimentation Basin.

20. BCR #01/17 in the amount of $7,225, Public Works – Stormwater: Fund 13000 – Stormwater. A transfer from Stormwater Fund reserves is necessary to cover final costs associated with the drainage project on Longwood-Lake Mary Road.

21. BCR #01/18 in the amount of $12,080, Planning & Development – Administration: Fund 10400 – Development Review. Purchase four radios for new inspectors approved in FY 99/00.

22. BCR #01/19 in the amount of $288,603.00, Planning & Development – Administration: Fund 12602 – North Collector Road Impact Fees - Fund 12601Arterial Road Impact Fees. Additional funds are necessary to process refunds of over-assessed road impact fees in the north district; overpayment of road impact fees for residential developments in the Heathrow Planned Unit Development; and approved alternative rate calculation for the Ugly Duckling Car Sales Project after original impact fee assessment had been paid.

23. BCR #01/21 in the amount of $1,500, – Fiscal Services – MSBU Program: Fund 16000 – MSBU Fund. To transfer funds to contractual services to pay for engineering study for Fountainhead Drive Water Distribution system.

24. BCR #01/22 in the amount of $46,744, – Public Safety – EMS/Fire/Rescue: Fund 112000 – Fire Fund. Account line change to appropriately budget portions of Telestaff program.

25. BCR #01/23 in the amount of $15,000, – Public Safety – EMS/Fire/Rescue : Fund 112000 – Fire Fund. In September, Engine 27 was struck by a vehicle and sustained extensive damage. A replacement engine was approved by the BCC on 11/28/00. This request offsets trade-in value since damaged engine will be used for parts and not traded in.

26. BCR #01/24 in the amount of $592,842, Environmental Services – Water & Wastewater: Fund 401 – Water & Sewer Fund. Transfer is requested due to change in scope of Lake Hayes Water Treatment Plant project. Increased water capacity was added, as was conversion from chlorine gas to liquid Sodium Hypochlorite.

27. Adoption of appropriate Budget Amendment Resolution #2000-R-247, as shown on page ________, in the amount of $280,000 – Public Works: Fund 13000 – Stormwater Fund. Based on an Agreement between Seminole County and the SJRWMD, approved by the Board of County Commissioners on October 10, 2000, SJRWMD will reimburse the County an additional $280,000 (Master Agreement contract #99W232, Amendment 2) for three projects in the Little Wekiva Basin. The funding has been made available from prior fiscal year WMD sources.

28. Adoption of appropriate Budget Amendment Resolution #2000-R-248, as shown on page ________, in the amount of $2,000, Circuit Court: Fund 00100 – General Fund. Recognizes Process Server Licenses being collected for the application and certification of individuals to enable them to serve non-enforceable court summons. These fees were previously collected in Brevard County, but due to procedural changes are now being collected in Seminole County.

Purchasing

29. Award FC-1137-00/BJC, as shown on page ________, Lake Hayes and Lake Monroe Water Treatment Plants 2000 Improvements, to Meadors Construction Company, Inc., Jacksonville ($1,527,000.00).

30. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for FC-1104-00/BJC – CR 431/Orange Boulevard (Wilson Road to Wayside Road) and Wayside Drive (S.R. 46 to Still-Forest Terrace) Sidewalk Project, with Sunshine Building & Development Corporation, Casselberry.

31. Withdrawal from the Agenda of request to Approve Amendment #2 to M-173-00/BJC – Construction and Testing of the Paola Water Treatment Plant Well, with Drilling Services, Inc., Vero Beach (Time Extension).

32. Approve Second (Final) Renewal, as shown on page ________, to PS-534-99/BJC – CDBG Engineering Services, with Civil Design Group, Orlando; CPH, Sanford; HDR/Transportation Consulting Group, Winter Park and WBQ Design and Engineering, Orlando (March 31, 2001 through March 30, 2002) (Not-to-exceed $200,000.00).

33. Approve First Renewal to PS-543-99/BJC – Professional Engineering Services for Soil and Materials Testing, with Ardaman & Associates, Inc., Orlando; and Geotechnical Professional Associates, Inc., Orlando (Not-to-Exceed $100,000.00 per year) (January 5, 2001 through January 4, 2002).

34. Award RFP-497-00/BJC, as shown on page ________, Right-of-way Acquisition Services for Wymore Road, to Gulf Coast Property Acquisition, Inc., Lakeland (Not-to-Exceed $250,000.00).

35. Award RFP-498-00/BJC, as shown on page ________, Right-of-way Acquisition Services for County Road 46A, Phase III, to P.A.R.A.R.A. Services, Inc., Deland (Not-to-Exceed $100,000.00).

36. Approve First Renewal to RFP-464-99/BJC – Closing Agents Services, with Shutts & Bowen LLP, Orlando (Not-to-Exceed $600,000.00) (December 15, 2000 through December 14, 2001).

37. Approve Second (Final) Renewal for RFP-458-98/BJC – Tourism Development Research Agreement, with Choice Communications Systems, Inc., Upper Marlboro, MD (April 8, 2001 to April 7, 2002) (Not-to-Exceed $41,500.00).

38. Approve Second (Final) Renewal to RFP-451-98/BJC – Services Related to Coordination and Acquisition of Properties for Seminole County’s Natural Lands, Trails, Greenways and Community Development Programs, with The Triece Company, DeBary (Not-to-Exceed $75,000.00) (February 24, 2001 through February 23, 2002).

39. Approve First Renewal to RFP-436-98/BJC – Investment Banking Services, with Salomon Smith Barney, West Palm Beach (Senior Manager for Water and Sewer Utility Bond); Raymond James & Associates, St. Petersburg (Refunding 1996 Sales Tax Revenue Bond) (April 29, 2001 through April 28, 2002).

40. Approve Second Amendment, as shown on page ________, to RFP-474-99/BJC, Consultant Services Agreement for Wide Area Network Nortel Passport Maintenance, with Sprint-Florida, Maitland (January 1, 2001 through December 31, 2001) ($96,775.00).

41. Approve the assignment of RFP-468-99/GG, as shown on page ________, Concession Operations Agreement for Seminole County Softball Complex, from New Age Cafe, Inc., Lake Mary to Jerry F. Kistner, Sole Proprietorship, Lake Mary (Percentage of 15% commissions received from sales).

42. Award RFP-495-00/JVP, as shown on page ________, Lease of Computer Equipment, to Pomeroy Computer Resources, Jacksonville ($1,900,000.00 per year).

43. Approve Amendment #3, as shown on page ________, to RFP-481-99/GG, Renovation/Modernization of Four (4) Elevators at Seminole County Courthouse, with Delta Elevator, Inc., Orlando (Extend completion date to February 28, 2001).

