BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

MARCH 12, 2002

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, March 12, 2002, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)(Late)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     Commissioner Henley gave the Invocation.

 

     Commissioner Van Der Weide led the Pledge of Allegiance.

 

AWARDS AND PRESENTATIONS

 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-16, as shown on page _______, proclaiming the month of March as “American Red Cross Month”.

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

    Sherry Parramore, Director of the Service Center, addressed the Board to accept the resolution on behalf of the American Red Cross.  She thanked the Board for their continued support.

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     Motion by Commissioner Henley, seconded by Commissioner Van


Der Weide, to adopt appropriate Resolution #2002-R-27, as shown on page _______, proclaiming the month of March as “Purchasing Month.”

     Commissioner Morris entered the meeting at this time.

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

     Ray Hooper, Purchasing Contracts Manager, along with other Purchasing employees, addressed the Board to accept the Resolution.  Mr. Hooper expressed thanks to the Board for designating this month as “Purchasing Month.”  He advised his office will host a Vendors Fair on March 27, 2002, to assist vendors in how to do business with Seminole County.

PRESENTATION/SEMINOLE COUNTY YOUTH COMMISSION

     Wayne Weinberg addressed the Board to express thanks for the Board’s endorsement and support of the Seminole County Youth Commission.  He gave special thanks to Commissioner Henley for guiding them through the process of a youth commission.  Mr. Weinberg introduced Dr. Tim Giannoni, Chairman of the Board.

     Dr. Tim Giannoni addressed the Board to give an overview of the Youth Commission, where they came from, where they are going, and what their focus is.  He distributed copies of the presentation information (copy received and filed) to the Board.  He advised their mission is to strengthen the quality of life for youth in Seminole County.  He reviewed the current projects, covering the Web Page Development, Survey Project, and Newsletter.

     Commissioner Henley stated Dr. Giannoni and Mr. Weinberg are providing excellent leadership, the potential is tremendous, and he appreciates their efforts.  He said the Board is always bombarded, especially at budget time, with requests for funding.  He thinks this Youth Commission is going to provide valuable information and feedback on services to the Board.

     Commissioner Morris stated he thinks this program is excellent.  The Board has made a dramatic effort to emphasize youth services.  He discussed with Dr. Giannoni who the client is, and said he may want to emphasize youth more on the web page in terms of them being able to access information.

     Upon inquiry by Commissioner Morris, Dr. Giannoni stated they are attempting to target 12 to 18-year olds. 

     Commissioner Morris asked Mr. Weinberg to readdress the Board.  He stated Mr. Weinberg was appointed recently as Corporate Chairman for a Boy Scouts function coming up this week.  Mr. Weinberg explained the Boy Scouts Eagle Dinner is to raise money for scouting that would stay in Seminole County.  He said the annual dinner this year is at Timacuan and starts at 6:00 p.m.

     Chairman McLain advised he would be in Tallahassee later this week; otherwise, he would attend the dinner.

County Attorney’s consent agenda

 

     County Attorney, Robert McMillan, advised that Item #6, Binding Written Offers/Offers of Judgment, has been revised to include seven additional parcels.  Copies of the revised agenda (copy received and filed) were distributed.

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

Litigation

 4.  Oviedo and Seminole County v. Winter Springs - Authorize waiver of the requirement of the Interlocal Agreement on Mediation and Intergovernmental Coordination for an Elected Officials Settlement Conference.

Property Acquisition

 5.  Darrell Leidigh & Bettye Leidigh/Mohawk Canoe property - Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 137/737/837 of the County Road 427, Phase III road improvement project, located on the east side of County Road 427 Longwood, in the amount of $29,455.00, inclusive of land, improvements, severance damages, business damages, interest and all attorney’s fees or costs.  Property will be conveyed by Special Warranty Deed and Temporary Construction Easement, as shown on page _______.

 6.  Authorize Binding Written Offers/Offers of Judgment on the following Wymore Road road improvement project parcels: Parcel Numbers 121, 121A/721A/821A, 122/722, 123, 124, 125/725A/725B; 126, 127, 128, 129/729/829A/829B, 130/730A/730B/830A/830B; 131/731A/731B/831A/831B; and 133/733A/733B/833. 

 7.  Authorize Binding Written Offers/Offers of Judgment on the following Lake Emma Road road improvement project parcels: Parcel Numbers 132 and 133.

 

     Chairman McLain advised he has received a memorandum from Jim Lowe, Black Hammock Association, expressing appreciation of the Board’s action on Item #4.

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

County Attorney’s Briefing
 
Legislative Update

 

     Deputy County Attorney Stephen Lee and DCM Sally Sherman addressed the Board to present the Legislative Update.  Mr. Lee stated the Medicaid cost shifting has been the subject of a lot of activity recently.  He discussed the recent actions and said late last week the bill was temporarily passed in the House, but it is not clear yet what is going on.  He reported on his trip to Tallahassee where he advised each member of the House of the County’s position on the Medicaid cost shifts.  He said all the County Representatives voted against the amendment that would have deleted the cost shifts.  He said the Board, in talking with some of the Representatives, might want to make it known to them they are aware of how they voted on the issue.  Mr. Lee discussed the copy of the email received regarding billboards.  He said last year, language was added to a transportation bill that would have required compensation for billboards and addressed amortization and acquiring property with a billboard on it.  The Board expressed opposition to this and wrote a letter to the Governor, and he did, in fact, veto the bill.  However, that language has now been added to a House Bill this year.  Mr. Lee said it is probably going to pass.  He asked if the Board wishes staff to advise the Senators of their opposition to the language and urge them not to amend any bill that includes the language.

     Commissioner Morris stated the Senate rules are more liberal than the House rules in terms of what they are capable of doing with respect to amendments.  He anticipates they will probably see the Senate have such a bill later in the session.  He discussed that the issue is not the billboards, but it is amortization, which goes to home rule. 

     Commissioner Van Der Weide stated he doesn’t see any reason for the Board to change their minds.  He also thinks this is a home rule issue.  He can’t say he disagrees with the industry looking for compensation, but the fact is that the State is involved and this is really an issue of home rule.  The Board sent a letter of protest the last time, and he doesn’t see any reason not to do at least the same this time.

     Commissioner Maloy said he objects.  He said he appreciates the aspect of the home rule, but to him property rights have a bigger role.  He said this industry is asking to be compensated for the removal of their private property.  He is not opposed to the principles they’re asking for.

     Commissioner Morris said he doesn’t disagree with Commissioner Maloy on the compensation factor, but the problem with last year’s bill was that it went far beyond just compensation.  He said the home rule aspect becomes dangerous when the State starts stepping in because that means the State is then setting local standards. 

     Commissioner Henley stated he definitely thinks the Board needs to protest what is going on, because it is not only a question of home rule; but the amortization process was found constitutional as a way of compensation, and the other way would be a tremendous impact on the taxpayers to try to correct past mistakes. 

     Chairman McLain advised Mr. Grace there is a consensus of the Board to move forward with a letter and give special emphasis on the home rule aspect of the billboard bill. 

     DCM Sherman advised that since February, the staff’s efforts have not ceased from working with the legislators.  They are continuously sending them letters regarding the Commission’s position.  This week Chairman McLain and DCM Frank will be attending a meeting in Tallahassee sponsored by the Seminole/Lake Mary Chamber of Commerce, and they will continue to wage the County’s position on these legislative items.

     Commissioner Maloy stated the Board might want to monitor and take a stand on legislation regarding expanding card rooms and gambling at pari-mutuel facilities.  He said if this is moving forward, he thinks the Board needs to know about it. 

     Chairman McLain asked staff to make note of that.

     Upon inquiry by Commissioner Van Der Weide, Mr. McMillan stated the Board did an amendment to the Charter that prohibited any gambling so there is some level of protection.

     Commissioner Van Der Weide added he thinks home rule should be followed as much as possible on the billboards and gaming industry.  He explained his concern with an industry that has enough money to spend on a lobbyist and is successful in getting legislation passed to protect that industry. 

