BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 11, 2003
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, February 11, 2003, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)(Late)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
The Invocation was given by Pastor Bruce Scott, First Presbyterian Church, Sanford.
County Manager Kevin Grace led the Pledge of Allegiance.
Deputy County Attorney Stephen Lee addressed the Board to present request for adoption of Resolution in support of funding for Central Florida’s Community Colleges.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to adopt appropriate Resolution #2003-R-35, as shown on page _______, in support of funding for Central Florida’s Community Colleges.
Districts 1, 2, 4, and 5 voted AYE.
Mr. Lee reviewed briefly six legislative items for discussion--Lynx/Metroplan, Juvenile Justice cost shifting, Medicaid changes, cell towers, Governor’s budget, and annexation.
He distributed copies of his memorandum to the Board (copy received and filed) dated February 7, 2003, regarding the Lynx/Metroplan legislation by Representative Gardiner and Representative Johnson. He said there is a bill being prepared by Senator Constantine, but he does not have a copy of that. He summarized the two bills. He said Representative Johnson has asked for the Board’s support on the concept on his bill in general. If the Board does support the concept, he is asking the Commission to authorize the County Attorney’s staff to work with him on some of the details that would be necessary to put the bill in final shape.
Upon request by Chairman McLain, Commissioner Morris commented on the MPO Executive Committee meeting held yesterday. He said it is clear to him that the local officials in a significant portion of the region, and the State officials, are not going to empower Lynx, but will strip Lynx of any mass transit ability beyond a bus system. Lynx will only be a bus company. He stated that by consensus, the BCC said they will monitor the process; and feared if the Board were not intricately involved in a planning of the new organization, the Board might potentially look at doing something on their own. During the discussions yesterday, it was evident to him that Representatives Johnson and Constantine want to listen to the Committee and would not go forward with a bill if all parties do not agree. He stated the advantages of having the MPO are that it has federal requirements for equal population and representation. He discussed that CFAST was the original concept for a regional system. He said he supports the core concept of the legislation. If they are looking at potentially if the bill is going to handle the massive, regional issues for surface transportation and mass transit, they should be thinking about including Volusia County in a partnership.
Commissioner Maloy stated he would not support Representative Gardiner’s bill; he thinks that would make things worse. He said he does support Representative Johnson’s plan. He understands that Chairman McLain suggested changing the makeup of the board a little to make it larger. Overall, he thinks that plan is the best chance to address Central Florida’s transportation issues, to get the public on board, and to tackle the problem.
Commissioner Henley said he doesn’t think manipulating the numbers solves the problem. The problems with Lynx and Metroplan will still be there with this organization. What they would possibly be doing is creating a massive bureaucracy with the authority to tax with the concurrence of each of the people in the jurisdictions. It appears that once the people are voted in, then the tax dollar from Seminole County goes into this and they will lose basic control over the dollars. The County Commissioners will have a couple votes, depending on which of the plans they choose. He stated the problems have been those in leadership, commitment, and inability of the officials to make decisions to get something going. The Board also should remember that Lynx did not ask for the rail. He said he is not willing to jump into this; there are too many questions that have not been answered and the details of the operation have not been worked out. Often they get caught up on the concepts and then when it really comes to fruition, they don’t like what they come out with. He said Representative Constantine has a “shell” bill, meaning he has not worked out any of the details and is not ready to release it yet. He cautioned the Board about getting on board in the environment they’re in at this time. He thinks that much of this is a reaction to all the publicity as a result of the trip taken that should have never happened. He said this system creates the same problems they have now. There is a constant turnover in membership on the boards, so there is a certain number that are always in a learning curve, which doesn’t solve the issue at all. He said he is not willing to buy into a decision on either of these bills at this point.
Chairman McLain said spending County money on projects was discussed yesterday. He understood that Representative Johnson stated the Board would control how the money from Seminole County would be spent. Whereupon, Commissioner Henley said the bill does not say that. Chairman McLain said that is why they would be approving the general concept, giving Representative Johnson the green light to move forward and work out some of the problems. He said he supports moving forward with the general concept. He likes the idea of having the planning and operations under one board, and having the elected officials responsible rather than appointees.
Commissioner Morris stated that Representative Johnson has said that any changes relative to home County dollars and how they are to be spent can be and will be addressed in the bill if the County Commissioners request that. Each jurisdiction is being asked to discuss this and put in additional changes and forward those to Harry Barley of Metroplan, who will build a paper based on three to five other proposals that may alter the legislation. That would formally go before respective boards in March, and then Representative Johnson would proceed with a bill. If at any time a regional member determines, during the course of the legislation going through Tallahassee, he would withdraw the bill. Commissioner Morris said Commissioner Henley has some valid concerns, in particular about what is really happening and the unfortunate nature of what’s occurred with Lynx. He also agrees with Commissioner Maloy on the accountability, and he thinks that’s the real issue.
Commissioner Henley said now the taxing authority still goes with each of the jurisdictions, which means two can pass it and if the other person doesn’t, what happens to the regional plan. That’s still in the proposal, and that’s the concern he has. He said Seminole County has stepped forward on two occasions and taxed the citizens to deal with their problems, and Orange County has yet to do that. These type problems are going to make or break this situation. He doesn’t see anything in the proposed bill that is going to do it unless the tax is region-wide and it takes a region-wide vote, rather than jurisdiction by jurisdiction. This is one of the biggest hang-ups of the make-up.
Chairman McLain stated if the Commission does not support the Johnson Bill and the Gardiner Bill moved forward, they would have only one vote and be diluted even further. He doesn’t know if they would want to continue participating in the organization in that case.
Commissioner Henley stated he sees nothing to gain by the Gardiner Bill.
Chairman McLain said he thinks the majority consensus is to work with Representative Johnson and bring the bill to a point where, hopefully, they can all support it and deal with all the issues talked about. He asked the Commissioners, if they have other issues to be addressed in the bill, to advise Mr. Grace. Discussion continued.
Commissioner Maloy suggested making a recommendation on the funds that come from Seminole County.
Commissioner Morris noted that the Board has an opt-out provision under the federal authority. That might be one thing Mr. McMillan could draft for the Board so each Commissioner fully understands, and they can speak about the full options.
Commissioner Henley responded that once this gets into law and the details do not turn out to the Board’s liking, they are not going to be opting out at that stage of the game. That’s why he’s saying this bill is incomplete. They won’t really know what it looks like until they get all the bylaws, rules, and regulations adopted and that doesn’t happen until after this becomes law.
Mr. McMillan advised when they met yesterday they talked about provisions being put in that permit an exit at some later date, even after the bill passes. They also discussed the issue of what would happen with the money if the sales tax were imposed. Things were left on the table for discussion before the bill is finalized and passed, and those issues will be brought back to the Board.
Upon inquiry by Chairman McLain, it was the unanimous consensus of the Board (Commissioner Van Der Weide was absent) to not support the Gardiner Bill. Commissioner Maloy asked that this be relayed to the County’s lobbyists and legislators.
Commissioner Morris noted that the majority consensus is three to one (with Commissioner Henley saying Nay) to move forward on the Johnson Bill in concept.
Mr. Lee reported this legislative session is going to be about money, trying to protect the County’s revenue sources from the State, that’s trying to find money for the things they need to do for the classroom size issue, the “bullet” train, and revisions to Article V.
Mr. Lee stated the Governor’s budget has been adopted, and budget hearings are being held now and next week. He doesn’t have the Florida Association of Counties’ analysis, but will obtain that and provide copies to the Board.
Mr. Grace said he received an estimate that the Governor’s budget will impact the County’s General Fund at about $5 million. Three million dollars of that amount is the large increase in the retirement contribution, and the rest is the laundry list of things discussed at the last meeting with most of that related to Juvenile Justice cost shifts from the State to the County.
Commissioner Morris discussed the Medicaid cost shifting and asked how local government is getting into funding this federal program and mandate. A copy of the handout on Medicaid Nursing Home Billing to the Board from Mr. Grace was received and filed.
Mr. Lee explained that the cost shift involves the County now paying for the number of days of nursing home care. He reviewed the three choices for the County’s share.
Commissioner Morris stated this is something that should not be up for discussion as this is a federally-mandated program. He said this is violating the entire precepts of how government is supposed to be operating.
Mr. Lee said he received a copy from FAC of Governor Bush’s letter to Congress detailing the issues that States have with the Medicaid program and making suggestions on what should change to allow the States flexibility to deal with the issues.