44. Approve First Renewal to Bid-238-00/BJC, Leachate Hauling Services, with Mid-Florida Environmental, Inc., Sanford (Not-to-Exceed $250,000.00) (March 15, 2001 through March 14, 2002).

45. Approve Amendment #2, as shown on page ________, to M-93-99/BJC, Copier Services, with Lanier Worldwide, Inc., Orlando (Not-to-Exceed $190,000.00 per term).

46. Approve Renewal of RFQ-089-00/JVP, Purchase of Old Newspaper, to Southeast Paper Recycling, Orlando (Income per percentage).

Library & Leisure Services

Library Services

47. Authorize staff to proceed with Library Services and Technology Act (LSTA) grant application, as shown on page ________, for library resource sharing (interlibrary loan) system; contingent upon School Board action on December 12, 2000.

Planning & Development

Administration

48. Approve and authorize Chairman to execute Satisfaction of Mortgage, as shown on page ________, for Elaine L. Barlow in the amount of $3,000 for down payment assistance under the SHIP Program’s Home Ownership Assistance Program.

Development Review

49. Approve Final Plat for Aloma Business Center; property located on the north side of Aloma Avenue and approximately 650 feet east of the GreeneWay (Winston-James Development, Inc.).

Public Safety

EMS/Fire/Rescue

50. Approve and authorize Chairman to execute the Telestaff License Agreement, as show on page ________, with Principal Decision Systems International (PDSI) for the purchase of the automated staffing software program.

Public Works

Engineering

51. Approve and authorize Chairman to execute Purchase Agreement, as shown on page ________, between Alma I. Vogel and Seminole County for property necessary for roadway improvements to Markham Woods Road.

52. Adoption of appropriate Resolution #2000-R-249, as shown on page ________, accepting a Sidewalk and Utility Easement (Hattaway & Bruce, a Florida General Partnership to Seminole County), as shown on page ________, for property necessary to construct a sidewalk for the protection of pedestrians along a portion of Shepard Road.

53. Adoption of appropriate Resolution #2000-R-250, as shown on page ________, and authorize Chairman to execute a County Quit-Claim Deed, as shown on page ________, (Seminole County to the State of Florida Department of Transportation {FDOT Parcel No. 100} conveying the County’s interest in property necessary to construct or improve State Road 426 (GreeneWay to Mitchell Hammock Road).

54. Adoption of appropriate Resolution #2000-R-251, as shown on page ________, authorizing the cancellation and discharge of any and all liens for taxes, delinquent or current, on property acquired by Seminole County in conjunction with roadway improvements to Moore’s Station Road.

55. Approve and authorize Chairman to execute the Subordination of Utility Interests Agreement, as shown on page ________, by and between Seminole County and Florida Power & Light Company subordinating Florida Power & Light Company's interest in property necessary for roadway improvements to Moore's Station Road.

56. Adoption of appropriate Resolution #2000-R-252, as shown on page ________, authorizing the cancellation and discharge of any and all liens for taxes, delinquent or current, on property acquired via Warranty Deed filed February 20, 1998, in conjunction with the Rinehart Road Extension Project.

Stormwater

57. Approve and authorize Chairman to execute Infrastructure Agreement, as shown on page ________, between Seminole County and Headwest, Ltd. for Joint Facilitation of Drainage Easement, as shown on page ________, located on CR 427 near the intersection of Charlotte Street.

Traffic Engineering

58. Adoption of appropriate Resolution #2000-R-253, as shown on page _________, reducing the speed limit from 45 mph to 40 mph on Orange Boulevard from south of Wilson Road to west of Rinehart Road.

Tourism Development

59. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and Triple Crown Sports, Inc., in the amount of $2,000.00.

60. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and the Scottish-American Society of Central Florida, Inc., in the amount of $25,000.00.

Add-ons

60A. Confirm appointment of W. Gary Johnson as Public Works Director, at a salary of $95,000 effective February 19, 2001.

60B. Approve and authorize Sole Source Procurement, waive the bid process and authorize the issuance of a Purchase Order to purchase five (5) 3M Model 6210 Selfcheck Systems for Library and Leisure Services Department, to Epixtech, Inc., Provo, Utah ($130,580.00).

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

The Board recessed at 10:23 a.m. and reconvened at 10:39 a.m.

REGULAR AGENDA

Upon request of the applicant, Chairman Van Der Weide moved up Add-on Item #65A on the Agenda for presentation at this time.

John Jones, Economic Development, addressed the Board to request approval of economic incentive funds for a financial advisory and investment firm, and authorization for Chairman to execute the necessary Resolution contingent upon qualification of the project and approval by Enterprise Florida, Inc. to participate in the State of Florida Qualified Targeted Industry Tax Refund program (QTI).

Tracey Greigle, Seminole County Coordinator of EDC of Mid-Florida, addressed the Board to state the Bank of New York is proposing to create a subsidiary (professional growth center) that will serve as a financial advisory and investment center. They are looking at a site in unincorporated Lake Mary. The Bank hopes to be operating by April 2001 and will allow for 330 new professional accounting-oriented positions with an average annual salary of 33%, which is 120% of the County’s average wage. She stated UCF and other area colleges produce some 400 graduates per year in this field, so the facility would provide great career opportunities for the students and local residents. She said they are seeking approval of a 20% local match of $198,000 or average annual reimbursement of $33,000 per year in order to access $792,000 from the State for a total award of $990,000. She said the incentive would be paid out over a six-year time frame due to the phasing schedule of the new jobs, and the reimbursement would begin in FY 2001/2002.

Commissioner Maloy questioned why these requests always appear as add-on items and not on the regular agenda. Mr. Grace said usually these are confidential issues and he tries to respect that and bring the information forward a day before.

Commissioner Maloy stated it seems to him when dealing with this much tax money, the public needs to have knowledge of it coming up on the agenda, and it should be on the internet for the public to review.

Commissioner Henley stated he is happy to see this come forward in order to diversify and provide additional jobs in an industry that there is a large number of graduates to allow them to stay here.

Chairman Van Der Weide said this also goes hand-in-hand with what has already been done in that corridor with the businesses there.

Commissioner Morris said this is a lot better request than the last one that the Board reviewed.

Motion by Commissioner Morris, seconded by Commissioner Henley, to approve providing $198,000 of economic incentive funds for a financial advisory and investment firm, and authorize the Chairman to adopt appropriate Resolution #2000-R-260, as shown on page ________, contingent upon qualification of the project and approval by Enterprise Florida, Inc. to participate in the State of Florida Qualified Targeted Industry Tax Refund (QTI) program.

Under discussion, Commissioner Maloy said he will oppose the motion because, philosophically, he has problems taking funds from one business and conveying it to another. He feels at some point, the program needs to come to an end and terminate, and the Board should be using the revenues for something else that would benefit the citizens far more than this program is doing.