     Upon inquiry by Commissioner Morris, Mr. Lee advised a letter was sent from the Board to the Legislative Delegation in opposition to the proposed tax reform bill.  Mr. Grace stated a copy of that letter would be provided to Commissioner Morris.

Commissioner Morris stated this might be the time for the Board to let Senators Constantine, Dyer, and Cowin know they stand behind them for taking the stand on the tax reform bill.  Chairman McLain agreed.

COUNTY MANAGER’S CONSENT AGENDA

 

     Commissioner Henley discussed Item #24, Award RFP-4142-01/JVP, Transport Capable Units (Ambulances) to Medtec Ambulance of Goshon, IN ($1,117.999.98).  He said he is concerned that there was only one company that could meet the specs and there were only two bids.  He said with the budget situation as it is, the projects they must deal with, and realizing how much they struggled last year to give a decent raise to the firefighters, it might be time to take a look at the specs. 

     Fire Chief Terry Schenk addressed the Board to state two of the units are a carryover from last year, and he asked the Board not to delay taking action.  He said they now have units that are 11 years old.  He explained that they cross train on the units to serve on the fire and medical sides to get the most for their money.  They are really sold on the concept of having a pump and tank and that is what increases the cost.  

     Upon inquiry by Commissioner Morris, Mr. Ray Hooper, Purchasing Contracts Manager, addressed the Board to state money is returned from the units declared surplus. 

     Mr. Schenk explained that there are less expensive units but they must be replaced in three to five years, whereas the units being used now are being replaced in an 11-year period.  Discussion continued with Commissioner Henley.

     Commissioner Morris left the meeting at this time.

     Commissioner Maloy said he thinks the mission has changed and the Board should look at a mixture of ambulances.  He suggested that some of the money saved on the costs for ambulances could be used for first aid units for code enforcement.  He stated he is not opposed to the Board looking at this to see what the options are.

     Commissioner Van Der Weide stated he is interested to know what the other agencies in Central Florida are utilizing and how Seminole County compares.  If the Board is going to make these kind of decisions, he would like to have more background comparisons and more information.

     Chairman McLain advised the Board would postpone taking action on this item until the next meeting to get more information from staff; therefore, Item #24 was pulled from the agenda.

     Commissioner Henley suggested Mr. Hooper contact Volusia County and the City of Apopka, and get data on what has happened to the units declared surplus by Seminole County.

     Commissioner Morris reentered the meeting at this time.

     Upon inquiry by Commissioner Maloy, Colleen Rotella, Planning, advised the deadline was extended for the Florida Communities Trust grants (Item #29).

     Ms. Rotella further advised Commissioner Maloy that Item #13, BCR #02-55 for $599,820, is a transfer of funds for Hiley’s Fish Camp.

     Commissioner Maloy inquired about correspondence he received regarding the Hutchinson property.  Mr. Grace stated those issues were if the County would build an overlook and if the trail was being redesigned. 

Discussion ensued by Commissioner Morris on the responses to the Markham Woods Homeowners Association on the trail and overlook.  Mr. Grace said he would pull together the information on exactly what the Board did and provide that to each Commissioner.

     Commissioner Morris stated he’s concerned about the follow-up and that this authorization does not cover it.

     Ms. Rotella advised the overlook is covered in the Trails program under the Public Works Department. 

Chairman McLain explained that Item #13 is regarding the master plan for the Hutchinson and Hiley properties.

Commissioner Morris said he doesn’t believe the issue on access that the Markham Woods homeowners wanted has been addressed.  Whereupon, Chairman McLain asked Mr. Grace to brief the Board on this.

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

     ENVIRONMENTAL SERVICES

     Solid Waste

8.  Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to Solid Waste Franchise Agreement, Seminole County, Florida Residential Collection Service between Seminole County and Sure Sanitation, Inc.; and approve and authorize Chairman to execute the First Amendment, as shown on page _______, to Solid Waste Franchise Agreement, Seminole County, Florida Residential Collection Service between Seminole County and Disposall Inc. of Orlando.

Water & Sewer

 9.  Approve and authorize Chairman to execute Sixth Renewal Agreement, as shown on page _______, with the St. Johns River Water Management District for participation in the abandoned artesian well-plugging program.

 

Fiscal Services

Administration

10.  Approve and authorize Chairman to execute Florida Department of Transportation’s Highway Safety Grant application documents, as shown on page _______, which will allow Seminole County’s Traffic Engineering Unit to compete for grant funds totaling $10,000.00. 

Budget

11.  BCR #02-48 – $7,010 – Public Safety – Animal Services – Funds: 00100 – General Fund/60304 – Animal Services Donation Fund.  Capital designation is requested to facilitate purchase and installation of animal shelter management software. Software purchase, installation and conversion/customization costs total $21,345. Funding is available utilizing savings from cab/chassis purchase, which came in under budget, and refurbishing rather than replacing an animal transport unit since previous style was no longer available. Also use of undesignated capital in the Animal Services Donation Fund.

12.  BCR #02-51 – $1,600 – Environmental Services – Solid Waste – Fund: 40201 – Solid Waste Fund.  Accounting adjustment only. Furniture was budgeted as an operating expenditure. Furniture configuration results in joined pieces exceeding capital threshold. Request transfer of budgeted funds to appropriate capital account line.

13.  BCR #02-55 – $599,820 – Planning & Development – Administration – Fund: 31100 – Environmental Lands fund.  Capital redesignation only. This action transfers funds from the Natural Lands Program into the appropriate account line and CIP numbers for the construction phase of these projects.

14.  Budget Amendment Resolution #2002-R-29, as shown on page _______, $75,000 – Planning & Development: 10102 – Mass Transit Fund. Funding for mass transit or park and ride facilities pursuant to a Mass Transit and Ride Share agreement with MSH of Heathrow. Funds are to be used solely for mass transit or park and ride facilities within Heathrow, or within two miles of the Heathrow DRI. This request establishes the appropriate revenue and expenditure budgets.

Purchasing

15.  Accept and authorize the Chairman to execute Certificate of Completion, as shown on page _______, for FC-187-99/BJC – Reservoir Lake Outfall Canal Relocation - Airport Blvd. Phase III, with Masci Corporation, Harbor Oaks.

16.  Accept and authorize the Chairman to execute Certificate of Completion, as shown on page _______, for FC-1122-00/BJC, Dike Road Force Main and Greenwood Lakes/Country Club Water Main Interconnect, with Masci Construction, Harbor Oaks.

17.  Accept and authorize the Chairman to execute Certificate of Completion, as shown on page _______, for FC-1133-00/BJC, Old Lockwood Road Phase II with Southland Construction, Apopka.

18.  Accept and authorize the Chairman to execute Certificate of Completion, as shown on page _______, for FC-1154-01/BJC, Renovation, Seminole County Building Department and Planning and Zoning Department with Elizabethan Construction Services, Inc., Longwood.

19.  Approve ranking list for PS-5109-01/BJC – Professional Engineering Services for Preliminary Engineering and Final Design Services for Lake Emma Road (from Lake Mary Boulevard to Sand Pond Road), authorize staff to negotiate and award a Master Agreement, as shown on page _______, to Metric Engineering, Inc., Winter Park (Not-to-Exceed $500,000.00).

20.  Award RFP-4140-01/BJC, as shown on page _______, Courier Services for Library and Leisure Services Department, to Coastal Carrier, Inc., Winter Park (Not-to-Exceed $40,380.00 for the initial year and $85,670.21 for years 2 and 3).

21.  Approve Amendment #1, as shown on page _______, to RFP-498-00/BJC - Right-of-Way Acquisition Services for County Road 46-A, Phase III, with P.A.R.A.R.A. Services, Inc., Deland (Time Extension and revised Scope of Services).