Mr. Grace said he has heard that more and more the State is starting to look at the counties as an extension of the State.
Mr. Lee said one thing FAC has suggested is bringing to the attention of the Delegation members the adoption of the seniors’ homestead exemption change to indicate support for the senior population with the County tax dollars; and also the new bill dealing with tax exemption to construct in-law quarters to keep people out of the nursing home.
Chairman McLain advised the Board might wish to add to his proposed letter to the Governor to cover the Medicaid issue. He distributed copies of the letter to the Board (copy was received and filed) and asked for their review and approval.
Commissioner Henley stated the State has a greater number of revenue sources than counties do locally. He said to make up the difference locally, the counties look primarily at taxing the homeowners, but the State has all types of choices to make. This was part of the discussion he had with Representative Johnson on yesterday.
Chairman McLain said he would send the letter with the amendment including the Medicaid/Nursing Home issue and the comments by Commissioner Henley.
Mr. Grace advised another key issue with Medicaid is residency. The State is trying to change this so counties pay some portion of Medicaid regardless of residency.
Commissioner Van Der Weide entered the meeting at this time.
Mr. Lee stated the wireless industry is proposing legislation that will preempt the local zoning authority with regard to cell towers and will allow cell towers to be placed on any property owned by local government.
Chairman McLain said he doesn’t see them supporting that concept at all. He wants to make sure the County’s Legislative Consultant is aware that the Board does not support that bill.
Mr. Lee further advised that Senator Constantine is working very closely with FAC and the League of Cities to get some annexation legislation adopted this year. He discussed the proposal that FAC has been working on with the League of Cities that involves internal and external enclaves and future annexations.
Mr. Grace stated the Florida City/County Managers’ Association has been very involved in drafting some compromise legislation on annexations. At their conference, it was clear that the cities and counties don’t like what’s proposed. During discussion, Mr. Grace said the proposal forces the cities and counties to sit down and look at win-win answers.
Mr. McMillan advised he will be leaving today at noon for a conference in Orlando and Deputy County Attorney Lee will attend this afternoon’s meeting in his absence.
COUNTY MANAGER’S CONSENT AGENDA
Chairman McLain advised staff has a request to continue Item #42 on today’s agenda. Mr. Grace stated the Board could take action on that item this afternoon.
Chairman McLain said Mr. Grace has requested that Item #13, Request to authorize a pilot program in the Water and Sewer Billing Division to accept electronic payments, be continued to February 25, 2003.
Mr. Grace stated there is one issue staff is trying to work out with the Clerk on convenience fees.
Speed Thomas, Facilities Maintenance, addressed the Board to answer questions by Commissioner Maloy regarding Item #7, Approve changes of the scope to CC-1191-02/BJC, County Services Building Parking and Drainage Improvement. He advised that the City of Sanford elected not to go with the Interlocal Agreement for the 60” pipe and staff had to scale back to a 30” pipe which would meet the requirements, but it does not address the issue on First Street, but it gets the water off the County property.
Commissioner Maloy suggested trying to talk to Sanford about sticking to the original plan and have the City pay back later. Discussion ensued.
Mr. Thomas also answered questions by Commissioner Maloy regarding Item #11, Amendment #3 to M-303-02/BJC, County Services Building parking and drainage improvements project. Upon discussion, Mr. Grace said he would speak with the City of Sanford representatives and bring this item back this afternoon.
Chairman McLain pulled from the Agenda Items #7 and #11, with those to come back at the next Board meeting.
Commissioner Henley questioned Item #8, PS-5132-02, Professional Services for Revisions to the Land Development Code, and said in view of the budget situation, he would like to see them hold up on this action until they have a better chance to see what the budget is going to look like next year and make sure the revenue is not going to start disappearing this year because of shortfalls.
Planning & Development Director Don Fisher addressed the Board to state much of the budget being proposed is for pre-approved items in the budget, and a lot of the work tasks are things the Board already directed staff to do. He said this particular vendor group is probably the best in the industry, in his opinion, and they will be working closely with staff.
Chairman McLain said he thinks the major question is the timing--should the Board be spending the money now, based on potential budget shortfalls.
Mr. Grace said this is something that’s been needed for a long time. He feels comfortable that they can move forward and still address the budget needs. He said if the Board feels more comfortable holding off for 60 days to see what’s going to happen, he thinks they can do that, but he feels this is a project they need to move forward. Discussion continued.
Commissioner Morris stated the important thing is that this is the infrastructure of the operation of the government. This is a good program that they need to do and he supports strongly moving forward. He said every year, they go through the “gloom and doom” analysis. That was supposed to happen this year, but they have excess revenues once again because they are so conservative and plan so well. He asked if the Board holds off action till April or May, would that cause any problems, and staff said no.
Commissioner Van Der Weide said he thinks Commissioner Henley has a valid point with what the County Manager is telling them; and also Commissioner Morris has a valid point with the “gloom and doom” that they hear every year. He asked what would be wrong with putting this off until after the legislative session.
Upon inquiry by Commissioner Maloy, Mr. Fisher said the funding would come from a combination of the General Fund and the Development Review Fund.
Chairman McLain said the majority consensus is to bring this item back after the legislative session.
Commissioner Henley asked how many square feet and how many kids are being talked about for Item #16, “Kids House of Seminole, Inc. - New Building Construction.”
Robert Heenan, HUD Grants Manager, addressed the Board to state staff is anticipating this to be a 5,000 square-foot building and would be used for medical and investigative services. The lodging would only be overnight temporarily, if necessary.
Commissioner Morris said the actual addition would be 7,500 square feet, and where the Kid’s House program is operating out of now is a travesty.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize the following:
3. Authorize the Tax Collector to publish the 2002 Tax Delinquent Lists in the Seminole Herald at the rate of $0.70 per square inch for the first insertion and $0.40 per square inch for each subsequent insertion.
4. BCR #03-28 – $340,000 – Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax fund. A traffic safety improvement project at Heathrow Elementary is in the fiscal year 2003 budget but significant right-of-way and eminent domain issues make this project impractical. The School Board has identified Red Bug Elementary as a high priority substitute project. Request a transfer for funds to set up this new project.
5. BCR #03-29 – $75,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer fund. Funds are needed for the design of the water storage tank at the Lake Monroe Water Treatment Plant. The tank has deteriorated quicker than expected. Monies are budgeted in the 03/04 fiscal years for construction but engineering must be done this year to expedite the project.
6. BCR #03-31 – $2,000,000 – Environmental Services– PEI – Fund: 40103 – Water & Sewer fund. To combine a future (FY 04/05) reclaimed water main project along Markham Woods Road (from Timberbrook Drive north to Lake Markham Road) with the currently funded project for Markham Woods Road (from Timberbrook Drive south to Alaqua Drive) into one project. Monies are available in sewer connection reserves.
7. WITHDRAWAL of the request to approve changes of the scope to CC-1191-02/BJC – County Services Building Parking and Drainage Improvement, with Prime Construction Group, Inc., Orlando.
8. PULLED FROM THE AGENDA the request to approve ranking list for PS-5132-02/BJC – Professional Services for Revisions to the Land Development Code, authorize negotiations and award an Agreement to Duncan Associates, Austin, TX (Not-to-Exceed $400,000.00); with staff to bring back after the Legislative Session.
9. Approve ranking list for PS-5135-02/BJC – Continuing Services for Miscellaneous Capacity and Safety Improvements Evaluation Services, authorize staff to negotiate and award a Master Agreement, as shown on page _______, to GMB Engineers & Planners, Orlando (Not-to-Exceed $100,000.00/per year).
29. Approve and authorize Chairman to execute the Traffic Signal Maintenance Agreement, as shown on page _______, between Seminole County and Sun Lake Plaza, Inc. for the maintenance of the traffic signal at SR 434 and Sun Shadow Drive.
30. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission for the 2004 ASA National Championship Event in an amount not to exceed $12,000 for placement of the tournament guarantee.
31. Approve and authorize Chairman to execute the Memorandum of Understanding, as shown on page _______, between the Seminole County Convention and Visitor’s Bureau, Sanford/Seminole Chamber of Commerce, Metro Orlando Economic Development Commission, Sanford Airport Authority, and Orlando Sanford International, Inc.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize the following:
32. Expenditure Approval Lists, as shown on page _______, dated January 21 and 28, 2003; and Payroll Approval List, as shown on page _______, dated January 16, 2003.
