The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:04 a.m. on Tuesday, February 9, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Pastor Tony Black, Sanford Church of Christ, gave the Invocation.

Commissioner Dick Van Der Weide led the Pledge of Allegiance.

Mark Taylor, Director of Development, The Grove Counseling Center, addressed the Board to state President Larry Visser was unable to be in attendance today.

probably not in the best interest of either party to have conflicting dates.

Chairman Henley said he does think Mr. Rice has a valid point. This is a problem for Mr. Rice and The Grove, but he wanted the Board to be aware of it.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #99-R-21, as shown on page __________, in recognition and support of the Seminole County Fair organized by The Grove Counseling Center, Inc. and Strates Shows, Inc.

Under discussion, Commissioner Morris stated he will vote for the Resolution in support of the fair and he appreciates everything Mr. Visser has done and is trying to do. However, he said the cross marketing brings confusion. He noted there are several art festivals where everybody tries to keep their dates separated. He said if this comes back again in such a manner, he will not support it.

Commissioner Van Der Weide said he thinks it is very important that Duke Adamson of the Towne Center Mall get recognition from The Grove on this.

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

Chris Grasso, Information Technology Director, and Greg Holcomb, addressed the Board. Mr. Holcomb reviewed the request for Board adoption of the Resolution. He advised CALNO had a minor change on page 10 of the Operating Policies, Category A, to read, "Seminole County Board of County Commissioners for Seminole County or elected government boards within Seminole County. . ."

Commissioner Maloy referred to page 8 of the Operating Policies, third item, and said the last sentence seems conflicting with the first sentence in that item. He recommended striking the second sentence entirely.

Chairman Henley said he thinks the intent is that the incumbent will not be able to use the government channel for exposure that will enhance his campaign.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Resolution #99-R-22, as shown on page _______, establishing an interlocal agreement endorsing a unified working relationship between Seminole County Government Television and the Seminole County Television Council; and adoption of the Operating Policies (as amended on page 10 by CALNO and striking the second sentence on page 8), the Operating Procedures and Production Standards for Seminole County Government Television.

Under discussion, Commissioner Van Der Weide asked staff to look into the Juvenile Justice Center as an agency that needs exposure.

Whereupon, Commissioner McLain stated he assumes if one non-profit organization is allowed to provide programs, then all of them will be allowed. Mr. Holcomb said those will be reviewed by the County Attorney.

Commissioner Morris said the Board needs to come back on this issue. He said the second most influential board, other than the BCC, is possibly the Board of Adjustment and then the P & Z, and then the variety of others such as what Commissioner Van Der Weide mentioned. He asked Mr. Kaiser if there is a way he can bring back in a comprehensive way, for the Board to review, what there is for all of the variety of issues.

Mr. Kaiser answered that staff can bring back a list of all of those activities that occur in the chambers. He stated that, currently, there is not the capability for staff to go out and set up a field production, but they can provide a list of what it would take to do that.

Chairman Henley concluded that the Board will have input as to what is going to be shown. He thinks the resolutions is a step in the right direction. The Board needs to support it and allow staff to officially move on the policies.

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

Suzy Goldman, Director of Library Services, addressed the Board to state the purpose today is to update the Board on the status of the Parks Master Plan which has not been updated since 1987. She reported all of the elements have been completed from the 1987 plan, except the expansion of Lake Mills Park.

Julie Adams Scofield, Glatting Jackson, Consultant, addressed the Board to review the three phases of their scope of work. She stated they will look at the locations that the cities have in their service areas and part of the analysis will be to see if the parks are over capacity.

Ms. Goldman advised staff will be back before the Board by April 20, 1999, with a draft study.

Frances Chandler, Planning & Development Director, addressed the Board to state this briefing is in response to the November 10, 1998 BCC request relative to staff preparing some guidelines as they review and prepare cases for the Board’s consideration. She said staff believes each case is unique so it is difficult to prepare an overall policy, but staff did prepare some guidelines to be used as they prepare agenda items for the Board. She reviewed the five minimum guidelines recommended as given in the staff report. She added a sixth guideline for the Board’s consideration is for staff to evaluate the extent to which the reduction of a fine would be used to encourage property redevelopment.

Commissioner Maloy questioned if there are policies for different increments of fines for different violations. Current Planning Manager, John Dwyer, addressed the Board to answer no, there are not standard types of fines for particular violations.

County Attorney, Robert McMillan, addressed the Board to state the BCC would not have the authority to establish those, because under the Statutes, the Code Enforcement Board has the authority to impose the fines. He explained the goal of the Code Enforcement Board has been to obtain compliance.

Commissioner Maloy stated it seems before setting policies as to how to treat cases at the tail end, there should be some policies to treat at the front end. He said he wants to avoid ridiculous fines for minor violations.

Commissioner McLain stated he thinks it is important they move forward with these policies. He agreed with Commissioner Maloy that they need to address the "front end" next. Further discussion ensued.

Commissioner Morris stated he supports the policies.

The unanimous consensus of the Board was for staff to use these five guidelines, and include the sixth one suggested by Ms. Chandler.

Motion by Commissioner Morris, seconded by Commissioner McLain, to appoint Ron Worswick and Alice Miller to the Casselberry Community Redevelopment Agency

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

Mr. McMillan advised he has one item, and in the future his office will have a standing legislative update.