22.  Approve Amendment #1, as shown on page _______, to RFP-4101-00/BJC - Right-of-Way Acquisition Services for Lake Emma Road, with P.A.R.A.R.A. Services, Inc., Deland (Change to Scope of Services).

23.  Award RFP-4143-01/GG, as shown on page _______, Records Retention Services, to Iron Mountain Information Management, Inc., Tampa (Not-to-Exceed $90,000.00 per year) ($450,000.00 for five (5) years).

25.  Approve Second Renewal of A/B-385/JVP, Street, Driveway, Sidewalk, Curb & Gutter Repair; to Central Florida Environmental, Longwood (Primary Contractor) and P.L.A.N. Estimating Services Inc., Palm Coast (Secondary Contractor) ($237,825.00).

Library & Leisure Services

Library Services

26.  Approve and authorize Library & Leisure Services Director to sign Federal Library Services and Technology Act Grant Application.

Parks & Recreation

27.  Approve and authorize the Parks & Recreation Manager to sign the Florida Recreation Development Assistance program (FRDAP) Grant Application for Wekiva Park. 

28.  Approve and authorize the Parks & Recreation Manager to sign the Florida Recreation Development Assistance Program (FRDAP) Grant Application for Overlook Park.

 

Planning & Development

Community Resources

29.  Approve and authorize Chairman to execute Conceptual Approval and Confidentiality Agreements, as shown on page _______, with the Florida Communities Trust for matching grants to acquire the Clifton Springs and Pineloch properties.

30.  Approve and authorize an Amendment, as shown on page _______, to the 2000-2001 One-Year Action Plan of the County’s Consolidated Plan to add a relocation activity for former tenants on Southwest Road in Sanford. 

Development Review

31.  Adopt Resolution #2002-R-31, as shown on page _______, to vacate and abandon 2.5 feet of a 15-foot utility easement located on the west side of Lot 54, Cobblestone, at 1640 Thornhill Circle, Oviedo, Timothy A. Walsh. 

32.  Adopt Resolution #2002-R-32, as shown on page _______, to vacate and abandon an 8’ x 12’ portion of a 14-foot utility easement located on the west side of Lot 8, The Meadows Unit No. 1, at 163 Post and Rail Road, Longwood, Linda D. Schoonover. 

33.  Approve Final Plat for Northampton Subdivision located on the west side of Lake Emma Road, approximately 1 mile north of Longwood-Hills Road and approximately 1 mile south of Lake Mary Boulevard (Jeff Dodson, Single Family Developers, LLC, Applicant).  

Planning

34.  Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, in the amount of $8,850, for Code Enforcement Board Case #00-11-CEB (1159 1st Drive Sanford, Precious B. J. Haun, owner).

 

Public Works

Road Operations

35.  Approve and authorize release of the following:  (1)  Road Maintenance Bond (Reliance Insurance Co.) #B2887092 ($21,736) for the Parc Du Lac project; (2) Road Maintenance Bond (Reliance Insurance Co.) #B2887057 ($33,325.80) for the Citrus Oaks Project; and (3) Private Road Maintenance Bond (Sun Trust) #831107-1029 ($131,000) for the Oakmonte (L&L Acres) project.

 

Tourism Development

36.  Approve and authorize Chairman to execute the Got Milk? 3x3 Soccer Shootout Regional Championship Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission in the amount of $15,000.

 

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

 

Clerks Consent Agenda

 

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

 1.  Expenditure Approval Lists, as shown on page _______, dated February 19 and 26, 2002; and Payroll Approval List, as shown on page _______, dated February 14, 2002.

 

 2.  Chairman to execute Satisfactions of Judgment for Application ($40 each) of Indigency Fees for the following:

 

Marvin Keith Evans, Jr., #00-3708-CFA

Frank Donald DeGeorge, #01-978-CFA

Edward Earl Knight, #99-247-CFA

Leslie Shannon Stone, #99-4550-CFA

Leslie Shannon Stone, #99-4547-CFA

Leslie Shannon Stone, #99-4548-CFA

Leslie Shannon Stone, #99-4549-CFA

Nicholas Jon Otteson, #01-2475-CFA

Seneca Lindgard, #01-783-CFA

Billy Gilchrist, Jr., #01-657-CFB

Jonathan Matthew Myatt, #01-1300-CFA

Adam Bradford Linch, #01-2033-CFA

Lonnie Terrell Raines, #99-3804-CFA

Elias Vazquez, #01-2539-CFC

Richard Brownin Pedigree, #00-1821-CFA

Greg Anderson Megow, #00-1256-CFA

Ira Lee Bradley, #01-739-CFA

3.   Chairman to execute Satisfaction of Judgment for Court Cost for John Kennedy Scott, #00-1046-CFA - $328.

 

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

 

David Scott Enck and Accredited Surety & Casualty, #01-7544-MMA - $538

Jeremy Kunkle and American Surety Company, #01-1356-CFA - $2,038

 

5.   Approval of BCC Official Minutes dated February 12, 2002.

 

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

 

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

 1.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates for HIBC Development Company.

 

 2.  Notice, as shown on page _______, of Satisfaction of Connection Fees relating to Conditional Utility Agreements for Aloma Woods Phase V-CFG Real Estate Group, Inc.

 

 3.  Amended Letter of Credit #P100445, as shown on page _______, for McNeil II, Inc. in the amount of $13,405.

 

 4.  Verification Certificate, as shown on page _______, for Bond #6023807 in the amount of $518,883.64 for Chase Townhomes Phase I.

 

 5.  Verification Certificate, as shown on page _______, for Bond #6023808 in the amount of $257,835.38 for Chase Townhomes Phase II.

 

 6.  Seventh Amendment, as shown on page _______, to Agreement, PS-505-97, with Harding Lawson Associates.

 

 7.  Warranty Deed, as shown on page _______, dated December 26, 2001 for Lake Emma Road - Ann Takvorian.

 

 8.  Title Policy #FA-35-692207, as shown on page _______, dated September 26, 2001, for Bunnel Road.

 

 9.  Special Warranty Deeds, as shown on page _______, dated November 9, 2001, for CR 46A, Phase II, between Harold G. Hartsock (Estate of Viola H. Kastner) and Seminole County.

 

10.  Title Policies #FA-35-692205, as shown on page _______, dated November 19, 2001; #FA-35-692208, as shown on page _______, dated November 9, 2001; and #FA-35-692206, as shown on page _______, dated December 27, 2001, for Wymore Road; and Warranty Deed, as shown on page _______, dated November 19, 2001, between Duke Wayne Alexander, Jean Jones Alexander and Seminole County for Wymore Road.

 

11.  Change Order #2, as shown on page _______, to FC-1151-01, Cathcart Contracting Co.

 

12.  Title Opinion, as shown on page _______, for Ridge Pointe Cove Subdivision.

 

13.  Warranty Deed, as shown on page _______, for Highway 46A, Phase III, between Freeman E. Baggett, Rita Daniels Baggett and Seminole County.

 

14.  Temporary Construction Easement, as shown on page _______, for Highway 46A, Phase III, between Albert and Evelyn H. Antar and Seminole County.

 

15.  First Amendment, as shown on page _______, to Work Order #1 to PS-586-01 with SCS Engineers.

 

16.  Consultant Services Agreement M-302-02, as shown on page _______, with Facilities Management Consulting, Inc.

 

17.  Consultant Services Agreement M-303-02, as shown on page _______, with Bowyer-Singleton and Associates, Inc.

 

18.  Change Order #2, as shown on page _______, to FC-1133-00 with Southland Construction, Inc.

 

19.  Work Orders #8 and #9, as shown on page _______, to PS-590-01 with Metric Engineering, Inc. and Inwood Consulting Engineers.

 

20.  Special Olympics Florida, Inc. Agreement, as shown on page _______, approved by the BCC on October 9, 2001.

21.  Sixteenth Amendment, as shown on page _______, to Custodial Services Agreement, RFP-413-97, with A1A Cleaning Services, Inc.