33. Chairman to execute the following Satisfactions of Judgment/Application of Indigency Fees, Court Costs, Citations:
Misty Gaines, Case #99-7906-MMA - $396 Application of Indigency Fee, Court Costs, Citations
William Everett Kinnaird, Case #98-7007-MMA - $40 Application of Indigency Fee
Jesus Alexander Santiago, Case #00-3720-CFA - $368 Application of Indigency Fee and Court Costs
34. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:
April Arnold & Accredited Surety & Casualty - $1,038
Debra A. Baum & Bankers Ins. Co. - $2,538
Gregory Rios & Accredited Surety & Casualty - $3,038
Aundrell Byron Shaw & American Bankers Ins. Co. - $411
Marcia Hiromi Takeda & Accredited Surety & Casualty - $538
Robert Jose Torres Maldonado & Lexington National Ins. Co. - $2,538
35. Approval of Official Minutes dated January 14, 2003.
37. Approve Budget Amendment Resolution 2003-R-39, as shown on page _______, $77,772 – Fund: 00100 – General Fund. The Seminole County Sheriff’s Office has been awarded a grant in the amount of $77,772 from the Florida Department of Transportation, for the Seminole County Traffic Enforcement Enhancement Project. This project will provide equipment for enhanced traffic enforcement operations. No new positions are required and no additional cash match is required.
Districts 1, 2, 3, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received and filed”.
1. Amendment, as shown on page _______, to Conditional Utility Agreement for water and sewer service between Seminole County and Suncor of Lake Mary, Ltd. for the project known as Lake Mary Collections Donatos/Chipotle.
2. Conditional Utility Agreement, as shown on page _______, for water and sewer service between Seminole County and Trinity Capital, Inc. for the project known as Trinity Townhomes.
3. Bill of Sale and Warranty Deed, as shown on page _______, accepting water and sewer system within the project known as Lake Forest Ph. 16.
4. Bill of Sale, as shown on page _______, accepting water and sewer system within the project known as Magnolia Plantation Ph. 4B.
5. Board of County Commissioners Liaison Appointments, as shown on page _______, for 2003.
6. Interlocal Agreement, as shown on page _______, with the City of Winter Springs relating to Administration of the City’s Share of Funds under the Cent for Seminole/Local Sales Surtax for the City’s Transportation Improvement Projects, approved by the BCC on 2/12/02.
7. Certificate of Non-Ad Valorem Assessment Roll, as shown on page _______, approved by the Board on 9/11/02.
8. Resolution #2002-R-147, as shown on page _______, relating to Non-Ad Valorem Assessment Roll as adopted by the Board on 9/11/02.
9. Maintenance Bonds, as follows: #014-018-814, as shown on page _______, in the amount of $47,130.16 for the project known as Woodsong; #B21861173, as shown on page _______, in the amount of $30,546.01 for the project known as Lake Forest Section 16; and #6193194, as shown on page _______, in the amount of $35,450 for the project known as Magnolia Plantation Ph. 4B.
10. Performance Bonds #B21861049, as shown on page _______, in the amount of $49,906.20 and #B21861048, as shown on page _______, in the amount of $198,242 for the project known as Orlando Lake Forest Section 18.
11. Developer’s Cash Completion Bond, as shown on page _______, in the amount of $39,029.10 for the project known as Mills Cove Subdivision.
12. Memoranda, as shown on page _______, from Shannon Suffron, Planning & Development, to Sandy McCann, Commission Records, relating to the following bonds that were released on January 14, 2003: Seminole Blvd. Turn Lane in the amount of $13,000; Alaqua Lakes in the amount of $511,511; and Huntington Pointe Phase 4B in the amount of $45,225.
13. Satisfactions of Connection Fees, for the projects known as Chaban Medical Center, as shown on page _______; Treadway Tract, as shown on page _______; and 7-11 NW Oregon PUD, as shown on page _______.
14. Conditional Utility Agreement, as shown on page _______, for water service between Seminole County and Robert & Jean Martin for the project known as K&M Imports.
15. Conditional Utility Agreement, as shown on page _______, for water and sewer service between Seminole County and Regency Centers L.P. for the project known as Willa Springs Shopping Center Addition.
16. Bill of Sale and Warranty Deed, as shown on page _______, accepting water and sewer system and roads within the project known as Bear Gully Forest.
17. Development Order #02-30000136, as shown on page _______, for Michael Criss variance.
18. Change Order #1, as shown on page _______, to FC-1175-02.
19. Twelfth Amendment, as shown on page _______, to RFP-225-95, Willard M., LLC, dba ITS Commercial Security.
20. M-352-03, as shown on page _______, Consultant Service Agreement, Public Resources Management Group, Inc.
21. Work Order #1, as shown on page _______, to PS-5124-02.
22. Work Orders #37 & #38, as shown on page _______, to PS-590-01.
23. M-346-02, as shown on page _______, Installation Services Agreement, Central Florida Underground, Inc.
24. Work Order #13, as shown on page _______, to PS-551-00.
25. D/B-607-01 SR 434 Trail Overpass Project Agreement, as shown on page _______, Jones Brothers Construction, Inc.
26. M-348-02, as shown on page _______, Tree Removal Services Agreement, AAA Tree Services of Central Florida.
27. Work Order #48, as shown on page _______, to FC-1139-00.
28. Work Order #54, as shown on page _______, to PS-543-99.
29. M-349-02, as shown on page _______, Drug Court Administration Services Agreement, Seminole Community Mental Health Center, Inc.
30. Bids as follows: CC-1196-02; CC-1195-02; RFP-4179-02 and CC-1200-02.
Deborah Leigh, Code Enforcement, addressed the Board to present request by Rebecca Fierle, Personal Representative for Estate of James R. Deaton (deceased), to rescind the Code Enforcement lien in the amount of $4,800 on property located at 1932 Kimberwicke Circle, Oviedo. Ms. Leigh stated that based on the facts and extenuating circumstances, staff is recommending that the lien amount of $4,800 be reduced to $376.40.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to approve the staff recommendation, reducing the Code Enforcement lien amount from $4,800 to the estimated administrative costs of $376.40 for processing Case #02-86-CEB; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______, for property located at 1943 Kimberwicke Circle, Oviedo, Rebecca Fierle, Personal Representative for Estate of James R. Deaton.
Districts 1, 2, 3, 4, and 5 voted AYE.
Jamie Croteau, Administrative Services Director, addressed the Board to request approval and authorization for the Chairman to execute Agreement in the amount of $376,035 with regard to RFP-4170-02/BJC, Owner’s Representative Services for the Seminole County Convention Center, with Cumming McGillivray, LLC, Orlando, in order to begin using their services.
Upon inquiry by Chairman McLain, Ms. Croteau advised staff had made changes in the agreement to clarify an item Commissioner Henley brought up. She said on the hold clause, staff changed the wording of the hold clause to read “project” instead of “construction.” They also made the termination and hold over clause with the seven days notice, which staff was advised by the litigation counsel to do.
Commissioner Morris discussed with Mr. McMillan that in no way the cancellation clause could be challenged that it supercedes the hold clause.
Mr. McMillan said the contract provides that the County can terminate whenever they wish to. The “hold” provision in the contract was to make sure the contractor did not have a claim he could put in that now the contract was extended 12 months, he has additional costs and needs more compensation than what he would otherwise get. Mr. McMillan explained that during the period of “hold” there is no compensation paid, but when the contract picks up again, payments begin again. There is no inflationary increase. Discussion ensued by the Board.
Commissioner Henley asked if this is approved, when does staff anticipate the Owner’s Representative going to work and the monthly payments beginning. Ms. Croteau answered that he would begin work immediately to review the A & E contract. Whereupon, Commissioner Henley said one concern brought up in previous meetings was to not spend any more money until the City of Sanford came forth on how they were going to pay for the parking garage. He said he would hate for the County to continue spending money and then all of a sudden Sanford says they can’t come up with the money.
Mr. Grace explained that the County needs the architect and engineers to help staff evaluate the parking issue to give the Board what they have asked for in May, and they need the Owner’s Rep to work with staff on the architect’s contract and on that issue. He said he thinks this contract is necessary, but the scope should be limited.