Deputy County Attorney, Lonnie Groot, addressed the Board to state his memorandum (copy received and filed) is regarding a current bill pending in the Legislature on eminent domain. He said this has been made one of the top priorities for the Florida Association of Counties (FAC), and FAC is very interested in endorsing it. Mr. Groot explained what the bill provides. He thinks it has the potential of reducing a lot of litigation and will cause the condemning authorities and businesses to work together before lawsuits are filed. He asked for the Board to consider endorsing the bill so staff can present the information to the Committee when it meets on February 23, 1999. Discussion ensued. Mr. Groot further advised the Board, if they wish, they can take a position on the issue of business damages resulting from median placements on roadways and roadway construction.

The Board’s unanimous consensus was to proceed with the staff recommendation.

Traffic Engineer, Bob Zaitooni, addressed the Board to respond to questions by Commissioner Van Der Weide regarding Item #8, BCR #99/39.

Chairman Henley advised he received communication late yesterday afternoon asking for permission to speak regarding Item #20, final recommendations for the Holliday Avenue Road Humps. He said he advised the party that the item is on the Consent Agenda and is not a public hearing.

Commissioner Morris requested this item be pulled for a separate vote.

Commissioner Maloy stated Item #5, Award RFP-454-98/BJC, is the County’s first project for the disabled with SHIP funding. He expressed gratitude to Chris and Greg Drummond.

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

Commissioner Morris stated this issue, Holliday Avenue Road Humps, has been a long-considered project. He thinks there should be sidewalks in this area, as they are truly dealing with a safety issue because children are on the street. He thinks the recommendations from the Task Force need to be looked at for removing these humps and putting in some type of traffic calming device.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the final recommendations for the Holliday Avenue Road Humps.

Under discussion, Commissioner McLain stated he could support putting in sidewalks and he also believes traffic calming devices are something they need to take into consideration. These devices are what is now seen as very effective throughout many areas. He said he will look to the District Commissioner’s recommendation on the sidewalks, but he would support that.

Chairman Henley stated the County does not have a sidewalk program other than the one with the School Board. He supports sidewalks and think they need to look at a sidewalk here as well as others in the County. He thinks the Board needs to discuss sidewalks at budget time.

Commissioner Van Der Weide stated at least four parties have agreed to pay for the sidewalks 100%. He said now the residents are having a hard time coming to an agreement on where they want to place them. Discussion ensued further on the sidewalks and traffic calming devices.

Commissioner McLain suggested continuing this item. Whereupon, Chairman Henley stated he is not in favor of that because this issue has been continued for five years.

Public Works Director, Jim Marino, addressed the Board to state he did some extensive research and interviews in the community. He said the community is divided and both sides have merit. He explained he learned from his research that between 8 to 10 traffic calming devices are used and speed humps is one of those viable alternatives. He said the speed humps were already at work in this area and he made the recommendation to leave them in. He stated the Task Force recommendation was to maintain some traffic calming devices, and according to the profession, speed humps are viable calming devices. He said chokers are also a viable alternative. His second recommendation was to put in sidewalks, and staff is prepared to put them on the north or south side of the street, whatever the community chooses.

Commissioner Van Der Weide stated the speed humps were in his district when he became Commissioner. He recounted the events that took place after receiving complaints about them. He said the residents never returned the new petition that went out. The residents overwhelmingly wanted the speed humps.

Commissioner Morris asked to have a friendly amendment to discuss the sidewalk issue. Commissioner Van Der Weide responded he thinks this issue is in the "hopper" and he wants to leave it there. If they can work out a few glitches with the neighborhood, they will have the sidewalks paid for by the residents.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

Per request of Commissioner McLain, Chairman Henley left the order of the agenda to hear an announcement from Sanford Mayor Larry Dale.

Mayor Dale addressed the Board to state a letter (copy received and filed) was received from PRA Management and Development Company announcing identification of the Sheraton Hotel for the conference center on the lakefront, and asking to allow the County’s TDC subcommittee to go to Kingsport, Tennessee, and Stone Mountain, Georgia, on the 18^th or 19^th at no expense to the County to view two conference center facilities.

Cindy Coto, Deputy County Manager, addressed the Board to state she was aware two or three weeks ago that a trip was being evaluated.

Mr. McMillan stated he doesn’t think there is a barrier to the TDC members going on the trip. He thinks the County would reimburse individuals for travel expenses and the vendor would reimburse the County, so there would be no ethics issue.

Ms. Coto added the Task Force members are two Tourist Development Council members and Mr. Wert, Director, who are not involved in the decision-making.

The Board had no objections to the Tourist Development Council Committee members making this trip.

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Chairman Henley recessed the meeting at 10:27 a.m. and reconvened at 10:42 a.m.

1. Florida Power Corporation v. Seminole County. Authorization to defend the Circuit Court action by FPC requesting a Court order requiring the County to permit FPC to utilize Chapman Road right-of-way for purposes other than currently used. FPC proposed to use County right-of-way by converting wooden poles about 40 feet high used for distribution of electrical power to concrete poles about 80 feet high to be used for electrical transmission purposes. The County Engineer denied FPC a permit; FPC appealed to the Board. The Board denied FPC’s proposal.