 

22.  Work Order #2, as shown on page _______, to PS-569-00 with Metric Engineering, Inc.

 

23.  Work Orders #26 and #27, as shown on page _______, to PS-556-00 with DCR Engineering Services, Inc.

 

24.  Change Order #2, as shown on page _______, to FC-1160-00 with Westbrook Services Corp.

 

25.  Audit for FY October 2000 to September 2001 for the Seminole County Bar Association Legal Aid Society, Inc.

 

26.  The Salvation Army Family Focus Program Agreement, as shown on page _______, as approved by the BCC on October 9, 2001.

 

27.  Resolution 2001-R-139, as shown on page _______, regarding implementation of the Wekiva Global Compliance Agreement as approved by the BCC on August 14, 2001.

 

28.  Bids as follows:  RFP-4138-01; RFP-4139-01; RFP-4135-01; PS-5107-01; IFB-278-02; and RFP-4144-02.

 

Sheriff’s CONSENT AGENDA

 

     Sheriff Eslinger addressed the Board in support of Item #44, HVAC Replacement Project at the John E. Polk Correctional Facility, to state this is a necessary item for the well being of the facility.

     Upon inquiry by Chairman McLain, Cindy Hall, Fiscal Services Director, addressed the Board to advise how the replacement project would be funded.  She said the project would take place over two years, and about $1 million of the project is funded in the two-year budget.  Based on the cash flow, staff must arrange for about $1.2 million in funding.  She explained staff will come back to the Board with a plan for funding the project. 

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

43.  Authorize expenditure in the amount of $14,000 from the Law Enforcement Trust Fund to provide funds for an alcohol and drug free celebration for Seminole County High Schools on graduation night.

44.  Authorize the Sheriff’s Office to finalize the proposed HVAC improvement (replacement) project at the John E. Polk Correctional Facility with Florida Power and Light and arrange project financing not to exceed five years.

 

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

 
Regular Agenda

 

     DCM Sally Sherman stated staff is seeking direction for the proposed Conference/Convention Center within the City of Sanford.  She reviewed the history, the proposed project schedule, conceptual project funding options, and the draft Interlocal Agreement with the City of Sanford (all received and filed). 

     Chairman McLain advised that last night the Sanford City Commission unanimously approved the initial Interlocal Agreement.  He clarified with Ms. Sherman that before the Board involve themselves and spend the staff time and money pursuing this, the initial Agreement with the City of Sanford states the City will provide the land for the site at no cost to the County; they would assume full ownership of the facilities; and they would assume any shortfall in operating costs, so the County would not be involved in any operating costs for the facility.  Once the Board agrees with the City in the formal Interlocal Agreement, the plan is for the County staff to move forward with developing an interlocal agreement to deal with size and the other issues.  Ms. Sherman added there is a provision in the interlocal agreement that if the two entities are unable to reach agreement, they both have the option to opt out.

     Tony VanDerworp, Sanford City Manager, addressed the Board to thank them for bringing this issue back up and keeping the project moving.  He said the City views the Interlocal they approved last evening as a means for them to move forward.  They would like to have a hotel with this project, and that will allow them to go out and solicit hoteliers with the agreement with the County as backup. 

     Chairman McLain advised Mr. VanDerworp that the timeline is very aggressive and they might not be able to keep it.  He doesn’t want him to feel the schedule in something set in stone. 

     Commissioner Morris asked where did ownership by the City come in; he thought this was an operational facility, but not one of ownership by the City.  Whereupon, Ms. Sherman clarified that is correct.  She said the aspect of operation has not been defined yet.  Chairman McLain stated he understood that some Commission members did not want the County to own it, and he thought that might be something added to the interlocal agreement in the future. 

     Commissioner Morris discussed the schedule with Ms. Sherman.  He said he has some concerns that the City had some concerns with the interlocal on what they were approving as to the control of design.  He questioned when did the Board approve ZHA as the owner’s representative. 

     Mr. Grace advised the County has a master contract and a work order with ZHA to serve as the County’s owner’s representative, but the Board does not have to do that.

     Commissioner Morris suggested a work session to sit and talk with the staff and look at the size and scale, and then they would know where they are going with the agreement with the City.  He said the Board never discussed either Option 1 or 2 proposed.

     Chairman McLain stated he would like to see the Board memorialize the agreement with Sanford and lock them into the stipulations proposed.  Whereupon, Commissioner Morris stated he is asking for a work session in April to discuss what they are talking about, as it is still conceptually vague.  He said he would like to know what they are building and the source of revenues, because the funding under Options 1 and 2 have not been totally discussed by the Board. 

     Mr. Grace stated staff was trying today to start discussion with the Board on the timeline and the options.  It was not the intent to ask the Board to approve Option 1 or 2, but get some direction/ideas from them so staff can react to that.  He said staff can hold a work session as Commissioner Morris requested.

     Commissioner Van Der Weide stated he thinks there is a commitment from the Board to move on with the project, and he doesn’t see that in jeopardy. 

Chairman McLain stated he has no problem with holding a work session or developing the draft Interlocal Agreement with details they want, but he is very concerned about them continuing to work on this and move forward without some type of agreement with Sanford.  He explained that the County has nothing that guarantees the commitments from the City of Sanford.  Discussion continued with the Board. 

Commissioner Henley stated he agrees with Commissioner Morris.  He is not at the stage of wanting to buy into all of this until they sit and have a discussion.  He said he had a briefing with Mr. Grace, but he has not had the benefit of input from the other Commissioners on this.  That’s where the work session has value.  He was thinking they would have a work session on what this project is going to be able to do. 

     Chairman McLain stated he wants to know if the Board is committed to moving forward with the project or not.  If so, then he wants to get the commitment from Sanford, so the Board can be comfortable that what they are moving forward on is on solid ground. 

     Commissioner Morris reiterated his position.  He said the Board cannot make these kinds of decisions without having a serious discussion in the work session process. 

     Upon inquiry by Chairman McLain, Mr. Grace said he doesn’t believe the agreement ties the Board to the proposed schedule.  Ms. Sherman confirmed that. 

     After further discussion, Commissioner Morris stated he would not be voting today in favor of the draft agreement, and he would really like to hold the work session. 

     Whereupon, Chairman McLain stated since the consensus is not to vote today, they will drop this discussion now and staff will get back with the Board on a work session to satisfy Commissioner Morris’ concerns.

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Meloney Lung, Support Services Manager, addressed the Board to request direction on the disposition of the Florida Power & Light Building.  She reviewed the two options identified in the staff report.  She advised the Board that on January 28, 2002, the Orlando-Sanford Airport Authority closed on the property the County was considering for leasing.  She stated the Florida Airport allows for a base lease at the maximum of 30 years, so the lease term proposed has been changed to 30 years with two 10-year renewals.  The lease amount would still be $1 a year.

Chairman McLain questioned if it is also an option to tear down the building and they can assess the situation at that time.  Ms. Lung stated that is also an option.  Whereupon, Chairman McLain said he thinks that is the most appropriate action.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to direct staff to demolish the Florida Power & Light Building with the Board to assess the situation after that is done.

Under discussion, Ms. Lung advised Commissioner Maloy that the estimated in-house cost would be $28,000 for demolition and removal of debris. 

Chairman McLain said the Board could reassess their position after tearing down the building.

Commissioner Maloy asked Ms. Lung to show the cost value to the County on both options when this item comes back before the Board.

     Under discussion of waving of the tipping fees, Mr. Grace stated the Bond Counsel said the fees could be waived with the understanding that this is a unique circumstance.  Otherwise, the Board would have problems with the bond covenants if this is done on a regular basis.

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

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Chairman McLain recessed the meeting at 11:01 a.m. and reconvened at 11:15 a.m.