Commissioner Maloy stated he concurs with Commissioner Henley and thinks this is premature at this point. He thinks there are some major issues the Board has not addressed, such as how they are going to pay for the Convention Center. He also thinks it will take a tax increase in the Tourism budget, and he has not heard when that is going to happen. He believes they should have a way to pay for the Convention Center before they build it. He said he does not have a lot of confidence that the City of Sanford is going to be able to fund the Center, especially if they can’t fund a pipe in front of the County building for drainage. He thinks it’s better to wait until May when the Board is going to look at funding options and what they are going to build.
Upon inquiry by Commissioner Henley, Ray Hooper, Purchasing Director, addressed the Board to state staff negotiated a monthly fee for services.
Commissioner Henley stated the Owner’s Rep might be brought on board to accomplish the task of the parking garage and then put the work on hold. Chairman McLain said that’s the advantage of having the hold clause, so they can start the contract and as they work forward, if they decide to hold the contract while they find information, they can do so.
Commissioner Van Der Weide said he is changing his opinion from a couple weeks’ ago. He thinks they have the wording in the contract that protects the taxpayers. Like the County Manager, he feels they have to move forward and have the people on board to work with the architect. They still have the deadline in May on how they are going to finance this. With the people on board, they will have a lot of expertise and hopefully can help secure some potential funding sources, etc.
Commissioner Henley stated in view of the situation, he is requesting to ask the Tourism Development Office to provide monthly budget updates so the Board will know when their budget is being impacted.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the Owner’s Representative Services Agreement, RFP 4170-02/BJC, and authorize the Chairman to execute the Agreement, as shown on page _______, in the amount of $376,035 with Cumming McGillivray, LLC, Orlando; and authorize to begin using their services.
Under discussion, Commissioner Van Der Weide said the tourism revenue has turned the corner for the better.
Districts 2, 3, and 5 voted AYE.
Commissioners Maloy and Henley voted NAY.
Ms. Croteau requested Board direction as to whether or not to pursue the conversion of overhead facilities to underground facilities at Bush Boulevard and SR 17-92 in front of the new Criminal Justice Center and Public Safety Building. She stated Florida Power & Light has estimated the cost at $103,000. This is a non-budgeted item. The money would come from the Courthouse Contingency.
Commissioner Van Der Weide said he thinks they need to move forward if that’s the best staff can do with the Power Company.
Chairman McLain stated he agrees, but he’s not convinced that is the best the Power Company can do. He said he had some discussions this morning and there seems to be some differences of opinions on the estimated cost of overhead replacement and how that would be netted out of the project. He is not prepared to vote on this at this time and would like to see this item continued. He stated he does support going underground.
Commissioner Morris said the Board needs to do something if they are moving forward with everything else. He asked what are they trying to do with delaying and coming back. He said he understands this was an oversight.
Chairman McLain said he would like to have more details on the estimated cost of the overhead replacement. He reviewed the figures for a subtotal of $103,681.
Ms. Croteau reported that Florida Power & Light is going to provide four other switches for the Public Safety Building (which is retrofitting and not something they would normally do) and the new Criminal Justice Center.
Upon inquiry by Commissioner Morris, Harvey Johnson, Florida Power & Light Company, addressed the Board to answer the cost of a switch is approximately $50,000.
Commissioner Henley stated what concerns him is that there is only $750,000 in contingency and they are talking about taking over $100,000 without starting construction. With almost every project, there are change orders and things of that nature. He said that bothers him considerably. If they have overruns, the only place they would have to go is to the reserves of the General Fund.
Commissioner Morris said another source of funds would be the CRA.
Commissioner Maloy said he doesn’t see that the cost is worth the benefits.
Commissioner Van Der Weide said he thinks the Board has to look at the entire Five Points area for the future. It is County property and is becoming more rare. He said it’s near the College and is going to be a government complex. He thinks what they do today will determine the product they end up with. He said he’s not in favor of going forward with anything for the citizens that they own that would not be up to the standards they expect. He doesn’t think the citizens expect them to go cheap.
Chairman McLain said he would support the underground as long as he can be convinced that this amount is appropriate. He requested Ms. Croteau to meet with him and go over the figures in detail and convince him the County would not be spending more than needed for the underground. Discussion continued.
Chairman McLain directed staff to move forward with the conversion of overhead facilities to underground facilities at Bush Boulevard and US Highway 17-92. Staff is to meet with Chairman McLain and report back at the next meeting.
Matt West, Development Review Manager, addressed the Board to request continuance of Item #41, Hearing Officer’s review and recommendations regarding the appeal for Kirchhoff Outdoor Advertising Sign Permit Application. He said Mr. Kirchhoff is not available at this time, and staff would like to meet with him and brief the District Commissioner before bringing this to the Board.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to continue until February 25, 2003, the Hearing Officer’s review and recommendations regarding the appeal for the Kirchhoff Outdoor Advertising Sign Permit Application.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman McLain recessed the meeting at 11:20 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
COUNTY MANAGER’S CONSENT AGENDA, CONTINUED
County Manager, Kevin Grace, advised staff has talked with the City of Sanford with regard to Items #7 and #11, regarding the County Services Building Parking and Drainage Improvements; and they have agreed to pay the County back after the improvements are put in. He, therefore, recommended canceling both items and keeping the original award of the contract for the 60-inch stormwater pipe. He stated that he will be bringing back to the Board a payback agreement with the City and the BCR for the project at the next BCC meeting.
The Board voiced no objections to the action outlined by Mr. Grace.
PROOFS OF PUBLICATION
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the filing of the Proofs of Publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE & ABANDON,
Continuation of a public hearing to consider a request to vacate and abandon a 300-foot +/- portion of the right-of-way of Sixth Street, a 70-foot unimproved right-of-way that abuts Lots 9, 10, 11 and 12, Block 40 and Lot 4, Block 54 in Chuluota, as described in the proof of publication, Michael & Donna Yates.
Planner Denny Gibbs addressed the Board to advise the applicant has requested a continuance in order to explore some mitigation options.
District Commissioner Maloy stated he has no objections to continuing this item.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue until April 22, 2003, at 1:30 p.m., or as soon thereafter as possible, consideration of a request to vacate and abandon a 300-foot +/- portion of the right-of-way of Sixth Street, a 70-foot unimproved right-of-way that abuts Lots 9, 10, 11 and 12, Block 40 and Lot 4, Block 54 in Chuluota, as described in the proof of publication, Michael & Donna Yates.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE & ABANDON,
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a strip of the southerly portion of the right-of-way of Red Bug Lake Road, comprising approximately 2,900 square feet in area, located west of Dodd Road and north of Lake Howell, Judy Stewart for Centex Homes, received and filed.
Planner, Denny Gibbs, presented the request, advising the purpose of the request is to vacate an area that the six-foot brick Lakehurst Subdivision wall encroaches into. She further advised that the Red Bug Lake Road right-of-way was purchased by the County in 1991 for $1,380 as part of the road improvement. The applicant has agreed to purchase from the County the 2,900 square foot area for the adjusted amount of $1,855. She added that staff has reviewed the request and has determined that the vacate would not create public safety concerns or impact the future location of public facilities.
Judy Stewart, representing Centex Homes, addressed the Board to state they are in agreement with the staff recommendations.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-40, as shown on page _______, vacating and abandoning a strip of the southerly portion of the right-of-way of Red Bug Lake Road, comprising approximately 2,900 square feet in area, located west of Dodd Road and north of Lake Howell, as described in the proof of publication, Judy Stewart/Centex Homes; and to recognize the payment for the transfer of the property.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to R-1A (Single Family Dwelling District), for property located on the south side of Dike Road, west of Tuskawilla Road, Daly Design Group, received and filed.
Planner, Rob Walsh, addressed the Board to present the request, advising staff has determined that R-1AA zoning would be the most compatible with the surrounding area. He stated the P&Z Commission recommended denial of the proposed R-1A zoning, with the understanding that the request may have been recommended for approval if the applicant restricted the house size to 1800 square feet and committed to building a wall around the property. He distributed a copy (received & filed) of an E-mail from Sandra and Harold Pool in opposition to the requested rezoning.
Upon inquiry by Commissioner Maloy, Mr. Walsh advised that right-of-way dedication would probably be required in order to widen Dike Road to a standard three-lane cross section. He added that the goal is to have three lanes down to the school.