Under discussion of Item #5, Florida Power Corporation v. Seminole County, Commissioner Maloy asked if the road is widened and the power lines are buried at the same time, would that lower the cost.

Mr. Marino stated the actual largest cost comes from the mechanics of being able to cool the transmission lines. The real cost is developing a mechanism internally to cool those lines.

Commissioner Maloy said he thought staff was going to explore the funding; he asked how does burying the lines fit into this.

Mr. Kaiser left the meeting room at this time.

Commissioner Maloy asked if anything was set aside for burying the power lines.

County Engineer, Jerry McCollum, addressed the Board to state there is no funding for burying the lines. He said the project probably could be done for $2 ½ to $3 million if the work was done simultaneously, but the power company is not going to pay for the project. He said staff’s contention is that this is not like Lake Mary Boulevard, because FPC wants to put in an additional service. The FPC’s point is that the Public Service Commission requires them to go the cheapest way and that is down the County right-of-way. Mr. McCollum commented on FPC’s changes to the original permit.

Mr. Kaiser returned to the meeting room at this time.

Mr. McMillan stated staff believes the right-of-way belongs to the public and FPC does not have a right to use it without the County’s permission, and FPC is claiming they have the right to use it whether the County likes it or not. Discussion continued.

Commissioner McLain asked why doesn’t Florida Power Corporation want to use the same right-of-way as Florida Power & Light. Whereupon, Mr. McMillan said he will check on that and see if it can be raised in the litigation. He would think the PSC would want FPC to use the joint right-of-way with FP&L.

Mr. Kaiser left the meeting room at this time.

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

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

1. Work Order #2, as shown on page __________, to PS-517-98, Amherst Subdivision Water Service Replacement.

 

2. Work Order #3, as shown on page __________, to PS-353, Travel Time and Delay Studies.

 

3. Work Order #11, as shown on page __________, to PS-327, Jamestown Park.

 

4. Work Order #12, as shown on page __________, to PS-368-96, Federal Compliance Requirements.

 

5. Memorandums to the Clerk of Court from Judith Bright, Public Risk Management of Florida, filing Intergovernmental Cooperative Agreements, as shown on page __________, for the City of Oviedo, City of Lake Mary, and City of Longwood.

 

6. Memorandum to Sandy McCann, Supervisor, from Tina L. Casey, Office of the County Attorney, submitting documents to the Record, as shown on page __________, for Chapman Road; Chuluota Bypass; CR 427, Phase III; Dodd Road; Tuskawilla Road, Phase IV; Lake Emma Road; CR 46A, Phase III; and CR 427, Phase IV.

 

7. Memorandum from Lonnie Groot, Deputy County Attorney, to Sandy McCann, submitting documents, as shown on page __________, regarding the Seminole County Driskill Purchase.

 

8. Amended Irrevocable Standby Letter of Credit Number 95-16, as shown on page __________, for Excavated Products, Inc. - SR 46 Borrow Pit, in the amount of $270,000.00.

 

9. Seminole County Project Pay-Back Program Agreement, as shown on page __________, with the State Attorney’s Office.

 

10. Physician’s Agreement for Sexual Assault Examinations, as shown on page __________, with Clyde H. Climer, M.D.

 

11. Performance Bond to DB-601-98, as shown on page __________, Elizabethan Construction Services, Inc.

 

12. Letter to Betsy Bunch, Department of Revenue, from Sandy McCann, Deputy Clerk, forwarding a copy of the Notice of Tax Impact of the 1999 Value Adjustment Board.

 

13. Letter to Maryanne Morse, Clerk, from Charles L. Lester, Auditor General, transmitting audit of the Seminole County District School Board for fiscal year ended June 30, 1998.

 

14. Letters from Ginny Markley, Zoning Coordinator, to the following advising of the action of the Board of Adjustment at their meeting of January 25, 1999: Stanley Bloom; Heidi Kirk; David L. Marcus; Lennar Homes; Greg Dickey; David Johns; Kerry Dreggors; H. M. Lerch; Peany Schwahl; Joe Aloi; Melody W. Dickson; Alan J. Bellis; Marc Danforth; Andy Hawkins; Michael J. Grindstaff; Martha M. Carswell; Andrew Trattner; and Lisa Nolet.

 

15. Notice from the Public Service Commission of disposition of Docket No. 950495-WS, Southern States Utilities, Inc.; and notice of hearing for Docket No. 981008-TP, American Communication Services of Jacksonville, Inc. and ACSI Local Switched Services, Inc.; and Docket No. 981052-TP, Telephone Company of Central Florida, Inc.

 

16. Bids as follows: PS-536-99; PS-535-99; FC-159-98; FC-158-98; and RFP-458-98.

Mr. Kaiser returned to the meeting at this time.

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The Board, thereupon, recessed at 10:57 a.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioner Morris entering late) 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.

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The Chairman announced that Commissioner Morris will be arriving late due to a luncheon he attended in Orlando.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-24, as shown on page _________, proclaiming the month of February 1999 as "Prevent a Litter Month" and February 23, 1999 as "Spay Day USA".