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

Commissioner Maloy voted NAY.

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Upon request, Chairman Van Der Weide moved up on the Agenda Item #64 to be presented at this time, requesting the Board to consider netting as a requirement of an existing Special Exception to permit a golf driving range; property located at the southeast corner of Lake Mary Boulevard and Lake Emma Road, Lake Mary Golf Driving Range.

Commissioner Morris stated there are citizens present who have been dealing with this issue since 1991. He asked staff to give a brief explanation of the problem, what has been done to try to solve it, and what is the staff’s solution.

Ginny Markley, Principal Zoning Coordinator, addressed the Board to state staff has been receiving complaints from the neighbors on the west and east about the Golf Range. She stated when the Board granted the special exception, it was with the condition that should the Board receive complaints of golf balls leaving the golf range property, this was to be brought back to the Board for proper netting to be installed at the request of the BCC. Ms. Markley said staff has received many complaints and feels it is time for the Board to address the netting. She explained that netting has been installed on the west property line, but it has not alleviated all the problems. Staff is requesting that to be modified to alleviate the additional problems, and that netting be installed along the east property line next to Regal Pointe Apartments.

Commissioner Morris explained further that this is a public health, safety, and welfare factor. He said the balls are flying through the neighborhoods. There are teenagers and others who are trying to hit the balls over the net. He said apparently his concept for screening doesn’t work and netting is needed high enough from where the existing netting is currently.

Commissioner Morris said staff is recommending a 60-day compliance on getting the netting installed properly. He and the staff have tried to work with the owner and are trying to keep the business open if possible. He asked the County Attorney if staff is not able to get compliance within 60 days, what actions are available to the Board to close the potential hazard.

County Attorney, Robert McMillan, addressed the Board to state this would become a code enforcement issue at that point. He said besides the code enforcement process, litigation of some sort could be pursued.

Commissioner Morris stated he thinks 60 days is a reasonable period of time, but he is concerned that there are holes in the netting and there is a lot going on that is not in compliance. He said he would like for the County Attorney’s Office to bring a recommendation to get compliance.

Commissioner Henley asked if the County fails to get any improvements on compliance, would it be fair to close down the business under the Public Nuisance Ordinance.

Mr. McMillan said his staff could look at all the facts and at several alternative remedies if there is a lack of compliance.

Commissioner McLain discussed with Ms. Markley how long she has been working with the applicant on this problem.

Motion by Commissioner Morris, seconded by Commissioner McLain, to direct staff to work on the new installation of netting and the existing installed netting, allowing 60 days for the property owner to come into compliance, and report back on the progress; and to direct Mr. McMillan to work closely with staff on this.

Upon inquiry by Commissioner Maloy, Mr. McMillan advised the special exception is a part of the zoning. He said they may be able to amend the code to provide some kind of temporary use, but they cannot revoke the special exception.

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

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Upon request by Commissioner Maloy, Chairman Van Der Weide moved Item #65 up on the Agenda to be presented at this time, requesting approval of the Final PCD Site Plan and Developer’s Commitment Agreement for the Oviedo Commerce Center PCD; property located on the west side of SR 426 (Aloma Avenue), north of the intersection of SR 426 and Mikler Road, George Viele.

Tony Matthews, Principal Planner, addressed the Board to state staff recommends approval of the Final PCD Site Plan and Developer’s Commitment Agreement. He advised Commissioner Maloy that this complies with all other discussions and previous agreements.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve the Final PCD Site Plan and Developer’s Commitment Agreement, as shown on page ________, for the Oviedo Commerce Center PCD; property located on the west side of SR 426 (Aloma Avenue), north of the intersection of SR 426 and Mikler Road, George Viele.

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

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Jack Wert, Tourism Director, addressed the Board to present request for direction on the proposal by the City of Sanford to partner with the County for the development of a Conference Center and to proceed with the development of an RFQ/RFP process.

Mr. Wert stated Seminole County has been working on this for about six years. He reviewed the background history of the project and recent developments since the 1997 study. He said staff has looked at the Sanford proposal and the Hunter study. The City is asking for a funding commitment and to proceed with the RFP/RFQ process. The City has indicated they would like $600,000 per year for 20 years in County funds and staff has looked at tourism funds for the source of the funding. Mr. Wert stated staff has concerns related to the $600,000 and has provided an outline, Attachment B (copy received and filed), of what the $600,000 over a six-year period would mean in terms of cuts that would have to be made. He said staff has provided a couple options for the Board’s review if they decide to proceed with the RFP process; other options to look at what else is available; or the option that based on the developments over the next couple of years, the meeting and conference center needs may be filled. Mr. Wert said staff feels there is still a need for meeting space, and the County is going to continue to grow and there will continue to be a need for hotel space.

Upon inquiry by Commissioner Maloy, Mr. Wert stated he does not have many details regarding the Emerson International proposal.

Commissioner Morris stated the RFP process could take 24 months from now. He asked if with the growth rate and additional units coming on line, does that mean that approximately $600,000 would be available two years from now.

Mr. Wert said probably not the full $600,000 would be available. He said staff did factor in the 300-room hotel in Heathrow and two smaller unit properties in the projections. They did not factor the 350 rooms in Altamonte Springs because that was unknown at the time.

Upon inquiry by Commissioner McLain, Mr. Wert advised staff did look at the possibility of dedicating one cent to the project. He said in order to do that, they would need to increase the tax from 3% to 4% and that would generate about $600,000 a year.

Commissioner Henley stated in all their discussions, the two most important questions have never been discussed publicly, and those are who is going to own the conference center and who is going to assume the liability for the shortfalls. He said a third concern is the possibility of using the tourist development tax for this purpose. He said this tax is not a guarantee and with all the competition here and what’s happening in other places, he thinks it would be a big gamble. They would be taking money generated by other hotels and putting it in a facility that somebody would own to complement a competitor. He stated there are a lot of unknowns to tie up the County for 20 years, particularly when the Board has not decided who will assume the liability from the year-to-year deficiencies that may occur in this industry.

Commissioner Morris stated he believes the concerns of Commissioner Henley may come to pass. He asked Mr. Grace if he believed these issues could be addressed in the RFP so that the questions can be answered so they don’t end up having the same discussions again and can come to an intelligent decision. Mr. Grace said he thinks that is the only way to get the questions answered, unless the Board wants to establish some policy decision without having all the information.

During further discussion with Commissioner Henley, Commissioner Morris said the Board could instruct Mr. Grace now that the County is not accepting liability.