Tom Daly, representing Centex Homes (developer), addressed the Board to advise they have met with the area homeowners since the P&Z Commission meeting and believe they have a solution with regard to the buffering and house sizes. He said they will commit to having a 2,000 square foot minimum house size. The home prices are projected to be $200,000 to $300,000. He stated there will be 27 lots and will include all this in deed restrictions or whatever needs to be done to make sure this is accomplished. He also stated that they will commit to constructing an 8-foot PVC fence along the southern property line and that the fence would be constructed within the first two weeks of land clearing. The fence will be white and will be maintained and repaired by the homeowners association.
Commissioner Morris stated he has a concern with this request and with the proposed 8-foot fence. He said he believes the 8-foot fence is incompatible with the surrounding residential area and he would prefer a 6-foot fence. He also stated that with R-1A, there will still be more roof lines than with R-1AAA.
Mr. Fisher advised the Lot Size Compatibility Ordinance does require buffering and fencing and it has been used as a tool to provide compatibility among adjacent developments. He added that staff usually recommends 6½-foot fences in a residential area.
Mark Bartnick, 1736 Willa Circle, addressed the Board to state he is astonished that after the homeowners have worked out an agreement with the developer on the fence, that the Board is questioning what was worked out. He said he would prefer the 8-foot fence because of the elevation and slope of the land.
No one else spoke in support or in opposition.
District Commissioner Maloy stated he would like staff to review the three-laned road all the way down. He said he feels comfortable with what has been discussed and agreed upon.
Motion by Commissioner Maloy, seconded Commissioner Van Der Weide to approve rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling District) on approximately 9.3 acres located on the south side of Dike Road, west of Tuskawilla Road, as described in the proof of publication, Daly Design Group, with the condition that the homes will be 2,000 minimum square feet, and with enforcement of the understanding that there will be an 8-foot fence between residential properties.
Districts 1 and 3 voted AYE.
Commissioners Morris, Henley and McLain voted NAY, whereupon, the motion failed for the lack of a majority vote.
Discussion ensued with regard to the fence, with Mr. Daly advising it was the request of the adjacent property owner to have an 8-foot fence. He further advised that the property does slope toward Dike Road.
Upon inquiry by Commissioner Henley, Mr. Daly stated that none of the residents living in the R-1AAA subdivision contacted him.
Mr. Bartnick reiterated that he is opposed to the 6½-foot fence and would prefer it be 8 feet.
Speaker Comment Form was received and filed.
Mike Oliver, representing the developer, addressed the Board to confirm that Mr. Bartnick’s property drops off his back porch probably 2 feet. He said that he does not believe every lot has the same situation. He, therefore, committed to go with an 8-foot fence where the lots slope.
Mr. Fisher advised the staff can bring back the fence issue with the preliminary plan and address it at that time by being more site specific.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2003-3, as shown on page _______, approving rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling District) on approximately 9.3 acres located on the south side of Dike Road, west of Tuskawilla Road, as described in the proof of publication, Daly Design Group, with the condition that houses will be a minimum of 2,000 square feet and the fence will be up to a height of 8 feet based on the final site plan approval.
Under discussion, Commissioner Morris stated he still has a compatibility problem with this rezoning.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
Proof of publication, as shown on page _______, calling for a public hearing to consider a major revision to a Planned Commercial Development Preliminary Master Plan for Wordwise Corporate Offices, located at the northeast corner of Fox Knoll Place and Howell Branch Road, Alan Keene, received and filed.
Senior Planner, Jeff Hopper, addressed the Board to present the request, advising the revised development plan proposes a 4,000 square foot office building with access from Fox Knoll Place. The existing development approval for a commercial use was done in 1990 and its sole access was from Howell Branch Road. The Development Order required the dedication of right-of-way and prohibited access to Fox Knoll Place. Construction was delayed and complicated by the widening of Howell Branch and the intersection improvements at nearby Dodd Road. The applicant is requesting a reduction in the active/passive buffer requirements adjacent to residential development. The buffer would only be applicable along the east property line, adjacent to an existing home in Bridgewater Subdivision. Along this property line the applicant proposes parking spaces located 15 feet from the east lot line, which would be an encroachment of 10 feet into the required active buffer. The retention may not occupy more than 50% of the required 15-foot buffer; however the plan shows the entire area between the building and the east lot line as a dry retention pond. The applicant is also requesting a waiver to the required 6-foot brick or masonry wall adjacent to the east boundary with Bridgewater. The plan shows landscape buffers adjacent to the public right-of-way to be 6 or 7 feet - the requirement is 10 feet; and it shows parking space dimension at 9’ x 18’ instead of the standard size of 10’ x 20’. The relocation of the entrance to the property is a safety improvement over the original plan and staff believes the use of office is less intense than the original commercial designation. He stated that staff recommends approval of the plan, subject to the following conditions: (1) Use of the property is limited to office uses; (2) A 6-foot brick or masonry wall shall be provided along the east property line; (3) Landscape buffers adjacent to Howell Branch Road and Fox Knoll Place shall include 4 canopy trees per 100 feet; (4) Mechanical units shall be screened from view of adjoining properties; (5) Building shall be constructed with a hip or gable roof; (6) Outdoor lighting shall be at least 50 feet from the east property line, no more than 16 feet in height, and limited to cutoff-shoebox fixtures projecting no more than 9.5 foot-candles at the property lines; (7) Building height shall be limited to a maximum of 25 feet and 1 story; (8) Applicant shall dedicate a joint driveway easement along the north property line - upon development of the neighboring property to the north, the site shall be redesigned and reconfigured to utilize said easement; and (9) Applicant shall provide paved pedestrian paths connecting the building to public sidewalks on Howell Branch Road and Fox Knoll Place.
Attorney Meredith Harper, representing the developer, addressed the Board to advise her clients, Mr. Keen and Mr. Goodwin, have owned the property for about 15 years and had a lot of difficulty selling the property because of the uncertainty of the road widening for Howell Branch Road. She stated after the right-of-way was taken, it reduced the size of the property from .93 acre to .51 acre. She clarified that the building will be single story; however, they are asking for a height of 35 feet for a pitched roof. She stated that they agree with the staff’s recommendations; except that staff is asking for them to allow a joint access with the property to the north. She said that if the property to the north is developed as office, they would be willing to share the driveway. However, they would ask that the property owner to the north pay for the permitting and construction of the driveway. Also, they would prefer to construct a vinyl PVC-type wall instead of the masonry wall requested by staff. Copy of trip generation information from Traffic Planning & Design, Inc. was received and filed.
Commissioner Morris stated that he recognizes that the property was taken for the widening, but also knows that the property owner was duly compensated for it.
Upon inquiry by Commissioner Henley, Attorney Harper advised there will be 21 parking spaces provided.
Matilla Gross, 2833 Fox Knoll Place, addressed the Board to advise she is representing Bridgewater Homeowners Association. She stated the developer has not met with any of the residents in Bridgewater. She said that when she found out about this request, she asked Mr. Hopper to reschedule the hearing for 7:00 p.m. so that the residents who wanted to attend could come to the meeting; but he advised her that could not be done. She submitted for the Record a letter from Richard and Susan Clemons in opposition to the requested revision. She also read into the Record a letter (copy received & filed) signed by residents of Bridgewater in opposition to the access on Fox Knoll Place.
Upon inquiry by Commissioner Henley, Mr. Grace stated that the hearing was probably already advertised for the 1:30 p.m. meeting when Ms. Gross called and asked for rescheduling.
Stephen Osborne, 7801 Fox Knoll Place, addressed the Board to advise he is a State trooper with the Highway Patrol and he is concerned with the access onto Fox Knoll Place. He said this would increase the traffic impact and be a dangerous situation. Discussion ensued with regard to the access and traffic.
Upon inquiry by Chairman McLain, Mr. Hopper advised the proposed development will generate approximately 40 trips per day.
Upon inquiry by Commissioner Morris, Attorney Harper stated they cannot close off the access to Fox Knoll Place because there is not sufficient room to have the main access on Howell Branch Road.
The Chairman submitted into the Record Written Comment Forms from Richard Cleamons and Lisa Fisk.
Mike Viera, Trustee for Joy Payne (adjacent property owner), addressed the Board to state he supports the residents with regard to their opposition to the access on Fox Knoll Place. He said he would also like to see a picture of the vinyl fence they proposed to construct.