Districts 1, 3, 4 and 5 voted AYE.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a Land Development Code Amendment for Outdoor Advertising Sign Regulations (Billboards), received and filed.

Current Planning Manager, John Dwyer, addressed the Board to recap that the draft ordinance reflects the direction of the Board by addressing the ability to bring non-conforming boards located on County roads into compliance by February 1, 2001 and by addressing non-conforming boards located on FAI’s and FAP’s wherever the County may have jurisdiction and per State regulations. He advised that the proposed ordinance addresses the following: Provisions for junior poster boards; reduced setbacks in M-1 zoning, setbacks from residential zoning and land use; landscape waiver provisions, height increase from 30 feet to 40 feet; provision for billboard cut-outs; and elimination of 150 foot separation from any ground/pole sign. He advised that the Planning & Zoning Commission/Land Planning Agency reviewed the draft ordinance, specifically each proposed change, and they made recommendations with regard to each. He outlined, for the Board’s information, each recommendation made by the LPA as listed in Memorandum (copy was received & filed) dated February 8, 1999 from Mr. Dwyer. They are as follows: (1) Provision for junior poster boards – Not Recommended, as it would create additional sign clutter without significant separation; (2) Reduced setbacks for M-1 zoning – Recommended, as they should be the same as those of C-2 and C-3 zoning; (3) Setbacks from residential zoning and land use – Recommended; (4) Landscape Waiver provisions – Recommended; (5) Height increase from 30 feet to 40 feet – Not Recommended; (6) Billboard Cut-outs – Recommended; (7) Deletion of 150 foot separation requirement from a ground or pole sign – Not Recommended, as this would create separation between signs; (8) Completion date of February 1, 2001 for non-conforming signs – Recommended, with strict enforcement; (9) No billboards on the Greenway – Recommended; and (10) Developers Agreements – Recommended, if they reduce the overall number of boards.

Dick Harris, Chairman of the LPA, addressed the Board to distribute copies of his Memorandum (received & filed) dated February 9, 1999. He stated there was a general agreement by the LPA members that some provisions of the draft ordinance are not consistent with the intent of the prior ordinance. Specifically, the addition of junior poster boards; and secondly, the issue of enforcement.

Commissioner Morris entered the meeting at 1:38 p.m.

Mr. Harris further stated that the LPA reviewed each provision of the ordinance and vote on each one as a separate entity. He discussed each vote taken by the LPA as outlined in his memorandum. He said, personally, he believes the billboard industry is a legitimate commercial activity and he has concerns about any regulation with the intent to put a legitimate industry out of business. He, therefore, urged the Board to be careful in how harshly they regulate any constructive commercial enterprise.

Mr. Dwyer advised that staff did not support the deletion of the 150-foot separation from any ground/pole sign. He also advised that staff does not support the inclusion of junior poster boards either.

Upon inquiry by Commissioner McLain, Mr. Dwyer advised staff concurs with all of the LPA recommendations, except for the height restriction. He said staff does not have a problem with increasing the height to 40 feet.

Brian Parker, representing Eller Media Company, addressed the Board to state he does not believe there will be an increase in billboards if the ordinance, as drafted, is adopted. He said that the proposed ordinance will allow the billboard industry to replace and rebuild their inventory. He stated they agreed with staff and the LPA that the junior poster boards should not be included in the ordinance. He added that this will not liberalize the County’s regulations on billboards, as it will still be the strictest in the region.

Jim Weinberg, representing Outdoor Systems, addressed the Board to state there is not much of an opportunity for the increase of billboards both in the draft ordinance and the current ordinance. He added he appreciates being able to be involved with this issue for the past four years and would support the proposed draft ordinance.

Valerie El-Jamil, 1230 MacTavendash Drive, addressed the Board to advise she represents the MacKinley’s Mill Homeowners Association. She stated she attempted several times to obtain a copy of the draft ordinance and never received one. She further stated that they are concerned that the building height is being increased beyond the building heights. She said the County is billing itself as the "green" county and billboards, which are taller than buildings, seem to detract from that image. She also said they are concerned about the junior poster boards because not only do they detract from the green space, but also are a safety hazard. She added that they are pretty much in agreement with the LPA recommendations and would like to see the height reduced to at least the same height as buildings.

Philip Lee, 411 Lake Boulevard, Loch Arbor, addressed the Board to remind them that when the billboard was erected on SR 46 near the Wekiva River, dozens of trees were cut down so that the billboard could dominate the attention of drivers. He said he is against billboards on the Greeneway. He added that he would advocate sign restrictions and enforcement.

Stan Bessmer, 1301 Glastonberry, addressed the Board to speak in opposition to the proposed ordinance. He discussed the "clutter" of billboards located along U.S. 17-92. He said he is against the proposed increase in height.

Violations Inspector, Debbi Leigh, addressed the Board to review the billboards located on U.S. 17-92, which are under the County’s jurisdiction.

G.M. Speirs, 105 Sunset Drive, addressed the Board to state she does not want taller, bigger or more billboards. She said she sees cut-outs as a way to get a bigger billboard. She stated she doesn’t understand the provision that all non-conforming signs must be removed by February 1, 2001. She questioned why they have been allowed to proliferate in the first place.