Commissioner McLain stated it’s never been his impression that the Board would not expect a private sector company to build the hotel and participate in the cost of the conference center, as far as subsidizing the cost, and possibly operate it under contract. He said he thinks the real issue is how will they structure the ownership and any shortfalls if and when they come. He said he doesn’t think those are things that need to hinder the Board from developing an RFP to participate with the City of Sanford. Also, he said the City of Sanford spent a lot of money responding to the County’s request to help identify the needs, and the County should participate financially in the RFP so the County is an equal partner in the process.

Commissioner Maloy asked if the Board moves forward with the RFP process, what would they do with the proposal from the City of Altamonte Springs.

Chairman Van Der Weide answered that if for some reason the RFP comes back and it falters, that doesn’t mean the need for the citizens to have a conference center would disappear. He thinks if the Board doesn’t have the flexibility to give the amount of funds up to $600,000 to fund the project, it would be making a mistake. He suggested moving forward and doing it right.

Mr. Grace said he is not sure the Emerson Group would proceed forward if they don’t get some indication from the Board today that the BCC is interested.

Upon further inquiry by Commissioner Maloy on how serious a project it is by the Emerson Group, Mr. Grace said he thinks they have a project that they are going to do whether the County does the conference center with Emerson or not. They were exploring whether there is the possibility of doing something in addition to what they already planned. He expressed it’s hard to tell how serious Emerson is about their proposal because he doesn’t know enough about it.

Commissioner McLain stated for them to stop an ongoing process that they have been working on and have expended hundreds of thousands of dollars on just because of receiving one proposed outline of a plan is not reasonable. He said no one has contacted his office to explain the urgency or need of their plans.

Commissioner Henley said when the Board voted to remove the financial aspect of the agreement with Sanford, they made it very clear that the Board would seek and entertain other offers or proposals and they did not put a time line on that. He asked are they saying they will discount other offers and solely concentrate on the one with Sanford before they know what the options are. He said if so, they might be doing a disservice because they might wind up with an offer that is a public/ private partnership.

Chairman Van Der Weide stated the Board kept Sanford as the designated site in the County, although the designated funding was eliminated at that time. He said if the RFP passes or not today, that doesn’t prevent anybody from coming forward.

Commissioner McLain said he thinks the Board is trying to move forward with a potential commitment of what the County is prepared to spend in providing a facility in a partnership with the City of Sanford and a private sector developer, and see what is available and who is interested and willing to come forward and make a proposal for the Board’s consideration.

Chairman Van Der Weide agreed.

Commissioner Morris stated the RFQ process is going to lead to a lot of answers and the Board will be able to define the project better. He said he would not have a problem with viewing anyone during this process and thinks it will lead to very qualified developers coming forward.

Commissioner Henley stated as long as they are talking about moving forward with the RFQ without any binding commitment on the Board, he can support that. He cannot support it if they are tying everything to one location and one site on the basis of the information the Board has.

Upon request by Commissioner Morris, Chairman Van Der Weide recessed the meeting at 11:32 a.m. and reconvened at 11:40 a.m.

Commissioner Morris asked Mr. Grace to outline the decision before the Board. Whereupon, Mr. Grace stated if the Board moves forward with the next step in the process, the City of Sanford would undertake the RFP process with input from the County; and at the conclusion, the Board would have answers regarding ownership, liability, financial commitment, quality of the facilities and services, and the timing of those. If the proposals received do not meet the needs of the County and what the Board is looking for, they would not proceed further to entering into a contractual arrangement.

Commissioner McLain said in this process, he thinks the County would want to identify the potential amount the County is committing to the project, so the respondents would have a number to work with. Since this is a County request for a conference facility and the County initiated it, they should participate, not only by input but also share in the cost to be an equal partner.

Upon inquiry by Commissioner McLain, Sanford City Manager Tony Vanderworp gave positive acknowledgement that the City agreed with what Mr. Grace outlined.

Commissioner Morris said he doesn’t think the City of Sanford needs the County to share in the cost and they did not say that to him.

Upon inquiry by Commissioner Henley, Mr. Wert said the Tourist Development Commission had not formally discussed the $400,000 figure, but that was the staff’s position.

Commissioner Henley said it concerns him that going to a site specific is going to discourage other proposals from coming in because the RFP is directed solely toward that site and the conditions there. Also, he thinks before going anywhere, they may be overlooking the impact on the financial success of the other buildings that have been announced since the feasibility study was done. He said he cannot support the proposal because it is restrictive.

Motion by Commissioner Morris, seconded by Commissioner McLain, to proceed with the development of the RFQ/RFP process in a partnership with the City of Sanford as outlined by the Board discussion today, with the recognition that the proposal would provide more assembly space, at the maximum amount of $600,000.

Districts 2, 3, and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

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Ray Hooper, Purchasing Manager, addressed the Board to request award of PS-564-00/BJC, Professional Construction Management Services for the Seminole County New Criminal Justice Center and Renovation of Existing Courthouse, and authorize Chairman to execute the Agreement with The Haskell Company, Jacksonville ($395,700 for pre-construction services and Construction Manager’s Fee – 4.4% of construction costs {final amount to be determined}).

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve award of PS-564-00/BJC, Professional Construction Management Services for the Seminole County New Criminal Justice Center and Renovation of Existing Courthouse, and authorize Chairman to execute the Agreement, as shown on page ________, with The Haskell Company, Jacksonville ($395,700 for pre-construction services and Construction Manager’s Fee – 4.4% of construction costs {final amount to be determined}).

Under discussion, Commissioner Henley stated he would be opposing the motion as he thinks the County is paying too much. He explained he is concerned with the language in the contract. He asked staff to explain what the County is getting in the pre-construction phase for paying the $326,700 for the New Criminal Justice Center.

Jamie Croteau, Administrative Services Director, addressed the Board to state the services during the pre-construction phase would be constructive bargaining, cost estimating, and providing varying engineering services. Whereupon, Commissioner Henley said he thinks they are paying a percent too much for this project.

Chairman Van Der Weide said he thinks tremendous progress has been made on this contract.

Mr. Grace said staff is prepared to move forward. He said he feels comfortable with the contract.

Commissioner McLain agreed with the Chairman’s comments.

Commissioner Morris stated one of the problems he has is representation relative to review of the contracts. He said staff tried to bring forward hiring additional staff members, and this should have been a major discussion by the Board at the front end of the project. He asked Mr. Grace to bring this item up at a later time. Also, he said the industry indicated to him that this contract is much better than it was.

Commissioner Henley suggested that the Board, in the future, consider dealing with these type contracts the same as they do with others. He said the Board should send staff with more directions from the standpoint of what the Board is willing to pay when they go to the bargaining table rather than becoming an advocate with the contractor against the Board.

Districts 1, 3, and 5 voted AYE.