Upon inquiry by Mr. Viera, Development Review Manager, Mahmoud Nadja, addressed the Board to advise the inlet on Howell Branch Road will be reviewed at the time of final engineering. He also advised that the Code will not allow the entrance on Howell Branch Road to have both a right-in and right-out because of the short distance to the intersection. Discussion ensued.
Copies of Speaker Comment Forms were received and filed.
No one else spoke in support or in opposition.
District Commissioner Maloy stated that the property is zoned Commercial Neighborhood, which would allow things like an Eckerd’s or Walgreen’s. Therefore, he feels the proposed request is a much better situation. He suggested having the north access point a right-out only in order to have less of a traffic burden at the intersection.
Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the requested major amendment to the PCD Preliminary Master Plan for an office use on a .51 acre site, Wordwise Corporate Offices; located at the northeast corner of Fox Knoll Place and Howell Branch Road, as described in the proof of publication, Alan Keene; and approval of Development Order, as shown on page _______, and including the following conditions: A right-out exit is established on the northern edge of the property; Use of the property is limited to office uses with no subleasing; Construction of a 6-foot vinyl fence with additional trees and landscaping planted on the perimeter; A/C units to be screened from view from the property on the north side away from the residential; Building shall be constructed with a pitched roof and be a design per the architectural drawings submitted so that it is a high quality development; Changing the building height from 25 feet to 35 feet; Developer shall dedicate an adjacent access easement on the north property line and agree to share the 12 feet of the property with the property owner to the north (with the cost of improvements to be borne by the developer to the north); and Traffic Engineering will review the intersection for any recommendations of traffic-calming or safety enhancements.
Under discussion, Commissioner Morris stated that he is concerned with the vinyl fence, because he feels a masonry or brick wall is more compatible. Whereupon, Commissioner Maloy stated he does not have a preference on the fence.
Planning Manager, Matt West, addressed the Board to clarify that the joint driveway will be dedicated prior to the certificate of occupancy.
Commissioner Maloy agreed to include in the motion that the type of fence will be determined at the final site plan review.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board, thereupon, recessed at 3:06 p.m., reconvening at 3:19 p.m., this same date with all Commissioners and Officials present.
Planner, Jeff Hopper, presented request for approval of the Final Master Plan for Wordwise Corporate Offices, located at the northeast corner of Fox Knoll Place and Howell Branch Road, Alan Keene & Larry Godwin. He advised staff finds that based on the previous approval of the major revision of the Preliminary Master Plan, the proposed Final Master Plan is consistent with the Vision 2020 Plan. Therefore, staff recommends approval.
Upon inquiry by District Commissioner Maloy, Mike Viera, Trustee, representing Joy Payne, advised they would prefer a block wall on the north side of the property.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Wordwise Corporate Offices PCD, comprising of approximately 0.51 acre and located at the northeast corner of Howell Branch Road and Fox Knoll Place, Allen Keen and Larry Godwin, with the requirement that the wall on the east side next to the residential will be a block wall to match the texture of the building approved previously.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised the Board recommended appointments to MetroPlan Orlando.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint the following to MetroPlan Orlando (MPO): Polly Miller, Richard Harris, and Chris Dorworth; and to adopt appropriate Resolution #2003-R-45, as shown on page _______, commending Jack Lemmon for this services on same.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to appoint John Lommerse to the Agriculture Advisory Board for a two-year term ending January 1, 2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley distributed a copy of the First Two-Weeks Progress Report and a copy of a letter to Chairman Richard Crotty regarding LYNX from Howard D. Tipton, Sr., and briefly discussed same. Both were received & filed.
Commissioner Henley discussed a letter he received from Dale O’Connor expressing his deep concern over the problems of people using the overpass at E.E. Williamson in order to get to the trail. He said the County has made an effort to deal with the problem by erecting some fencing, but the bridge belongs to FDOT. He stated he will respond to Mr. O’Connor’s letter.
Chairman McLain advised of his appointments to the contractors’ boards.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the following appointments:
Electrical Contractors Board - Bill Allen; Mechanical Contractors Board - Angelia Gordon; Plumbing Examiners Board - Jeffrey Bauer; and Well Drillers Board - Bill Parrish; and to adopt appropriate Resolution #2003-R-44, as shown on page ________, commending Dick Joyce for his past service on the Well Drillers Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Timothy Moriarty to the Agriculture Advisory Committee for a two-year term ending January 2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Maloy briefly discussed e-mails he has received with regard to the City of Oviedo annexation and stated he will distribute copies of the Interlocal Agreement with the City.
Commissioner Maloy advised that the new canoe launch at 419 for access to the Econ River is open.
Commissioner Maloy stated he believes the Board needs to have a policy dealing with scheduling public hearings and when they should be scheduled in the evening versus the afternoon. Discussion ensued.
Commissioner Morris suggested having the District Commission make the decision.
Commissioner Morris advised he will be unable to attend the Seminole County Expressway meeting on February 13, 2003 at Lake Sylvan Park so Commissioner Gary Brender, Vice Chairman, will chair the meeting. The meeting will be held to discuss the Western Beltway.
Commissioner Morris gave a brief update on the MPO and advised he is in receipt of a letter from Harry Barley requesting input with regard to the proposed Regional Transportation Authority merger legislation.
Commissioner Morris requested staff review the non-consensual towing rates and suggested they meet with individuals from the industry regarding same.
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the following District 2 appointments:
PLUMBING EXAMINERS BOARD - Adopt appropriate Resolution #2003-R-46, as shown on page _______, commending Raymond R. Hollaway.
SWIMMING POOL BOARD - Appoint Mike Holt; and adopt appropriate Resolution #2003-R-41, as shown on page _______, commending Terry Futrell.
HISTORICAL COMMISSION - Appoint Bob Hodges; and adopt appropriate Resolution #2003-R-42, as shown on page ________, commending Adam Dionna.
PARKS & RECREATION ADVISORY BOARD - Appoint Bruce McMenemy; and adopt appropriate Resolution #2003-R-43, as shown on page _______, commending Holly Heath.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint Chris Dorworth to the Planning & Zoning Commission to fill the unexpired term vacated by Paul Tremel; and to adopt appropriate Resolution #2003-R-49, as shown on page _______, commending Paul Tremel for his services on same.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain surrendered the gavel to Vice Chairman Maloy in order to answer the telephone.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were “received and filed”:
1. Notice of 1/28/03 Finance Committee meeting of the Seminole County Healthy Start Coalition.
2. Copy of letter dated 1/24/03 to County Manager Grace from Gary L. Brender, CALNO Chairman, re: appointment of Commissioner Robert Dallari as Interim CALNO representative to the Seminole County Tourist Development Council (TDC).
3. Letter dated 1/29/03 to Chairman McLain from Douglas Phillips, Scoutmaster, re: Leigh Yelle, Troop 529, achieving rank of Eagle Scout. (cc: BCC)
4. Notice of 1/27/03 City of Sanford annexation public hearing re: property between Smith Canal Rd./St. Johns Parkway and Central Park Dr./Upsala Rd. at 1185 Upsala Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
5. Facsimile notice of FL Public Service Commission 2/4/03 agenda and investigation into proposed sale of FL Water Services Corp.
6. Letter dated 1/28/03 to Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: appointment of Commissioner Susan Doerner as Casselberry’s elected official representative to the 17-92 RPA. (cc: BCC)
7. Letter dated 1/28/03 to Chairman McLain from Truman G. Scarborough, Jr., Brevard County Commissioner, re: invitation to Seminole County Parks Manager Joe Gasparini to attend meetings of parks directors and school superintendents to include Kennedy Space Center in various programs. (cc: BCC, County Managers, Library & Leisure Services Director)
8. E-mail dated 1/30/03 to BCC re: request for public hearings on UCF Master Plan. (cc: County Managers, Planning & Development Director)
9. Notice from the City of Longwood final plat hearing re: Progress Energy property at 5 E. North Ave. (cc: County Manager, Planning & Development Director, Planning Manager)
10. Letter dated 1/28/03 to Chairman McLain from Ric Keller, U.S. Representative, re: appropriation for SCC of Carl D. Perkins Vocational & Technical Education Act. (cc: BCC, County Managers)
12. Notice of 2/17/03 LPA/P&Z Myrtle St. Special Area Concept Study Ph. II public meeting and hearing.
13. E-mail dated 2/2/03 to BCC from Mike Barr, Seminole Soil & Water Conservation District Bd., re: resignation of Director and loss of County office space.