Commissioner McLain reminded the Board that when the County started discussing this, the billboard industry came to the County to request different things if they got rid of the non-conforming boards. He said the way he understands this proposed ordinance is that the County is giving concessions to the industry and the County is not getting anything in return (no boards are coming down). He added that he is disappointed in the proposed ordinance.

Frank Shelton, 14 Stone Gate North, addressed the Board to advise he is speaking on behalf of the Markham Woods Homeowners Association. He stated they believe billboards are a visual blight and are in opposition to the increase in height. He complained about the number of billboards along I-4 between Lake Mary Boulevard and SR 434, stating some of those signs have lights, which shine into residents’ backyards. He said he believes junior poster boards will do nothing but proliferate billboards all over the County and he is against the reduction of the separation. He further added that he opposes cut-outs.

No one else spoke in support or in opposition. Commissioner Van Der Weide left the meeting at this time.

Chairman Henley announced that this is the first of two public hearings; the second hearing will be held February 23, 1999.

Commissioner Van Der Weide re-entered the meeting at this time.

Commissioner Morris requested staff to bring back some alternative language for consideration at the second public hearing. He requested that the alternative language incorporate the following: (1) Delete the new provisions for junior poster boards; (2) Keep the height the same as it is now under the current ordinance; (3) Strike the cut-out language; (4) Amortize the cut-outs; (5) Delete the 150-foot requirement from ground pole signs; and (6) Strike administrative variances for setbacks.

Commissioner Morris also requested staff to provide documentation relative to the issue of County roads versus Federal-Aided roads.

The Chairman reiterated that the second hearing is scheduled for February 23, 1999 at 7:00 p.m.

Senior Planner, Sylvia Smith, addressed the Board to advise staff is requesting a continuance of consideration of the Preliminary Subdivision Plan for PARC DU LAC located on the south side of East Lake Drive, 1/4 mile west of Tuskawilla Road, Rink Development and Management, Inc.

Commissioner McLain left the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Morris to continue until February 23, 1999 consideration of the PARC DU LAC Preliminary Subdivision Plan, Rink Development and Management, Inc.

Districts 1, 2, 3 and 4 voted AYE.

Chairman Henley distributed a proposed revised agenda format (received & filed) for the Board’s review.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the new BCC agenda format, as distributed.

Commissioner McLain re-entered the meeting at this time.

Commissioner Van Der Weide suggested moving the meeting start time from 9:00 a.m. to 9:30 a.m.

Commissioner Morris agreed to amend the motion to include a meeting start time of 9:30 a.m.

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

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The Chairman gave a brief update on the County Manager recruitment process, advising all three committee members selected by the Board, Phil Penland, Ajit Lolchandani and Owen Wentworth, have agreed to serve. He further advised the staff is negotiating a contract with Slavin Management Consultants and Mr. Slavin is scheduled to be in Seminole County on February 15th. He stated the contract will be less than $25,000, therefore, no RFP or Board action is required. He asked Commissioners to be available, if at all possible, on the 15^th so that they may meet with Mr. Slavin individually. Copy of update was received and filed.

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Chairman Henley advised of Brevard County Resolution (copy was received & filed) requesting the Legislature to require more equitable distribution for District VII for Alcohol, Drug and Mental Health (ADM) funding.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the Chairman to send a Letter, as shown on page ______, in support of the Brevard County Resolution asking the Florida Legislature to require a more equitable distribution formula for District VII.

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

Motion by Commissioner Morris, seconded by Commissioner McLain to appoint Jane Dees to the Library Advisory Board.

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

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Commissioner Morris distributed packets of information (copy received & filed) with regard to bicycle use in the County. He advised that Mr. Archerman, a bicycle enthusiast, is requesting the formation of a Bicycle Advisory Board.

The Chairman requested staff to review this information and come back as a Briefing item with appropriate recommendations.

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Commissioner Morris advised of Export Marketing Mission to Spain (Madrid, Barcelona and Pamplona) February 20 through March 3, 1999. Copy of Executive Summary regarding same was received and filed. He further advised that MOIAC is sponsoring the Central Florida region export-marketing mission.

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Commissioner Van Der Weide requested staff explore what the County may or may not want to do after 2001 when the 1 Cent Sales Tax expires. He said he believes the Board needs to go to the public with a specific list. He further said that if the sales tax is extended, a referendum would have to be held in 2000.

Commissioner Morris stated the Board also needs to start thinking about the Natural Lands Tax and whether or not that should be extended for trail building and/or maintenance.

Chairman Henley stated he believes the Board needs to refine this a little more before this is turned over to the staff.

Commissioner Maloy stated that at this point he would not want to move forward to explore these options. He said he feels there has been a lot of growth in the budget over the past couple of years, and believes the Board can find revenue within the budget without extending these taxes.

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Commissioner Henley requested the County Manager to schedule a Briefing for an air quality update.

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Commissioner Van Der Weide stated he would like to have staff study the timing of impact fees for single family homes with how other communities deal with this, and to come back with a report on the amount of those fees. He suggested this come back to the Board in a brief report.

Commissioner Morris stated he would support moving the payment of impact fees to C.O.’s. He suggested staff run this by the Development Advisory Board.