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Kent Cichon, Planning & Development, addressed the Board to request approval and authorization for the Chairman to execute the Casselberry Community Redevelopment Agency Resolution granting a change in the term of the Agency from fifteen (15) years to twenty (20) years; and a change in the membership of the Agency from five (5) members to seven (7) members, three (3) of which to be nominated by the County.  Mr. Cichon recognized representatives in attendance from the City of Casselberry--Mayor Pronovost, City Manager Jack Schluckebier, and Richard Wells, Director of the Community Development Department.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Casselberry Community Redevelopment Agency Resolution #2002-R-33, as shown on page _______, granting a change in the term of the Agency from fifteen (15) years to twenty (20) years; and a change in the membership of the Agency from five (5) members to seven (7) members, three (3) of which to be nominated by the County.

Under discussion, Commissioner Morris said he thinks it would be good at some time in the future to have formal presentations by the Casselberry and Sanford CRA’s.

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

Chairman McLain announced that the presentation by the City of Casselberry will be moved up to be heard after Item #48 on the morning’s agenda.

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Jerry McCollum, County Engineer, addressed the Board to request approval and authorization for the Chairman to execute the Contract for Sale and Purchase Agreement between Stanley D. Kupiszewski, Jr., and Seminole County and the Contract for Sale and Purchase Agreement between Northland Community Church, Inc., and Seminole County for the purchase of property in conjunction with the Lake Drive Project. 

Deputy County Attorney Steve Lee distributed copies of the revised Contracts for Sale and Purchase Agreements (received and filed) for Stanley D. Kupiszewski, Jr. and the Northland Community Church, Inc.

Commissioner Morris thanked the representatives from the Church and Mr. Kupiszewski for their efforts.  He said there was a lot more to the problems associated with working out an agreement with these two large property owners.  He thinks they now have a comprehensive agreement that should not lead to any problems in the future. 

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Contract for Sale and Purchase Agreement, as shown on page _______, between Stanley D. Kupiszewski, Jr., and Seminole County and the Contract for Sale and Purchase Agreement, as shown on page _______, between Northland Community Church, Inc., and Seminole County for the purchase of property in conjunction with the Lake Drive Project.

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

Mr. McMillan asked the Board if, by this action, they are saying staff can now go forward with acquisitions for the Lake Drive Project.

Motion by Commissioner Morris, seconded by Commissioner Henley, to rescind the previous action of the Board to hold on the acquisition of property for the Lake Drive Project.

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

COUNTY MANAGER’S BRIEFING

     Mr. Grace advised there has been a request to continue Item #55, Appeal of request by Cingular Wireless/Crown Castle International, on tonight’s agenda.  He explained that due to a death in the family, the representative for Crown Castle would not be able to attend the meeting, and he has requested a continuance to April 23.

     Commissioner Maloy stated he had relayed back to the company that he was not opposed to the continuance.

PRESENTATION/CITY OF CASSELBERRY

     Mayor Bruce Pronovost, City of Casselberry, addressed the Board to state he thanks the County Commissioners for the support of the CRA they gave today and for the support they have given the City over the last several years.  He discussed the Community Redevelopment Agency and their prime focus on the 17-92 Corridor.  He discussed the redevelopment area around City Hall with efforts on land banking; redevelopment of commercial and residential projects; and redevelopment of the Dog Track property.  He reported a study of the service areas of fire/rescue stations show a significant overlap in the coverage areas.  It was determined they could improve the City fire/rescue services by changing the configuration of the two stations. 

Mayor Pronovost discussed that the Federal Court recently affirmed their existing zoning scheme for adult entertainment establishments.  He expressed thanks to the Sheriff and law enforcement team for enforcement of their codes.  He also discussed the electric utility franchise within the City.  He further discussed the one-cent sales tax and said the Board should be congratulated for the way they handled that last year.  He said they will continue to work with the County and the State to improve the intersections at Highway 17-92 and SR 436 and at Red Bug Lake Road, SR 436 and Winter Park Drive.  He also said the City will also continue to work with the County to help ensure adequate funding for the Lynx ADA transit services. 

     Chairman McLain expressed appreciation for Mayor Pronovost’s presentation.  He said the County has always had a great relationship with the City and he sees that continuing in the future.

     Commissioner Morris expressed thanks again to Chairman McLain for inviting the City representatives, and he thanked Mayor Pronovost for the cooperation with Casselberry.  He discussed the County’s RFP on transit shelters and asked if Casselberry would consider joining the County on the RFP. 

     Chairman McLain suggested forwarding a copy of the RFP to Mayor Pronovost for the City’s review.  Mayor Pronovost stated they would be interested in exploring those options. 

     Commissioner Maloy stated he mentioned this at CALNO last week and he sent each City Manager a copy of the RFP.  He explained the Cities could opt in.

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     Chairman McLain recessed the meeting at 11:35 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. 

PROOFS OF PUBLICATION

 

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

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

 

 

 

 

CONSIDERATION OF BOA APPEAL,

HINDU SOCIETY OF CENTRAL FLA./DEV SHARMA

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a request for reinstatement of an existing mobile home on property located at 1340 L&M Lane, Casselberry, Hindu Society of Central Florida/Dev Sharma, received and filed. 

     Planner, Tony Matthews, addressed the Board to present the request, advising the appellant has stated that the subject mobile home serves as a caretaker’s residence for providing security and protection for the adjacent Hindu Temple grounds.  He advised staff finds that the continued use of the existing mobile home as a caretaker residence is both reasonable and understandable to ensure security and protection for the adjacent Hindu Temple grounds; that the appellant has cited a previous history of vandalism; and, that the appellant’s intent is to replace the existing mobile home with a permanent structure.  If approved, the staff recommends the following conditions:  (1) Approval of the subject mobile home shall be limited to up to one year to allow the appellant time to construct a permanent structure; and (2) The existing mobile home shall be removed once a permanent structure is built. 

     Mr. Matthews advised he received a phone call from Roseanne Hunter, resident of Lot 16, stating that she is vigorously opposed to the request. 

     Upon inquiry by District Commissioner Morris, Mr. Matthews advised the appellant is requesting approval for three years. 

     Dev Sharma, appellant, addressed the Board to advise he is trustee for the temple. 

     Upon further inquiry by District Commissioner Morris, Mr. Sharma advised that they are ready to start construction as soon as their application is approved by the County.  He further advised that he anticipates completion of construction in three years. 

     Dr. Pinar addressed the Board to state they are ready to go ahead with the construction on the permanent building and can promise it will be completed within two to three years. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to approve, by means of the Notice of Decision on Appeal, as shown on page _______, a request by the Hindu Society of Central Florida/Dev Sharma for reinstatement of an existing mobile home on property located at 1340 L&M Lane, Casselberry, based on staff findings and recommendations, and that it is understood that the appellant missed the filing date, and with the conditions that it will be for no more than three years (until March 12, 2005) and that when the permanent building is built, the mobile home will be removed prior to the Certificate of Occupancy being issued; and that if for any reason any other residential structure is put on this site, the mobile home will be immediately removed. 

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

REQUEST TO REZONE FROM A-1

TO C-1, SID VIHLEN

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) and C-1 (Commercial) to PCD (Planned Commercial District) for property located on the east side of CR 15 at the intersection of Orange Boulevard, Sid Vihlen, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the request, advising the applicant proposes warehouses, commercial and office uses with a maximum building square footage of 39,938 feet.  She further advised the staff recommends approval of the PCD zoning classification, with the following conditions:  (1) Uses allowed will be mixture of warehouse, office and commercial uses that are allowed under the C-1, C-3 and M-1A zoning districts with no more than 10% of the total square footage to be retail; (2) Building height will not exceed 35 feet; (3) Parking spaces, setbacks, and all landscaping shall comply with the off-street parking and landscaping section of the Land Development Code in effect at the time of site plan approval; (4) Outdoor advertising signage (billboards) is prohibited; (5) Dedication of right-of-way starting at 15 feet in width on the south end of the property that will increase to 40 feet on the north end for the future widening of CR 15 prior to site plan approval; (6) Lighting shall consist of cut-off/shoe box style fixtures with a maximum height of 20 feet, including fixtures; (7) Any traffic signal modifications required as a result of this development shall be paid by the developer; (8) Five foot sidewalk along property frontage of C-15; and (9) Access to CR 15 may be limited after widening said roadway. 