14. E-mail dated 2/1/03 to BCC from Kristie Smith re: proposed Orange Mall at former K-Mart shopping Center in Casselberry.
15. Notice of 2/5/03 Sanford CRA meeting.
16. Memorandum dated 1/31/03 from Sarah Ritzman, Senior Resource Alliance, re: priorities of participating counties and upcoming meetings. (cc: BCC, County Managers, Community Services, Sheriff’s Office)
17. Letter dated 1/28/03 (with attachments) to Chairman McLain from Daniel Baer, STV Inc., re: Central Florida Light Rail Transit System Project Hattaway Dr. Community Meeting.
18. Facsimile dated 1/31/03 to County Manager Grace from Charles Madden, Madden Engineering, re: positive results of restructuring of the Development Review Committee (DRC), specifically commending Kevin Grace, Don Fisher and Mahmoud Najda. (cc: BCC, Deputy County Managers, Planning & Development Director)
19. Copy of letter dated 1/30/03 (with attachments) to County Manager Grace from Rachel Carnicelli, Sanford Deputy City Clerk, re: adoption of Sanford Ordinance 3767-annexation of property between Smith Canal Rd./St. Johns Parkway and Central Park Dr./Upsala Rd. (cc: Planning & Development Director, Planning Manager, Elections Supervisor)
20. Memorandum dated 2/3/03 to BCC from County Manager Grace re: Capital Project Fund transfer, $20,000, Geneva Expansion architectural services.
21. Memorandum dated 2/3/03 to BCC from County Manager Grace re: Capital Fund Project Fund transfer, $20,500, Black Hammock Wilderness Area fencing.
22. Copy of letter dated 1/28/03 (with attachments) to County Manager Grace from Cynthia Porter, Sanford Deputy City Clerk, re: adoption of Sanford Ordinance 3771-annexation of property between Celery Ave./Daffodil Terr. and Sipes Ave./Brisson Ave. (cc: Planning & Development Director, Planning Manager, Elections Supervisor)
23. E-mail dated 2/4/03 from F.L.O.P. (Friends of Leash-Optional Parks) re: proposed PawPark at Jetta Point in Winter Springs.
24. Letter dated 1/31/03 to Chairman McLain from Diane Pickett Culpepper, Time Warner Cable, re: changes in digital service programming.
25. Facsimile dated 2/3/03 to Chairman McLain from Victor White, Orlando Sanford International Airport, re: press release highlighting increase in airport traffic and continued growth.
26. Notice of 2/20/03 Tri-County League of Cities meeting.
27. Letter dated 1/31/03 to Chairman McLain from Edward Posey, Central Florida Zoological Park, re: appreciation of fourth incremental $300,000 payment by County for the zoo’s site master plan capital campaign.
28. Letter dated 1/29/03 to Chairman from Alistair Helm, Competitive Auckland (New Zealand), re: promotional materials available for economic development opportunities.
29. Memorandum dated 1/30/03 (with attachment) to BCC from Mark Van Bever, Court Administrator, re: revenue check from 18th Judicial Circuit for reimbursement of court-related expenses.
30. Memorandum dated 2/7/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
31. E-mail dated 2/5/03 to BCC from Shannon Conklin, Office of Congressman Tom Feeney, re: appearance on C-SPAN of Congressman Feeney memorializing STS-107 and the fallen crew of the space shuttle Columbia.
32. E-mail dated 2/5/03 to BCC from Shannon Conklin, Office of Congressman Tom Feeney, re: text remarks by Congressman Feeney delivered before the U.S. House of Representatives 2/5/03 on the loss of the crew of Columbia.
33. Letter received 2/3/03 to Chairman McLain from Tim Stuart, Waste Management, re: announcement of customer service program called the Service Machine. (cc: County Manager, Solid Waste Manager, MSBU Coordinator)
34. Memorandum dated 2/4/03 (with attachments) to BCC from Robert McMillan, County Attorney, re: January 2003 Litigation Report.
35. Memorandum dated 2/4/03 (with attachment) to BCC from County Manager Grace re: 2001/02 Annual Report.
36. E-mails and letters to BCC re: opposition to requested land use change for property in the area of Snow Hill Rd./CR 419 in Chuluota from: Mary King; Lt. Col. Michael Monaco; Robert & Kathleen Mellor; Shirley Folse; Ed White; Wayne & Jennifer Van Kesteren; Darla Diab, Southeast Seminole County Voters Association (SSCVA); Bert & Jewel Tieben; Bill Dickson; Jim & Kathleen Yde; Tait Nelson; Estelle & Bernie Hurwitch; Deborah Schafer; Steve Collins, Carol English & Abbie Sieck; Robert Williamson; Stanley E. Stevens; Monica Williamson; Lt. Eddie & Wendy Herrell; Lynne Frankos; Teresa M. Fulton; Carol Wells; Thomas & Lorna Hildebrandt; Stan Stevens; Tom Downs; Shannon, Ed & Teddy Waite; James W. Fulton; Lee Voorhees, Geneva Citizens Association; Bobby & Alison Warren; Phil & Marsha Greathouse; and Jeni Robinson.
37. Facsimile dated 2/10/03 to Chairman McLain from Meredith Harper, Shutts & Bowen, re: WordWise Corporate Office Building.
38. Copies of letters dated 2/6/03 from Ken Roberts, Public Safety Director, re: donations to Animal Services to: Cornelia Dietzel; Chris Haggard; Mary Ann & Anna Laster; Renee Nelson; Margie Dangler, Groomingdale’s of Wekiva; and Debbie Cooke.
County Manager, Kevin Grace, advised of an economic development trip to Vancouver and San Francisco that Economic Development Director, Bill McDermott, and he are requesting to take February 17 - 19, 2003.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize travel for Mr. Grace and Mr. McDermott to go on an economic development trip to Vancouver and San Francisco on February 17 - 19, 2003, in an amount not to exceed $5,000.
Under discussion, Commissioner Van Der Weide stated he believes a Commissioner should also go on the trip. A brief discussion ensued, with Commissioners Morris and McLain stating they have previous engagements and cannot go on the trip.
Commissioner Morris amended the motion to include that the dollar amount will be increased by a proportional amount if a Commissioner is able to take the trip.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
The gavel was returned to Commissioner McLain, who assumed the position of Chairman.
Mr. Grace briefly discussed the new Attorney General’s opinion regarding travel. He advised that in reviewing the County’s Travel Policy with the County Attorney, it is their opinion that the current policy will not have to be revised. He added that the Clerk’s Office has agreed with same.
Mr. Grace advised that Seminole Vision and Leadership Seminole have agreed to merge, and Colonial Properties have offered space for the new organization.
The Board, thereupon, recessed at 3:50 p.m., reconvening at 7:04 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Continuation of a public hearing to consider Small Scale Plan Amendment (Fossitt Business Park) from Suburban Estates and Low Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) and Preliminary PCD site plan on approximately 9.7 acres located at the northeast corner of Orange Blvd. and Missouri Avenue and at the southwest corner of Orange Blvd. and Halsey Avenue, as described in the proof of publication, Harling Locklin & Associates.
Tony Matthews, Planning, addressed the Board to state at the December 10, 2002 meeting, the Board continued this item to January 28, 2003 to allow the applicant time to address the code enforcement concerns brought forth at the public hearing on the abutting property to the east of the property subject to the plan amendment and rezoning request; to conduct a community meeting to address several concerns expressed at the December 10, 2002 hearing by area residents; and to prepare elevation drawings that depict the style and construction of materials for the proposed buildings. He stated code violations were resolved on the abutting property and that site is in compliance. He said a community meeting was held on February 10, 2002 and he submitted copies of photographs (received and filed) of the proposed building designs.
Upon inquiry by Commissioner Henley, Mr. Matthews advised the photographs were provided to the residents at the community meeting.
Upon inquiry by Commissioner Morris, Mr. Matthews advised he believes the applicant has provided samples of different types of building materials and design for the Board to review. He stated staff has revised the proposed development order to include the changes that were made at the December 10 meeting. He said the off-site retention on the north side of Orange Blvd. is not included in the plan amendment and rezoning. What is important is the applicant’s property is 9.7 acres and if the retention pond is included, that would mean the site would be 10 acres and that is a large scale plan amendment. Staff feels that the proposed amendment qualifies as a small scale plan amendment based on the following conditions: (1) The property where the offsite retention is to be located does not require a plan amendment or rezoning to accommodate the proposed retention pond; (2) The County, in the past, has allowed for offsite retention projects that were subject to small scale plan amendments; and (3) During discussions with the Department of Community Affairs (DCA), this does not appear to be a large scale plan amendment. He added staff is recommending approval of the Planned Development land use, PCD zoning and preliminary site plan for the portion of the property on the north side of Orange Blvd. with findings that is included in the development order; and staff recommends denial of Planned Development land use and PCD rezoning on the south side of Orange Blvd., with staff findings.