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Chairman Henley advised he is in receipt of a letter from the Chairman of the School Board, Larry Furlong, requesting a joint meeting on school impact fees. He suggested that an agenda be worked out, if the BCC is willing to hold a joint meeting.

The Board, by unanimous consensus, directed staff to schedule a joint meeting with the School Board and to set an agenda for same.

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Commissioner McLain stated since the new Governor is working on a program that will give the taxpayers a one-time tax relief, he would like staff to look at that program to see what the County can do for their taxpayers. He reminded the Board of the success of the economic development tax base and said he would like to see the citizens of the County receive not only relief from the State, but also from the County.

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Commissioner McLain advised the Board of the Central Florida Zoo’s problem with potable water. He said this problem could close down the Zoo. He, therefore, encouraged Commissioners to meet with Zoo officials in order to determine if there is a way for the County to participate in their solution to the problem.

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Commissioner Morris questioned the status of the Courthouse/City Hall project.

DCM, Cindy Coto, addressed the Board to advise both the City of Sanford and the County are in the process of obtaining appraisals on City Hall. She explained that once those appraisals are received, there will be another session with the City to bring those back to the BCC for review.

Commissioner Morris commented that it seems to be taking a long time for those appraisals to come back to the Board. Whereupon, Ms. Coto advised she believes that it has been difficult to find comparables.

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Motion by Commissioner Maloy, seconded by Commissioner McLain to appoint Louis Joachim to the Historical Commission for a two-year term expiring January 1, 2001; and to adopt appropriate Resolution #99-R-25, as shown on page ________, commending Karl Williams for his services on the Commission.

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

Commissioner Henley distributed highlights from the MetroPlan Board meeting and an update on the light rail. A copy was received and filed.

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Commissioner McLain reported on the CALNO meeting, advising topics discussed were the SGTV procedures; domestic travel at the Orlando Sanford Airport; and the City of Lake Mary’s concerns with regard to multi-family development along the Wekiva River.

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Commissioner Maloy briefly reported on the Wastewater Transmission Authority Meeting, advising the sewer lines along the alignment/widening project of Aloma Avenue and transmission fees were discussed.

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

1. Memorandum dated 2/1/99 (with attached) to BCC from Commissioner Maloy re: Report on Lynx trip to visit San Diego Trolley.

 

2. Copy of memorandum dated 2/1/99 to Donna McIntosh, City Attorney-City of Casselberry from Lonnie Groot, Deputy Co. Attorney re: Election Protest, Retention of Legal Counsel. (cc: BCC, Supervisor of Elections)

 

3. Agenda (with attachments) for 2/2/99 Sanford Airport Authority meeting.

 

4. Memorandum dated 2/1/99 (with attached memorandum dated 1/25/99 to Co Manager from Janice Keifer, Support Services Manager & Lorraine Hajeski, Support Services Supervisor transmitting 1^st quarter report) to BCC from Gary Kaiser, Co. Manager re: Copy reduction efforts.

 

5. Memorandum dated 2/1/99 (with attached memorandum dated 12/15/98 to John Jones from Ann Colby, Assistant Co. Attorney re: Co. designation of "Geneva" as the "Village of Geneva") to BCC from John Jones, Senior Planner-EDC re: Geneva’s of the World Association. (cc: Co. Manager, Deputy Co. Manager, Director of Library & Leisure Services, Director of Public Works, Director of Planning & Dev.)

 

6. Copy of memorandum dated 1/29/99 to Gary Kaiser, Co Manager from Commissioner Maloy re: Marquette Shores Borrow Pit. (cc: BCC, Deputy Co. Manager, Planning & Dev. Director)

 

7. Memorandum dated 1/29/99 to BCC from Lonnie Groot, Deputy Co. Attorney re: Adult entertainment litigation legal counsel. (cc: Co. Manager, Deputy Co. Manager, Planning & Dev. Director)

 

8. Letter dated 1/26/99 to Chairman from Bruce Pronovost, Mayor-City of Casselberry re: Improvements to intersection of Red Bug Lake Road, Winter Park Drive & SR 436. (cc: Members of City Commission, BCC, Jack Schluckebier-Casselberry City Manager, Co. Manager, Planning & Dev. Director, Public Works Director, Comp. Planning Manager, Engineering)

 

9. Letter dated 1/28/99 to Chairman from John C. Hitt, President-UCF re: Affirmation of agreement with Seminole County. (cc: Dr. Carl Blackwell-BOR, Jerry Martin-BOR, William Merck, II-UCF, BCC, Co. Manager, Deputy Co. Manager, Environmental Services, Fiscal Services)

 

10. Copy of letter dated 1/29/99 to David Cardwell, Esquire-Holland & Knight from Lonnie Groot, Deputy Co. Attorney re: Election protest, Decency Ordinance referendum, Casselberry City election seat. (cc: Supervisor of Elections, BCC, Donna McIntosh-Casselberry City Attorney)

 

11. Agenda for 2/22/99 Board of Adjustment meeting.

 

12. Agenda for 2/1/99 City of Oviedo Council Meeting.

 

13. Corrected copy of letter dated 1/27/99 to Honorable Mary Jane Arrington, Chairman-Metroplan from Lonnie Groot, Deputy Co. Attorney re: Invitation for Metroplan to appear before BCC. (cc: BCC, Co. Manager, Deputy Co. Manager, County Engineer, Steve Bechtel-Metroplan Orlando attorney)