Commissioners Henley and Morris voted NAY.

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Colleen Rotella, Planning & Development Administrative Manager, addressed the Board to request adoption of Resolution re-establishing the Natural Lands Advisory Committee.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-254, as shown on page ________, re-establishing the Natural Lands Advisory Committee.

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

County Manager’s Briefing

Suzy Goldman, Library & Leisure Services Director, addressed the Board to present provisions for an interlocal agreement with the City of Oviedo for a community park. She stated there are corrections to be made to the draft agreement. She advised that the recommendations have been coordinated with the City of Oviedo staff.

Upon inquiry by Commissioner McLain, DCM Frances Chandler addressed the Board to state the payback has not been negotiated. She explained if the Board is comfortable with the provisions, then staff will draft those as an agreement to bring to the Board.

Ms. Goldman reviewed the provisions as outlined in the staff report. She referred to her memorandum (copy received and filed) dated December 7, 2000, giving the timeline for construction.

Ms. Chandler said the method of repayment would be brought back to the Board.

Commissioner Henley stated if playground equipment is not included as part of the minimum requirement, then all they will have is a sports complex. He said staff needs to make sure part of the minimum facilities is playground equipment.

Commissioner Maloy concurred. He said another important component would be to have a picnic area with some pavilions, and he would like to see something along those lines.

Eugene Williford, City of Oviedo, addressed the Board to state it was their intent to provide minimum standards that the City thought they could accomplish with the amount of money they have today. He said they expect the park to be greater than the minimums with youth baseball fields, softball fields, jogging exercise trails and a number of facilities. He said not knowing what the funding source would be to do all those and that the County wants a repayment provision, it would be difficult to say all those things would happen in five years.

Upon inquiry by Commissioner Morris, Council Member Dallari addressed the Board to state they are very excited about the equestrian element.

Upon inquiry by Chairman Van Der Weide, Mr. Dallari said they were thinking that if under the 5th year at least 50% of the project was under construction, they would like to exercise a year’s extension. Chairman Van Der Weide said the Board could not obligate what other Commissioners would do, but with the historical cooperation with the Cities, he feels if there were a bona fide problem, the Commissioners would not let them sink.

Mr. Williford stated with the economy being good, it also presents its own set of problems with the speediness of contractors. He said they would not have enough money to do it until the third year, so it would be approximately two years, nine months to get everything complete.

Mr. Williford advised Commissioner Maloy that he would not have a problem with a stipulation for some sort of shelter or picnic area that can be done for the $700,000.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to give consensus to staff to move forward with drafting an interlocal agreement with the City of Oviedo for the Winter Miles Community Park.

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

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Ms. Rotella presented recognition requests for Ed Yarborough and Wiley Dykes, Sr. She stated Mr. Yarborough’s family has indicated a willingness and desire to have the Geneva Wilderness Area named in Mr. Yarborough’s honor.

Motion by Commissioner McLain, seconded by Commissioner Henley, to direct staff to move forward with the efforts to commemorate Mr. Ed Yarborough and recognize Mr. Wiley Dykes, Sr.

Under discussion, Commissioner Morris asked how did the request for Mr. Dykes come forth.

Thereupon, Commissioner McLain asked to deal only with the request for Mr. Yarborough, and clarified his motion is to approve the Yarborough Commemoration only. Commissioner Henley agreed.

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

Commissioner Morris recommended staff take the Wiley Dykes, Sr. request through an advisory committee and set a policy before they start renaming trails. Chairman Van Der Weide and Commissioner Henley agreed.

Chairman Van Der Weide requested staff come back with proposed language and to discuss same with the Commissioners.

Commissioner McLain asked if Mr. Grace, through the trails staff, could draft some form of resolution for Mr. Dykes outlining his participation and bring that back to the Board for immediate action.

Clerk’s CONSENT AGENDA

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

1. Expenditure Approval Lists, as shown on page ________, dated November 21 and 28, 2000; and Payroll Approval List, as shown on page _________, dated November 22, 2000.

2. Chairman to execute Satisfaction of Judgment for Code Enforcement Lien for David Luoma, Case #99-29A CEB - $2,030.

3. Chairman to execute Satisfactions of Judgment for Bail Bond Liens for the following:

. Jeremy W. Pruitt & Accredited Surety & Casualty Ins. Co. - $246

Christopher G. Safron & Accredited Surety & Casualty Ins. Co. - $446

4. Approval of Official Minutes dated November 14 and 21, 2000.

 

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

1. Plat Letter, as shown on page ________, to Ms. Carol Bowden, Development Review Division, from Dale A. Dettmer, Krasny & Dettmer, re: Plat of Carisbrooke.

2. Certifications of Acceptance, as shown on page ________, of Subgrant Award for J-Stac IV, as approved by the BCC on 5/23/00.

3. Development Order #00-32700005, as shown on page ________, for Nextel Tower co-location of communication tower antenna.

4. Certifications of Acceptance, as shown on page ________, of Subgrant Award for Child Abuse Victim Assistance Tracking System and Seminole County Audiovisual First Appearance/Arraignment System IV, as approved by the BCC on 5/23/00.

5. Certifications of Acceptance, as shown on page ________, of Edward Byrne Enforcement Assistance Subgrant Program as approved by the BCC on 5/23/00.

6. Letter from Bob Crawford, Commissioner of Agriculture, submitting an Annual Report for the Florida Division of Forestry.

7. Letters dated November 21 & 27, 2000 from Lonnie Groot, Shutts & Bowen, to Kevin Grace, County Manager, requesting a continuance of the Oxford Outdoor Advertising BOA Appeals.

8. Memorandum from Jerry McCollum, County Engineer, to Sandra McCann, BCC Records, submitting the following: Sidewalk Easement Subject to Defeasance and an Affidavit of Corporate Identity/Authority, as shown on page ________, The Harrod Group, Inc. and Sidewalk Easement Subject to Defeasance, as shown on page ________, Central Florida District Church of the Nazarene.

9. Change Order #3, as shown on page ________, to FC-1117-00.

10. Asbestos Consulting Services Agreement, M-201-00, as shown on page ________.

11. Agreement, as shown on page ________, for Legal Representation of Indigents in Criminal and Juvenile Court Proceedings with J.R. Russo, Public Defender, and Adam Pollack, Esquire.