     Sid Vihlen, applicant, addressed the Board to advise he agrees with staff recommendations. 

     No one else spoke in support or in opposition.

     District Commissioner McLain recommended approval.  

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2002-9, as shown on page _______, approving the rezoning from A-1 (Agriculture) and C-1 (Commercial) to PCD (Planned Commercial District) for approximately 4.26 acres located on the east side of CR 15 at the intersection of Orange Boulevard, with development standards as recommended by staff; and approval of Development Order, as shown on page ________. 

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

REVISION TO FINAL MASTER SITE PLAN,

OVIEDO COMMERCE CENTER PCD

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an amendment to the Final Master Site Plan and Developer’s Commitment Agreement for the Oviedo Commerce Center PCD to allow automotive repair, for property located on the west side of SR 426, approximately 1,000 feet north of Mikler Road, Don Rudolph & George Viele, received and filed. 

     Planner, Amanda Smith, addressed the Board to advise staff is not opposed to the addition of automotive repair or performance centers as permitted uses within the PCD.  The uses, however, will alter the overall complexion of the development, and staff suggests the following conditions be placed within the developer’s commitment agreement:  (1) There shall be no outside repair facilities - all repair shall take place within the buildings; (2) There shall be no outside storage of automotive parts and supplies; (3) The applicants shall designate an area within the interior of the PCD where automobiles left for repair may be stored; (4) There shall be no storage of salvaged or abandoned vehicles on the premises; (5) Any bays dedicated for automotive repair shall not be seen from any rights-of-way or property lines and shall be located in the interior of the development; (6) An automobile performance center shall be permitted within the buildings along SR 426, provided that no overhead doors/bay shall be seen from any rights-of-way or property lines; (7) In order to adequately screen the automotive uses from the adjacent properties, additional landscaping may be required per the Planning Manager’s discretion at the time of site plan review. 

     District Commissioner Maloy stated he does not want this project to turn into a Forsyth Road.  Whereupon, Ms. Smith stated she believes the proposed recommendations and conditions put in place address that concern. 

     George Viele, applicant, addressed the Board to state he is equally concerned that this park be of the highest standard possible.  He explained that a high-end Mercedes repair business is interested in leasing space and they will do all their work indoors.  He requested that condition #6 be amended and the words “property lines” be deleted. 

     Greg Hagador, 535 Pleasant Grove Drive, Winter Springs, addressed the Board to advise he is in the construction business and he is the first tenant in the park.  He stated he is opposed to the request because he is concerned with the noise the auto repair business will create and because he believes it will set a precedent.  He also stated that he is concerned that parking will become an issue. 

     Mr. Viele stated this is an industrial park and spaces are leased at individual rates.  He said he has a firm commitment from the auto repair shop on the number of parking spaces he will use because his insurance only covers vehicles that are kept inside.  He added that he is willing to do an addendum to Mr. Hagador’s lease allowing him out of his lease if the repair shop becomes too noisy. 

     No one else spoke in support or in opposition. 

     District Commissioner Maloy stated he does not believe the auto repair business is out of character for this use.  He added that he hopes the tenant and the owners can work out this problem. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve amendment to the Final Master Site Plan and Developer’s Commitment Agreement, as shown on page _______, as amended (deleting the words “property lines” from condition #6), for the Oviedo Commerce Center PCD to allow automotive repair on property located on the west side of SR 426, approximately 1,000 feet north of Mikler Road, as described in the proof of publication. 

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

CONSIDERATION OF ORDINANCE AMENDING

CHAPTER 20 OF SEMINOLE COUNTY CODE

     Proof of publication, as shown on page _______, calling for a public hearing to consider amending Chapter 20, Section 20.14(a) of the Seminole County Code (Animal Control Board), received and filed. 

     Mike Wittner, Animal Control, addressed the Board to briefly present the proposed amendment. 

     No one spoke in support or in opposition.  

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2002-10, as shown on page ________, amending Chapter 20, Section 20.14(a) of the Seminole County Code, dealing with the appointment of members to the Animal Control Board, as described in the proof of publication. 

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

CHAIRMAN’S REPORT

 

     Chairman McLain advised he and Deputy County Manager, Rob Frank, will be leaving for Tallahassee on Wednesday; returning on Thursday. 

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            The Chairman advised of an opening on the Citizens Advisory Board for the MPO. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to appoint Craig VanHooven to the Citizens Advisory Board for the MPO. 

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

DISTRICT COMMISSIONERS’ REPORTS

 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint Jake Bebber to the Agricultural Advisory Board to serve out the remainder of the year. 

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

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     Commissioner Maloy briefly discussed the letter (copy was received & filed) from Holland & Knight LLP regarding hiring Deputy Sheriffs to patrol the Riverwind Apartment complex. 

     Chairman McLain requested the County Attorney to review same and report back to the Board. 

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     Commissioner Morris briefly updated the Board on his work dealing with the Jetta Point property.  He said he believes they are at a point now where the staff could brief each Commissioner with the item to be brought back to the full Board at their March 26, 2002 meeting. 

     Mr. Grace suggested briefing the Board at the next meeting with the item to follow for consideration at the April 9, 2002 meeting. 

 

 

 

 

 

COMMITTEE REPORTS

 

     Commissioner Maloy advised the SGTV staff made a presentation at the last CALNO meeting for the purpose of urging the cities to submit additional programs. 

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     Commissioner Maloy advised the Board of the proposed Board Member Duties, Ethics & Code of Conduct Resolution for the Port Authority.  Copy of the proposed resolution was received and filed.  He said he is concerned about some of the language in the resolution. 

     Chairman McLain stated he believes this is a result of concern with members not being respectful.  He said he would not want to see any members being restricted of free speech. 

     Upon inquiry by the Chairman, Mr. McMillan advised the BCC has no say on what the Port Authority does with this resolution. 

     Commissioner Morris stated he has a problem with the code of conduct portion, but believes the code of ethics is okay. 

     Commissioner Van Der Weide suggested televising the Port Authority meetings. 

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     Commissioner Henley advised Seminole Vision is in the process of filling their officer positions.  He added that they have fulfilled their contributions commitment. 

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            Commissioner Van Der Weide advised he viewed the Maglev demonstration last week. 

COMMUNICATIONS AND/OR REPORTS

 

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

      1.  Copy of letter dated March 4, 2002 from Kenneth M. Roberts, Public Safety Director, to Rebecca Caterino in appreciation for recent donation.

 

 2.  Copy of letter dated March 4, 2002 from Kenneth M. Roberts, Public Safety Director, to Thomas Willey in appreciation for recent donation.

 

 3.  Emails from petition@vote.com to Board RE:  latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?”  (cc:  County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)

 

 4.  Contract for Services, as shown on page ________, between Seminole County and Lynn Grainger, John Thaens, and John P. Fiorenza.

 

 5.  Letter dated February 21, 2002 from Tom Hoisington, Boy Scout Troop 787 to Chairman RE:  recognition of David Gagnon for his achievements as Eagle Scout.  (cc:   Board, County Manager)

 

 6.  Letter dated February 25, 2002 from Richard F. Deardorff to Board RE:  additional assessments on vehicle registrations to fund county schools.  (cc:   Board, County Manager)  

 

 7.  Emails  received after February 12, 2002 BCC public hearing in opposition to student housing complex on McCulloch Road (Portofino).

 

 8.  Emails of appreciation to Board RE: denial of Portofino project. 

 

 9.  Letter from Geraldine D. Zambri, Longwood City Clerk to Chief Administrative Officer RE:  property annexation.  (cc:   Board, Planning & Development, Supervisor of Elections, Planning, Property Appraiser)

 

10.  Contract for Services, as shown on page _______, between Seminole County and Patricia Gehret, Gerald F. Meter, Daniel Tucker, Peter L. Theoret, David Karl Myers, Rolland K. Shea  and  Isaac Blocker, Jr.