 

14. Copy of letter dated 1/27/99 to Honorable J. Dudley Bates-Altamonte Springs from Lonnie Groot, Deputy Co. Attorney re: Invitation to address BCC. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Engineer, Skip Fowler-Altamonte Springs Attorney)

 

15. Letter dated 1/22/99 to Chairman from Mrs. Cleo Kaprocki re: Road paving plan. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works Director)

 

16. Copy of letter dated 1/11/99 to Irving Reedy from Christopher White, Chief of Operations-Office of the State Attorney re: Traffic Control devices/speed bumps. (cc: BCC, Co. Manager, Deputy Co. Manager, Traffic Engineering, Co. Attorney)

 

17. Copy of memorandum dated 1/26/99 to Ray Eubanks, Planning Manager Plan Review & Processing Team from Jennifer Domerchie, Planner-ECFRPC re: Proposed Comp Plan Amendment ORC Review. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Dev. Director)

 

18. Copy of letter dated 1/22/99 (with attached Final Recommendations) to Honorable David Mealor, Mayor, City of Lake Mary, from Sandra Glenn, Executive Director-ECFRPC re: New Century Park DRI. (cc: John Litton-City of Lake Mary, John Omana-City of Lake Mary, Mark Gerke-Lake Mary Associates, Dick Davis-Davis & Associates, Duke Woodson-Foley & Lardner, Chairman-Sem Co., James Stansbury-Dept. of Community Affairs, Larry Whaley-Chairman ECFRPC, BCC, Co. Manager, Deputy Co. Manager, Comp. Planning, Dev. Review)

 

19. Memorandum dated 1/26/99 (with attached report) to BCC from Lonnie Groot, Deputy Co. Attorney re: The Brechner Report. (cc: Co. Manager, Deputy Co. Manager)

 

20. Letter dated 1/27/99 to Harry Barley, Executive-Metroplan from Chairman re: reappointment of Polly Miller, Richard Harris & Jack Lemmon to Orlando Urban Area Transportation Study Citizens Advisory Committee. (cc: Polly Miller, Richard Harris, Jack Lemmon)

 

21. Letter dated 1/19/99 (with attached notices) to Chairman from Elaine Laycock-Public Involvement Specialist II re: Public Input for I-4 PD&E Study. (cc: Harold Webb-FDOT, Mark Callahan-CH2mHill, Michael Snare, URS Greiner, BCC, Engineering)

 

22. Agenda for upcoming 2/4/99 Water Supply Planning Working Group meeting-St. Johns River Water Management District.

 

23. Minutes of 1/20/99 Seminole Soil & Water Conservation District meeting.

 

24. Letter dated 1/23/99 to Chairman from Ted & Judy Blaha re: Paving roads in Seminole County. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works)

 

25. Letter dated 1/21/99 (with attached reports) to Chairman from Dr. Jane Polkowski, Director, Seminole Co. Health Dept. re: Activities and expenditures for FY 97/98. (cc: BCC, Co. Manager, Director Community Services)

 

26. Letter dated 1/26/99 to William Merck, II, Vice President-UCF, from Chairman re: Confirmation of BCC action on 1/26/99 (cc: Tom Cloud-Gray Harris & Robinson, Zack Fuller-Hartman & Associates, Dr. Joyce Clampett-UCF, Richard Paradise-UCF)

 

27. E-mail dated 1/26/99 to BCC from pamperedchef re: No urbanization of Chuluota. (cc: Co. Manager, Deputy Co. Manager, Comp. Planning, Current Planning)

 

28. Letter dated 1/25/99 to BCC, State of Fla. Dept of Community Affairs, Thomas Beck, Brenda Winninghan, James Stansberry, Charles Gauthier & Shaw Stiller from Jay Zembower re: Opposition to land use change in Chuluota area. (cc: Co. Manager, Deputy Co. Manager, Comp. Planning, Current Planning)

 

29. Postcard to BCC from Charles Smoyer re: Support of Wekiva River Protection Act. (cc: Co. Manager, Deputy Co. Manager, Comp. Planning)

 

30. E-mail dated 1/25/99 to BCC from Kathleen Mellor re: Chuluota Small Area Study. (cc: Co. Manager, Deputy Co. Manager, Comp. Planning)

 

31. E-mail dated 1/25/99 to BCC from Helen Clarke re: Keeping Billboard Ordinance strong. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

32. E-mail dated 1/25/99 to BCC from Sandra Perkins re: Opposition to Chuluota rezoning. (cc: Co. Manager, Deputy Co. Manager, Comp. Planning)

 

33. E-mail dated 1/26/99 to BCC from John Endicott re: Controlling growth in Seminole County. (cc: Co. Manager, Deputy Co. Manger, Comp. Planning, Current Planning)

 

34. Letter dated 1/16/99 to Chairman from Bob & Karen Witmer re: Chuluota Small Area Study. (cc: Brenda Winningham, Dept. of Community Affairs, Shaw Stiller, Dept Community Affairs, Co. Manager, Deputy Co. Manager, Comp. Planning)

 

35. Facsimile of memorandum dated 1/26/99 (with attached letter dated 1/20/99 to Robert Rozen from Meredith Harper re: settlement agreement) to BCC from James Magee re: Robert Thollander Rezoning.