12. Work Order #4, as shown on page ________, to RFP-464-99.

13. First Amendment, as shown on page ________, to Work Order #24 to PS-532-98.

14. Work Order #28, as shown on page ________, to PS-532-98.

15. Work Orders #7, #8, & #9, as shown on page ________, to PS-555-00.

16. Work Order #1, as shown on page ________, to PS-572-00.

17. Work Order #1, as shown on page ________, to PS-574-00.

18. Work Order #29, as shown on page ________, to PS-532-98.

19. Agreement FC-1130-00, as shown on page ________, with Diamond Glass Company.

20. Financial Services Agreements M-202-00 and M-203-00, as shown on page ________.

21. Bids for FC-1133-00.

Judicial/Circuit Court Consent Agenda

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

1. Approve and authorize Chairman to execute Article V Trust Fund Grant-in-Aid Agreement, as shown on page ________; funds associated with Expert Witness Fees in Criminal Cases, Court Reporting and Transcribing costs and costs associated with the appointment of Special Public Defenders.

2. Approve and authorize Chairman to execute Grant-in-Aid Agreement, as shown on page ________, for Court Reporting Services; funds will assist in the payment of costs associated with Court Reporting Services.

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

Sheriff’s Consent Agenda

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

1. Approve and authorize Chairman to execute grant application and associated grant documents, as shown on page ________, for the Florida Department of Law Enforcement Residential Substance Abuse Treatment (RSAT) Program; and authorize the processing of all associated grant documents.

2. Approve and authorize expenditure in the amount of $1,000 from the Law Enforcement Trust Fund for a contribution for various school based programs sponsored by the Foundation for Seminole County Public Schools.

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

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The Board, thereupon, recessed at 12:29 p.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioner McLain entering late) and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann.

PROOFS OF PUBLICATION

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 2, 3 and 4 voted AYE.

PUBLIC HEARINGS

CONSOLIDATED STREET LIGHTING ORDINANCE

Proof of publication, as shown on page _______, calling for a public hearing to consider the Consolidated Street Lighting District Ordinance, received and filed.

Jennifer Bero, Fiscal Services, addressed the Board to present the proposed ordinance.

No one spoke in support or in opposition.

Motion by Commissioner Henley, seconded by Commissioner Morris to adopt Ordinance #2000-54, as shown on page _______, approving the Consolidated Street Lighting District Ordinance, repealing Ordinance #99-57, as described in the proof of publication.

Districts 1, 2, 3 and 4 voted AYE.

UNIFORM METHOD OF COLLECTING

NON-AD VALOREM ASSESSMENTS

Proof of publication, as shown on page _______, calling for a public hearing to consider the Uniform Method of Collecting Non-Ad Valorem Assessments Resolution, received and filed.

Gail Bigelow, Fiscal Services, addressed the Board to present the proposed resolution.

Commissioner McLain entered the meeting at this time.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2000-R-255, as shown on page ________, adopting the Uniform Method of Collecting Non-Ad Valorem Assessments, pursuant to Florida Statutes, Section 197.3632, as described in the proof of publication.

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

REQUEST TO VACATE & ABANDON,

PIZZUTI COMPANIES

Proof of publication, as shown on page _______, calling for a public hearing to consider right-of-ways known as Church Lake Drive and Suburban Estates Trail for property located south of County Road 46A and west of International Parkway within the Heathrow International Business Center, Pizzuti Companies, received and filed.

John Omana, Principal Planner, addressed the Board to advise this request is the result of the land exchange with the Pizzuti Co. approved by the Board on August 10, 1999. He advised the two subject right-of-ways were originally conveyed to the County in 1965 and 1967. He added that staff recommends approval.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2000-R-256, as shown on page ________, vacating and abandoning right-of-ways known as Church Lake Drive and Suburban Estates Trail, for property located south of County Road 46A and west of International Parkway within the Heathrow International Business Center, as described in the proof of publication, Pizzuti Companies.

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

REQUEST TO REZONE FROM PUD TO PUD,

O.G. COMMERCIAL PUD/HARLING LOCKLIN

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve development order placing staff and applicant requested conditions upon the rezoning; and approve associated preliminary master plan; for property located on the north side of SR 426 (Aloma Avenue), east of the Greeneway (SR 417), O.G. Commercial PUD, c/o Harling Locklin & Associates, Inc., received and filed.

Cindy Matheny, Senior Planner, addressed the Board to present the request, advising staff recommends approval subject to conditions in the development order.

Upon inquiry by Commissioner Maloy, John Dwyer, Section Chief, addressed the Board to advise the entryway will line up with Starwood.

Brad Stevenson, Harling Locklin & Associates, addressed the Board to state he sees no problem with the intersection lining up with Starwood.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt Ordinance #2000-55, as shown on page _______, rezoning property located on the north side of SR 426 (Aloma Avenue), east of the Greeneway (SR 417), from PUD zoning classification to PUD zoning classification; to approve the Development Order, as shown on page _______, placing staff and applicant requested conditions upon the rezoning; and to approve the associated preliminary Master Plan, for property described in the proof of publication, O.G. Commercial PUD, c/o Harling Locklin & Associates, Inc.

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

UNIFORM ADDRESSING ORDINANCE

Proof of publication, as shown on page ________, calling for a public hearing to consider an Amendment to the Seminole County Land Development Code, Chapter 90, Uniform Addressing, received and filed.

Frank Kirk, Emergency Management Manager, addressed the Board to present the request.

Attorney Lonnie Groot addressed the Board to express his appreciation to staff for working on this ordinance.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #2000-56, as shown on page ________, amending the Seminole County Land Development Code, Chapter 90, Uniform Addressing, as described in the proof of publication.

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

COUNTY MANAGER'S CONSENT AGENDA, Continued

Ahoy Marine property lease was presented for action. Copy of revised lease agreement was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute Lease Extension, as shown on page _______, for Ahoy Marine.

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

CHAIRMAN'S REPORT

Chairman Van Der Weide advised he will be sending a list of Liaison Appointments to the Board and will be submitting same into the Record at the next BCC meeting.

DISTRICT COMMISSIONERS' REPORTS

Motion by Commissioner Morris, seconded by Commissioner McLain to appoint/reappoint the following for District 2:

SEMINOLE COUNTY PORT AUTHORITY - Bob Douglas, effective 1/1/01

SWIMMING POOL CONTRACTORS BOARD - Phil Bowles, effective immediately; and adopt appropriate Resolution #2000-R-257, as shown on page _______, commending Joe Polverino for his services.

TRAILS & GREENWAYS TASK FORCE - James W. Hill & Roger T. Cooper, effective immediately.

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

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Commissioner Morris briefly discussed dog adoption and euthanasia and a placement service for same.

Mr. Grace advised staff is looking into this and will report back to the Board.

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Commissioner Morris discussed request for the County to become a member of the Tri-County League of Cities.

Commissioner Henley stated he believes it would be worthwhile for the Board to become a member.

Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman and County Manager to make the appropriate membership application for Seminole County to become a member of the Tri-County League of Cities; and authorized expenditure of the required membership fee.

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

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Commissioner Van Der Weide advised of his nomination of Ben Tucker to the Planning & Zoning Commission.

Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Ben Tucker to the Planning & Zoning Commission to fill an unexpired term ending January, 2003; and to adopt appropriate Resolution #2000-R-258, as shown on page ________, commending Keylor Chan for his services on same.

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

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Motion by Commissioner Henley, seconded by Commissioner Morris to appoint/reappoint the following for District 4:

AGRICULTURE COMMITTEE - Betty Schlusmeyer, term ending 1/1/03

ANIMAL CONTROL BOARD - Anthony Mujic, term ending 01/01/01

HISTORICAL COMMISSION - Lillian Griffin, term ending 01-01-03

PARKS & RECREATION COMMISSION - Lois Fairbrother & Tom Artingstall, terms ending 01-01-02

PLANNING & ZONING COMMISSION - Mark George, term ending 01/01/05

BUILDING CONTRACTORS BOARD - Ken Watkins, one-year term

ELECTRICAL CONTRACTORS BOARD - Bob Herring, one-year term

MECHNANICAL CONTRACTORS BOARD - William Lang, one-year term

SWIMMING POOL BOARD - Skip West, one-year term

WELL DRILLERS BOARD - David Allen, one-year term

PLUMBING CONTRACTORS BOARD - Paul Honeycutt, one-year term

DISABILITY COUNCIL - Cindy Taunt & Morris McCastlain, terms ending 01/01/03

SEMINOLE COUNTY INDUSTRIAL DEVELOPMENT - Stanley Weinroth, term ending 01/01/04

LIBRARY ADVISORY BOARD - Jane Dees, term ending 01/01/03

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

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Commissioner Henley discussed his concern with regard to Code enforcement.

DCM Frances Chandler advised the Lot Clearing Ordinance can come into play if code enforcement is unsuccessful.

Commissioner Van Der Weide stated he would like the County Attorney to come back to the Board with perimeters and possibilities. Whereupon, Ms. Chandler advised staff is preparing a briefing item to come before the Board in January 2001.

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Commissioner McLain advised he was happy to see Judge Clark rule in favor of Seminole County with regard to the lawsuit brought by Harry Jacobs. He wished everyone a happy holiday.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Alan Peltz to the Planning & Zoning Commission for a term ending 01/01/05; and to adopt appropriate Resolution #2000-R-261, as shown on page ________, commending Mr. West for his service on same.

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

COMMITTEE REPORTS

Commissioner Maloy advised Byron Brooks has been appointed the new Executive Director of LYNX.