 

11.  Copy of Memorandum dated March 7, 2002 from Michael S. Kraftsow, Oviedo Building Official to V. Eugene Williford, III, Oviedo City Manager RE:  status of water and sewer line and electrical system of the hook-ups at the entrance to Winter Miles facility.  (cc:   Board, County Manager, Library & Leisure Services Director, Planning, Engineering)

 

12.  Letter from Mrs. Janine W. Baumgartner to Board  RE:  Cleborne swimming lessons.  (cc:   Board, County Manager, County Attorney, Planning & Development/ Administration, Planning)

 

13.  Letter dated March 11, 2002 from Annette Gangale Russell to Board RE:  challenge of development order for Trinity Bay Retail Center and opposition to same.  (cc:   Board, County Manager, Planning & Development/Administration, Planning)

 

14.  Letter dated February 28, 2002 from John P. Saboor and Kevin Coulhart to Chairman RE:  January 2002 Activities Report and upcoming events.  (cc:  Board, County Manager, Tourism Development)

 

15.  Email dated March 7, 2002 from Keith Cleborne to Board RE: completeness of the swimming lessons file and asking to see legal arguments from opposing attorney.  (cc:  Board, County Manager, Deputy County Managers, County Attorney, Planning & Development/Administration, Planning)       

 

16.  Email dated March 8, 2002 from Keith Cleborne to Board RE:   response to staff report on swimming lessons.  (cc:   Board, County Manager, Deputy County Managers, County Attorney, Planning & Development/Administration, Planning)

 

17.  Facsimile dated March 6, 2002 from Robert T. Rosen, P.A. to Matthew West and Tony Matthews RE:  continuance of Crown Castle International appeal.  (cc:  Board)

 

18.  Letter dated March 5, 2002 from Speaker of the House Tom Feeney to Chairman RE:   proposed new tax structure.  (cc:   Board, County Manager, Deputy County Managers)

 

19.  Copy of Facsimile to Board from Wilton Rooks, St. Augustine,  RE: proposed new legislation for billboards.  (cc:  Board, County Manager, Deputy County Managers)

 

20.  Notice of Public Hearing from the City of Oviedo for Change of Zoning of approximately 4.15 acres for the Vierra Company located on the east side of Oviedo Marketplace Boulevard.  (cc:   Board, County Manager, Planning & Development/Administration, Planning)

 

21.  Emails from petition@vote.com to Board RE:  latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?”  (cc:  County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)

 

22.  Letter dated March 1, 2002 from Rachel K. Carnicelli, Deputy City Clerk, City of Sanford, to Board RE:  Notice of annexation of approximately 0.96 acres between Blaine Street, Harrison Street, Dixie Way and Roosevelt Ave.  (cc:  Board, County Manager, Planning)

 

23.  Letter dated March 1, 2002 from Rachel K. Carnicelli, Deputy City Clerk, City of Sanford, to Board RE:  Notice of annexation of approximately 0.44 acres between Santa Barbara Drive, Florida Street and Marshall Avenue and El Capitan Drive.  (cc:  Board, County Manager, Planning)

 

24.  Copy of letter dated February 28, 2002 from Nick Balevich, City of Sanford Planner, to effected property owners regarding readdress and renaming of St. Johns Parkway.  (cc:  Board, Planning & Development/Community Resources)

 

25.  Letter to Chairman dated February 27, 2002 from Edward L. Wilson, Jr., Florida Department of Health  RE:  denial of grant application for the  purchase of Bio Chemical ID and equipment.  (cc:  Board, County Manager, Fiscal Services)

 

26.  Letter to Chairman dated February 27, 2002 from Edward L. Wilson, Jr., Florida Department of Health  RE:  denial of grant application for the  purchase of radios and antennas  (cc:  Board, County Manager, Fiscal Services)

 

27.  Letter dated February 25, 2002 from Thomas O’Hanlon, Chairman, Oviedo City Council to Chairman RE:  City Council interests in exploring acquisition of TDC funding for a civic and/or conference center for the City of Oviedo.  (cc:  Board, County Manager, Deputy County Managers, Administrative Services)

 

28.  Copy of letter to Harry Barley, Executive Director Metroplan Orlando, dated February 22, 2002 from Russell Hauck, LYNX RE:  suggested changes to the draft Mission Statement for Commuter Rail Stakeholders Task Force.  (cc:  Board, Planning)

 

29.  Copy of letter dated February 22, 2002 from Edward I. Griffin, LYNX Paratransit Deputy Director, to ADA Paratransit Clients RE:  discontinuation of service for users whose trip origin and/or destination is greater than ¾ of a mile from a LYNX bus route.  (cc:   Board, County Manager, Planning)

 

30.  Letter dated February 27, 2002 from Gerry M. Marino, President, Oviedo Chamber of Commerce to Chairman, RE:  reconsideration of a Certificate of Need for a community hospital in the Oviedo/Winter Springs Area.  (cc:  Board, County Manager, Deputy County Managers.)

 

31.  Email dated March 8, 2002 from Carlene and John Piloian to Chairman RE:  opposition to rezoning of property on Fairy Lake.  (cc:   Board, County Manager, Deputy County Managers, Planning & Development/Administration, Planning)

 

COUNTY MANAGER’S REPORT

 

     Mr. Grace requested direction with regard to the historic marker for the World Cup and Olympic Gold Medal winning U.S. Women’s Soccer Team at Sylvan Lake Park.  Copy of memorandum dated March 6, 2002 was received and filed. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize placing a traditional freestanding historical marker in the vicinity of the soccer fields at Sylvan Lake Park, a safe distance from playing areas and potential overflow parking, commemorating the World Cup and Olympic Gold Medal U.S. Women’s Soccer Team; and to authorize an expenditure in the amount of $1,500 from the General Fund Contingency for same. 

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

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     Mr. Grace presented resolution in support of the alternative roadway proposed to run from SR 417 to I-95. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-35, as shown on page _______, in support of the new four-lane transportation facility beginning in Seminole County at SR 417, south of Sanford, traversing parallel to SR 415, and terminating at I-95 in Volusia County; and making this project the highest joint Seminole/Volusia County priority in the MetroPlan Transportation Improvement Plan and placing it in the Florida Department of Transportation’s Five Year Work Program. 

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

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     Mr. Grace advised he will be out of the office for the remainder of this week; and that DCM Sally Sherman will serve as Acting County Manager. 

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            The meeting was recessed at 2:35 p.m., reconvening at 7:03 p.m., this same date, with all Commissioners (with Commissioner Morris entering late) and all other Officials, with Deputy County Manager Sally Sherman replacing County Manager Kevin Grace, and Deputy County Attorney Stephen Lee replacing County Attorney Robert McMillan, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

     Chairman McLain read the public hearing rules and procedures and the swimming lesson/home occupation appeal introduction.

     Commissioner Morris entered the meeting at this time.

APPEAL AGAINST BOA/Seminole County

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Appeal the decision of the Board of Adjustment in approving a request by Cingular Wireless/Crown Castle International for a special exception to allow a 150 foot high monopole telecommunication tower and separation variance from 450 feet to 20 feet; property located on the south side of Red Bug Lake Road, approximately 200 feet west of Dovera Drive, Seminole County, received and filed.

     Chairman McLain stated Crown Castle’s representative is requesting a continuance of this item, as there has been a death in the family.  A letter requesting the continuance was received and filed.

     No one spoke in support or in opposition.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue to April 23, 2002, at 7:00 p.m., or as soon thereafter as possible, request to Appeal the decision of the Board of Adjustment in approving a request by Cingular Wireless/Crown Castle International for a special exception to allow a 150 foot high monopole telecommunication tower and separation variance from 450 feet to 20 feet; property located on the south side of Red Bug Lake Road, approximately 200 feet west of Dovera Drive, as described in the proof of publication, Seminole County.