Hugh Harling, representing the applicant, addressed the Board to submit a booklet (received and filed) consisting of photographs, a sign-in sheet of the 2/10/03 community meeting, landscaping design, site plan, and aerial maps of the site. He stated the applicant has complied with the code enforcement issues. A meeting was held at Wilson Elementary School with the Bookertown and St. Johns River Estates communities and they went over several issues. He stated he has committed to a single story building and to cap the height of the building at 25 ft. He displayed and reviewed photographs of the proposed building. He said he is proposing glass and aluminum fronts on the west and north side of the building. The rear of the building will have roll up doors and that area will be for truck activity, but it is not designed for 18-wheelers. The intent of the design is for plumbing, carpet, electrical and warehouse shops. He stated he has 100% support from the Bookertown community. He said he has committed to the previous landscaping design of installing everything from the back of the sidewalk to the east of the project.
At the request of Commissioner Maloy, Mr. Harling addressed the issue of staff’s recommendation of approval on the north side of Orange Blvd. and denial on the south side of Orange Blvd. and the compatibility concerns.
Upon inquiry by Commissioner Maloy, Mr. Harling advised what he presented to the Board were three rooflines and those will be constructed for approximately the same amount of money. He stated no decision was made at the community meeting as to what the residents preferred.
Kathy Brown, representing St. Johns River Estates, addressed the Board to state after the December 10 meeting, the District Commissioner asked the community to work with the applicant. The next morning they went out to the site and blocked off the bus stop with cones and railroad ties. She said this was on of their biggest concerns. She submitted photographs (received and filed) showing the area that was blocked off. She stated she understands that Mr. Fossitt was not happy with the code violation, but the residents did not want a project that would look like what the applicant already had there. She said the residents’ main concerns were the children being at the bus stop and now Missouri Avenue has been blocked off. The Sheriff’s Office and the School Board have determined that corner of Orange Blvd. and Missouri Avenue is unsafe for a bus stop, therefore, the bus stop has been moved back to the entrance of St. Johns River Estates. The residents would like a setback so that they would be able to turn left onto Orange Blvd. The applicant was supposed to submit an architectural drawing to the homeowners and that was presented to them at the meeting last night. The residents understand that something will happen there, but their concern is the growth in the area. She stated she would ask the Board to grant an extension for six months or indefinitely until staff has had time to conduct a small area study which will include a traffic study of Orange Blvd. The residents were told that the retention pond would be a wet pond and 8 ft. deep. She said she would like to know what the future development is for the other Clayton sites. She added if this project is approved, the community is requesting that there be very stringent requirements regarding the brick wall, setbacks along Missouri Avenue, that the developer install the sidewalk (20 ft.) that was originally requested, and restricting the height of the building. She stated she still feels that this project is premature and the Board needs to look at the area and to have staff to review what has been happening, because Orange Blvd. is a hazard. She stated she knows that something will go there, but she wants it to be conducive with the neighborhood.
Upon inquiry by Commissioner Maloy relative to the architectural aspect, Ms. Brown advised she was surprised with the pictures that were shown last night. She stated the residents were expecting to see an architectural rendering of the building. The applicant did agree with not exceeding the height of the building to 25 ft. She said the residents did ask for a brick wall or something that will not wear over the years. She added the residents are also asking that the wall come down the back of the property as well, along the single family home.
Upon inquiry by Commissioner Morris, Mr. Harling advised he concurs with a 17½ ft. easement with the staggered wall that is shown in Exhibit B of his handout. He stated there is no buffer along the retention pond and they are planning to install a fence around it.
Upon inquiry by Chairman McLain, Mr. Matthews advised Nikki Clayton owns the property on the north side of the road as well as the property to the east.
No one else spoke in support or in opposition.
District Commissioner McLain stated in this particular case, he tends to agree with staff on the northern section. He stated he has some concerns about the retention being offsite.
Mr. Matthews stated in the past, the County has allowed the developer to develop a project and have the retention pond off site. If someone else owns the retention pond, an easement will have to be provided.
Upon inquiry by Chairman McLain, Mr. Matthews advised the Board can direct staff to look at a small area study in more detail as far as what facilities and services may be needed in the area.
Upon further inquiry by Chairman McLain, Mr. Matthews advised since this is a small scale plan amendment, it would have to come back in the future for a final PCD site plan.
Commissioner Morris stated staff might want to consider some of the issues that were considered in the Chuluota area if a small area study is done.
District Commissioner McLain recommended approving the Planned Development land use on the north side of Orange Blvd., but to deny the Planned Development land use and rezoning on the south side of Orange Blvd., with the following: implement the architectural renderings for the landscaping and wall; 17½ ft. setback; the design of the roof to be considered by staff and the community; and to instruct staff to prepare a small area study to properly evaluate these properties. He stated he has visited the site and he has met with the residents and this particular site is not conducive to single family residential. He added he does not want to continue any further rezonings until the small area study is completed and staff has worked with the community.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt Ordinance #2003-4, as shown on page ________, adopting Planned Development land use on the north side of Orange Blvd., with staff findings; adopt Ordinance 2003-5, as shown on page _______, and to deny Planned Development land use and PCD zoning on the south side of Orange Blvd., on approximately 9.7 acres located at the northeast corner of Orange Blvd. and Missouri Avenue and at the southwest corner of Orange Blvd. and Halsey Avenue, as described in the proof of publication, Harling Locklin & Associates, subject to the conditions outlined in the Development Order, as shown on page _________, and the District Commissioner’s recommendations as previously outlined.
Under discussion and upon inquiry by Commissioner Henley, Mr. Harling advised he is familiar with the conditions outlined in the development order and he is in agreement with them.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain stated he received a letter from Mrs. Alma Vogel relative to her concerns with the County’s burning policy. He stated staff has been working with her on this issue.
Alma Vogel, 1750 Markham Woods Road, addressed the Board to state the County does not have control regulations for outside burning in the residential neighborhoods and all she is asking is that they regulate it. She stated she spoke to a representative in Tallahassee and he said that she is protected under the nuisance ordinance. She said she looked up the meaning of nuisance and it means injury or harmful.
Chairman McLain stated Ms. Vogel lives on Markham Woods Road and one of her neighbors has been burning some wood material. He stated staff has evaluated the situation and found that the gentleman is not in violation of the burning ordinance. Ms. Vogel has a medical condition and she feels the smoke is affecting her health. He stated he feels that staff needs to review the nuisance ordinance further.
Chris Johnson, Seminole County EMS/Fire Operations Chief, addressed the Board to state the fire department has sent units to the area quite regularly for the last two weeks. He stated Larry Goss, Division of Forestry, has visited the area as well and he indicated that there are no violations of the Florida Administrative Code. The type of burning her neighbor is doing does not require permits. The neighbor is having cooking fires and pit fires and the pit is covered with mesh screen. The fire department has stopped him from burning on two separate occasions as he was burning green material and they felt that was in violation. The neighbor stopped the burning when asked to do so.
Upon inquiry by Chairman McLain, Mr. Johnson advised the fire department feels that this is a neighborhood dispute and he believes some of the burning is being done because of the complaints.
Ms. Vogel stated this is not a neighborhood dispute and she feels something has to be done about the burning. She stated her neighbor does not have the right to burn every two or three days as the average neighborhood burns about every six months. She said she believes the County has given her neighbor the right to be vindictive toward her. The County cannot let anyone harm anyone else. She begged the Board to help in this matter.
Upon inquiry by Commissioner Henley, Ms. Vogel advised the dust is penetrating into her house.
Commissioner Morris stated Chairman McLain is recommending that staff review the nuisance code to see if it is applicable. He stated he would like to know if the State supersedes the County.
Chairman McLain stated he feels the real answer is for him to speak to the neighbor on this issue. He recommended that Ms. Vogel submit her information to staff and they will contact the individual from Tallahassee.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:00 p.m., this same date.