COMMUNICATIONS AND/OR REPORTS

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

    1. Notice of Public Hearing to consider the Adoption of an Ordinance No. 3555 to annex 30.57 acres of property lying between the Seaboard Coastline Railroad and Iowa Avenue and between North Kennel Road and Creek Road by the City of Sanford. (cc: Board, County Manager, DCM, Planning & Dev. Director, Comp. Planning, Current Planning, County Attorney)
    2. Notice of Public Hearing to consider the Adoption of an Ordinance No. 3602 to annex .76 acres of property lying between east 28th Place and 29th Street and between Palmetto Avenue and Magnolia Avenue by the City of Sanford. (cc: Board, County Manager, DCM, Planning & Dev. Director, Comp. Planning, Current Planning, County Attorney)
    3. Facsimile and attachment from Shutts & Bowen LLP listing House Committee Chairmen and announcement of Legislative Delegation meeting scheduled for Thursday, January 4, 2001. (cc: Board, County Manager, DCMs, County Attorney)
    4. News Release from the U.S. Fish & Wildlife Service Public Affairs Office entitled "Public input sought on technical/agency draft revised recovery plan for Florida manatees." (cc: Board, County Manager, Comp. Planning, Stormwater)
    5. News Release from the U.S. Fish & Wildlife Service Public Affairs Office entitled "Public input sought on proposed refuges and sanctuaries for Florida manatees." (cc: Board, County Manager, Comp Planning, Stormwater)
    6. Agenda and meeting packet for the Sanford Airport Authority Board Meeting of Tuesday, December 5, 2000.
    7. Memorandum dated November 20, 2000, from Carol L. Bracy, Legislative Director, Florida Association of Counties, to County Commissioners, County Administrators, FAC Affiliate Presidents, County Attorneys, County Lobbyists, Re: FAC's 2001 Legislative Program.
    8. Letter dated November 28, 2000, from Rey and Kathleen Sylvester regarding new home purchase in Sanford. (cc: Board)
    9. Copy of letter dated November 17, 2000, from Tom O'Hanlon, Chairman, City of Oviedo, to Brenda Winningham, Planning Manager, Florida Dept. of Community Affairs, Re: Proposed Comprehensive Plan Amendments by the City of Winter Springs for the Weaver Properties LS-CPA-2-00 and Minter LS-CPA-3-00. (cc: as noted)
    10. Copy of letter dated November 27, 2000, from Tom O'Hanlon, Chairman, City of Oviedo City Council, to Mayor Paul Partyka, City of Winter Springs, Re: Proposed City of Winter Springs Ordinance No. 2000-36 - Annexation of the Carroll Property. (cc: as noted)
    11. Copy of letter dated November 27, 2000, from Tom O'Hanlon, Chairman, City of Oviedo City Council, to Mayor Paul Partyka, City of Winter Springs, Re: Proposed City of Winter Springs Ordinance No. 2000-40 - Annexation of the Weaver Property. (cc: as noted)
    12. Copy of letter dated November 27, 2000, from Tom O'Hanlon, Chairman, City of Oviedo City Council, to Mayor Paul Partyka, City of Winter Springs, Re: Proposed City of Winter Springs Ordinance No. 2000-41 - Annexation of the Minter Property. (cc: as noted)
    13. Memorandum from David W. Martin, P.E., Principal Engineer, to the Board of County Commissioners and staff as noted and attached schedule Re: Revised SR 434 Trail Overpass Schedule.
    14. Memorandum from David W. Martin, P.E., Principal Engineer, to the Board of County Commissioners and staff as noted and attached schedule Re: Revised I-4 Trail Overpass Schedule.
    15. Contract for Services, as shown on page _______, between Seminole County Parks and Recreation Division and Kimberly E. Krbec to keep score of slow pitch softball.
    16. Notice of availability of Emergency Medical Services matching Grant Application Packet from the Bureau of Emergency Medical Services, Florida Dept. of Health, to ALS Providers, BLS Providers, Air Ambulance Services, Advisory Council Constituency Members, Florida County Commissioners, EMS Training Centers, advising of solicitation of applications for emergency medical services matching grants. (cc: Board, County Manager, Fiscal Services, Public Safety)
    17. Letter from Janet R. Dougherty, CMC, City of Sanford Clerk, transmitting Notice of a Public Hearing on December 11, 2000, to Consider the Adoption of an Ordinance by the City of Sanford to annex 27.8 acres of property lying between Vihlen Road and Dogwood Drive extended easterly and between Vihlen Road and Upsala Road. (cc: BCC, County Manager, Deputy County Manager, Planning & Development Director, Comp Planning, Current Planning)
    18. Letter from Janet R. Dougherty, CMC, City of Sanford Clerk, transmitting Notice of a Public Hearing on December 11, 2000, to Consider the Adoption of an Ordinance by the City of Sanford to annex 1.02 acres of property lying between Celery Avenue and East 20th Street and between Brisson Avenue and Water Street. (cc: BCC, County Manager, Deputy County Manager, Planning & Development Director, Comp Planning, Current Planning)
    19. Notice of Public Hearing to be held by the City of Longwood on December 13, 2000, to Abandon/Vacate requested by R. Dean Cannon, Jr., Esq., Gray, Harris & Robinson, P.A. to abandon/vacate a portion of the right-of-way east of and adjacent to CR 427. (cc: Board, County Manager, Deputy County Manager, Planning & Development Director, Comp Planning, Current Planning)
    20. Copy of Memorandum dated November 22, 2000, from Kathryn J. Brown, Senior Planner, to Sandy McCann, County Records, listing items submitted for recording in the Official Records. (cc: Board, County Manager, Environmental Services Director)
    21. Letter dated November 28, 2000, from Janet R. Dougherty, CMC, City of Sanford Clerk, to Kevin Grace, Seminole County Manager, transmitting a copy of Ordinance No. 3592 and map passed by the City of Sanford annexing a portion of certain property lying between 13th Street and Blain Street and between Dixie Way and Roosevelt Avenue.
    22. Letter dated November 24, 2000, from Diane Pickett, Time Warner Communications, outlining planned changes to cable television channel line up and adjustments to current price schedules effective January, 2001. (cc: Board, County Manager, Cable Franchising Coordinator)
    23. Copy of letter dated December 11, 2000, from J. Suzy Goldman, Library & Leisure Services Director, to the McFadden Family, expressing appreciation for donation of $25.00.
    24. Copy of letter dated December 1, 2000, from Lin Polk, MSBU Program Manager, to Joseph Sposaro, transmitting Fourth Quarter 1999-2000 Financial Report for the Cedar Ridge Maintenance MSBU. (cc: Cindy Hall, Director, Fiscal Services)
    25. Newsletter from the School Board of Seminole County.
    26. Letter dated December 4, 2000, and attached brochure from Kenneth C. Cone, Florida Power, Re: Merger of Florida Progress and CP&L Energy. (cc: Board, County Manager)
    27. Local Government Monthly Mailer dated December, 2000, from the St. Johns River Water Management District. (cc: Board)
    28. E-mail dated December 5, 2000, addressed to the Chairman from Gerry Nolan, Vice President Investor Relations, Economic Development Commission of Mid-Florida, Inc., transmitting a copy of the Central Florida Technology Partnership Presentation to the Legislative Delegation. (cc: Board, County Manager, County Attorney, Deputy County Managers, Planning & Development Director)
    29. Memorandum dated December 7, 2000, from Mark E. Flomerfelt, P.E., Stormwater Manager, to the Board, County Manager, and the Deputy County Managers, Re: American Heritage River Steering Committee.
    30. Letter dated December 6, 2000, from Sandra Glenn, Executive Director, East Central Florida Regional Planning Council, to the Chairman requesting staff contact to represent Seminole County on the St. Johns River Eco-Heritage Corridor Planning Committee, subcommittee to the American Heritage Rivers Initiative. (cc: Board, County Manager/draft response, Deputy County Managers)
    31. Letter dated December 4, 2000, from Tom O'Hanlon, Chairman, Oviedo City Council, to the Chairman requesting permission from the County for the City to be involved in the development review process of the new McDonalds located on SR 426 close to the Red Bug Road intersection. (cc: County Commission, City Council, County Manager, City Manager, DCM/Chandler, Planning & Development Director, Comp Planning)
    32. Letter dated November 30, 2000, to the Board from William G. "Bill" Bankhead, Secretary, State of Florida Department of Juvenile Justice, transmitting brochure Re: Reorganization of the Department of Juvenile Justice. (cc: Board, County Manager, Deputy County Managers, Community Services)
    33. Memorandum dated December 6, 2000, from Frankie Callen, Executive Manager of Governmental Affairs, to the Central Florida Regional Transportation Authority funding partners, Legislative Delegation members and local elected officials, Re: Attached memorandum from Byron W. Brooks, Interim Executive Director, to the Lynx Board of Directors regarding the use of cabs to supplement paratransit operations. (cc: Board, County Manager, Deputy County Manager/Chandler, Comp Planning)
    34. Letter dated December 6, 2000, from Frederick H. Nelson, Esq., American Liberties Institute, Re: Seminole County, Florida, updated summary of legal exposure. (cc: Board, County Attorney)
    35. Letter dated December 8, 2000, from Karen Ponder, Clerk to the Board, Seminole County Public Schools, advising that Sandra Robinson, Chairman, Seminole County School Board, is liaison to the Seminole County Commission. (cc: Board, County Manager, Deputy County Managers)
    36. Letter from Kevin Couthart, Seminole County Marketing Manager, Central Florida Sports Commission, transmitting copy of the Monthly Activities Report for the month of October, 2000. (cc: Board)
    37. Copies of letters dated December 7, 2000, from Kenneth M. Roberts, Director, Department of Public Safety, to the following in appreciation of donations to the Animal Control Services Division: Carrie Matthews, Sylvia McCook, Dolores Deane, Ben & Suzanne Newman, Pam Smith, Kathy Furlong, Linda Radecki.
    38. Memorandum dated December 11, 2000, to the Board of County Commissioners, from Ginger Hoke, Senior Greenways & Trails Planner, Re: Trails and Greenways Advisory Committee Replacement. (cc: County Manager, Deputy County Managers, Planning & Development Director)

COUNTY MANAGER'S REPORT

Mr. Grace stated he believes a Project Manager is needed for the new Criminal Justice Center and the renovation of the existing Courthouse. He said he will be presenting options to the Board for same at the first meeting in January.

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Discussion ensued with regard to the annexation issues with the City of Winter Springs and the City of Oviedo.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-259, as shown on page _______, regarding the annexation conflicts with the City of Winter Springs concerning Annexation Ordinances #2000-36, #2000-40 and #2000-41.

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

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There being no further business to come before the Board, the Chairman adjourned the meeting at 2:16 p.m., this same date.

 

 

ATTEST:_______________________Clerk_____________________Chairman

cc/slm