 

36. Letter dated 1/26/99 to BCC from Cecilia Height, Econ River Co-issue Chair, Sierra Club re: Opposition to expansion of utilities in rural area.

 

37. Memorandum dated 1/26/99 to Sandra Goard, Supervisor of Elections from Chairman re: Canvassing Board of 2/9/99 Special Election. (cc: BCC)

 

38. Facsimile received 1/25/99 to Chairman from James & Catherine Hutton re: Chuluota Small Area Study. (cc: BCC, Co. Manager, Deputy Co. Manager, Comp. Planning)

 

39. Facsimile received 1/25/99 to BCC from Susan Kairys-Courech re: Urban sprawl. (cc: BCC, Co. Manager, Deputy Co. Manager, Comp. Planning)

County Manager, Gary Kaiser, briefly discussed his trip to Wicklow, Ireland to attend the opening of Arklow By-Pass. He displayed a Waterford Crystal Vase, which was given to the Board by the Wicklow County officials. He said the opening of the by-pass was a big celebration and he would like to see Seminole County celebrate their public accomplishments like that. He added that he would like to see a big celebration for the opening of the I-4/46A Interchange when it is finished.

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Mr. Kaiser advised of a request received from Doug Elam, Chairman of Seminole CountyWatch (copy of letter was received & filed) for information on the process that the County uses for outsourcing projects to the private sector.

Commissioner Maloy left the meeting at this time.

Mr. Kaiser stated he sees this request as a significant commitment of staff time.

Discussion ensued with regard to the Program Review Committee (PRC).

Ms. Coto advised that the PRC had wanted to look into the privatization issue in order to develop guidelines. However, they did not get very far, and the committee went into abeyance until a task is given to them by the Board.

Commissioner Maloy re-entered the meeting at this time.

Commissioner Maloy stated believes the PRC should be reconvened in order to look into this. Whereupon, Commissioner McLain concurred.

Commissioner Van Der Weide stated he is a strong believer in the PRC and feels a first step for the Seminole CountyWatch is a presentation before the PRC.

Commissioner Henley suggested the County Manager communicate with Mr. Elam that the County will cooperate, but the time line he has requested is unrealistic.

Commissioner Morris stated that any citizen has a right to ask for public information; however, this request is not just public information. It goes beyond that. He said he would concur with sending this project to the PRC.

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The meeting recessed at 4:05 p.m., reconvening at 7:03 p.m., with all Commissioners and all other Officials, with Commissioner Morris being late and with Commissioner Maloy being absent, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Heathrow DRI – Notice of Proposed Change; property generally bounded by Markham Woods Road to the west, Lake Mary Blvd. to the south, International Parkway to the east and Markham Road to the north, Heathrow Land Company, received and filed.

Chairman Henley advised that this item will be continued.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to continue to February 23, 1999 at 7:00 p.m. or as soon thereafter as possible, the Heathrow DRI – Notice of Proposed Change; property generally bounded by Markham Woods Road to the west, Lake Mary Blvd. to the south, International Parkway to the east and Markham Road to the north, as described in the proof of publication, Heathrow Land Company.

Districts 3, 4 and 5 voted AYE.

Continuation of a public hearing to consider the Lake Mary Center DRI – Notice of Proposed Change; property located in close proximity to the southeast corner of Lake Emma Road and Lake Mary Blvd., as described in the proof of publication, Miranda Fitzgerald representing Equity One (Lake Mary), Inc.

Matthew West, Principal Planner, addressed the Board to advise this item was continued from the January 12, 1999 meeting in order to verify whether a replacement letter of credit (LOC) was acceptable. He stated he has a revised LOC and Nations Bank is now the owner of said LOC. He added the applicant is requesting to extend the buildout date to December 31, 2001, amend the date that the project will be subject to down zoning, and to clean up some of the miscellaneous amendments and language in the Development Order. He said there is about 70,000 square feet left to build as most of the development has already been constructed. The Florida Department of Transportation, the State and Regional Planning Counsel and staff have no objections to the request.

At the request of Commissioner McLain, Mr. West reviewed the remaining square footage to be constructed.

Miranda Fitzgerald, representing the applicant, addressed the Board to advise she will be glad to answer any questions.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Lake Mary Center DRI – Notice of Proposed Change; property located in close proximity to the southeast corner of Lake Emma Road and Lake Mary Blvd., as described in the proof of publication, Miranda Fitzgerald representing Equity One (Lake Mary), Inc., and Development Order, as shown on page ________.

Under discussion, Commissioner McLain recognized City of Lake Mary Commissioner Green.

Commissioner Morris entered the meeting at this time.

Commissioner McLain stated he will withdraw his motion if District Commissioner Morris has any comments.

Commissioner Morris stated he supports the motion to approve.

Districts 2, 3, 4 and 5 voted AYE.

Chairman Henley announced that Commissioner Maloy is serving as a member of the Canvassing Board for today’s election.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:10 p.m., this same date.

ATTEST______________________Clerk______________________Chairman

cc/slw/er