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

APPEAL AGAINST BOA/Seminole County

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Appeal the decision of the Board of Adjustment in determining that swimming lessons/instructions are a home occupation under Section 2.3 and Chapter 30, Part 7 of the Land Development Code of Seminole County; property located at 184 Steeple Chase Circle, Sanford, Seminole County, received and filed.

     Tony Matthews, Planning, addressed the Board to state on December 6, 2001, staff received a request from Kenneth & Sherri Brown for an appeal of the Board of Adjustment’s (BOA) decision relating to swimming lessons being given at Mr. Cleborne’s residence.  On December 11, 2001, the Board made a motion to hear the appeal of the BOA’s decision relative to the Planning Manager’s interpretation of whether swimming lessons constitute a home occupation.  Staff is recommending overturning the BOA decision in determining that swimming lessons/instructions are a home occupation under Section 2.3 and Chapter 30, Part 7 of the Land Development Code based on the following findings:  (1) Swimming lessons/instructions are not a home occupation as the definition of home occupation does not include activities outside of a dwelling unit; (2) Swimming lessons/instructions that are not taught within a soundproof structure may generate objectionable noise levels, which are prohibited by definition; (3) Swimming lessons/instructions taught in an outdoor swimming pool provide the appearance that there is more than single family uses occurring on the property; (4) The swimming lesson business may generate excessive neighborhood traffic and make use of residential streets as a parking facility; and (5) In the past, staff has excluded swimming lessons/instructions from being considered a valid home occupation.  A definition of home occupation contained in the Land Development Code was displayed on the screen.

     Upon inquiry by Commissioner Maloy, Matt West, Planning Manager, addressed the Board to advise there could be a noise code enforcement action.  Staff looked at what determines a home occupation and what doesn’t.  In the past, staff has found out that there were many occasions where people ran businesses out of their homes in Agriculture zoning.  The first question was is that use permitted and staff found that it was not appropriate. 

     Commissioner Maloy stated he doesn’t understand why the noise aspect was not considered.

     Mr. West stated the only reason he has concerns about enforcing it through the objectionable noise issue is there is no decibel level and it could be subjective in that case as well.  This definition does not set what that level is and staff’s approach was when you read this definition as a whole, the rationale of his interpretation is, especially when you look at the sentence about home occupation allowing the use by physicians, surgeons, dentists, lawyers, etc., they can have emergency type consultations there, but cannot use their homes for their general practice.  The intent is to use it as a satellite and not a full time place where people come to the residence.  He stated he thought the noise issue was a much more subjective issue, but he also looked at the fact that it talked about the floor area not exceeding 25% of the dwelling structure.  These uses should be used inside a structure and staff’s interpretation is that any type of lessons is not a valid home occupation when you have customers coming to the residence. 

     Commissioner Maloy stated if someone is doing piano lessons out of their home, then they are in violation.  He stated he would like to know if baby-sitting is in violation as well.

     Mr. West stated it runs both ways.  He stated the County does not require any licensing and the only way staff finds out about these things is when there is a complaint.

     Upon inquiry by Commissioner Maloy, Mr. West advised he wouldn’t mind looking at providing a better set of standards of defining what is or isn’t home occupation.

     Commissioner Morris stated he would like to know the definition of premises.  He stated his definition of premises is the property.  He said he feels the issue here is premises and he doesn’t think reasonable people will argue about the definition.

     Commissioner Henley stated the last sentence of home occupation definition brings it into play, “floor area used for home occupation”, but they still can use premises under the first sentence.

     Sherri Brown, 180 Steeple Chase Circle, addressed the Board to state her property line abuts Mr. Cleborne’s property and the reason she is here tonight is she wants her voice to be heard.  She stated she has a book (not received and filed) that addresses swimming lessons and states that crying is a by-product of the lessons.  She said her only purpose is to document the noise.  She stated Mr. Cleborne moved there in 1998 and after that he built a pool and started swimming lessons.  The lessons got way out of hand last summer as the moment a child gets into the pool, they start screaming.  The minute the lesson is done, they would get out of the pool to rest, then another child would start their lesson.  This is done every 10 minutes a day for as much as 10 hours.  She stated she fears for the day that if her child gets hurt and she thinks it is a child at Mr. Cleborne’s screaming.  She displayed pictures (received and filed) showing the view of the pool from her back yard and wooden bollards in Mr. Cleborne’s front yard preventing vehicles from parking on his grass.  She stated she is currently undergoing an illness and her home is the only place she can enjoy herself. 

     Kenneth Brown, 180 Steeple Chase Circle, addressed the Board to state he listens to kids screaming all day long when he is at home.  Whenever he hears kids screaming, he takes off running to see if it is one of his kids. 

     George Garner, 185 Steeple Chase Circle, addressed the Board to state he lives on the opposite side of the street.  He stated he does not object to the swimming lessons, but does object to the intrusion of traffic and noise pollution. 

     Upon inquiry by Commissioner Henley, Mr. Garner advised he has seen seven to eight vehicles parked at Mr. Cleborne’s house.

     Vic Fernandez, 177 Steeple Chase Circle, addressed the Board to state he lives one house over from Mr. Cleborne.  He stated he is not home all day long and the days he is home, the traffic and noise is unbearable.  The noise has really gotten out of hand this past year. 

     Upon inquiry by Commissioner Maloy, Mr. Fernandez advised anything that is noisy is not acceptable, but tutoring is acceptable.

     Chairman McLain read Written Comments from James Leavitt, Elizabeth Toomey and Kathy Leavitt supporting the swimming lessons.

     Doreen Freeman, 705 Mellonville Ave., addressed the Board to state she lives in the City of Sanford and has lived there for 33 years.  She stated she is a Red Cross instructor and she has been teaching in her backyard for the past 25 years.  The way that she instructs is on a positive note as the Red Cross introduces children to water in a positive manner.  She stated she would hate the Board to negate all backyard swimming instructions.

     At the request of Commissioner Morris, Stephen Lee, Deputy County Attorney, addressed the Board to explain the nature of this hearing.

     Don Fisher, Planning & Development Director, addressed the Board to state the issue here is whether teaching swimming lessons in an A-1 zone property is a home occupation, and if it is found to be a home occupation for this property, then it is found to be home occupation for all A-1 uses across the County.  If the Board does not agree with the interpretation, staff would request that they formulate something that fits the policy.

     Commissioner Van Der Weide stated he feels the real issue is excessive noise and the amount of traffic generated.

     Ms. Freeman stated under the guides of the Red Cross, a great percentage of Red Cross instructors teach in their backyards as a supplement to community pools, which cannot handle the load that is out there for all the children and adults needing instructions for swimming safety.

     Commissioner Morris stated the first issue is to determine whether or not the Planning Manager made a correct assessment that this is not a home occupation.  The second issue deals with what the BOA appeal is based on.   He advised the Webster’s dictionary defines premises as “the land and buildings.”  When it refers to premises, it is referring to those residing on the premise, but does not go into the premise itself.  It immediately falls into what is happening in the building.

     Chairman McLain stated many home occupations are acceptable to a community, as long it is not a burden on the community with traffic, noise and activities.

     Chairman McLain submitted Written Comment Form and letter from Scott Stegall supporting the appeal.

     Beth DeFalco, 614 Grand Cypress Pt., addressed the Board to state she has five children and three of them were taught with the “jump in the pool and swim” technique.  She stated Mr. Cleborne taught her 4-year old to swim.  During the lessons, the children undergo an intense survival course, however the kids scream for their lives. 

     Keith Cleborne, 186 Steeple Chase Circle, addressed the Board to state the traffic that the previous speakers spoke about is exaggerated.  He displayed and reviewed a summary (received and filed) of how many children show up for lessons each week.  He stated he gives the lessons for 6 months and he has had an average of 11 students per day and over a 3-month period the average is 20-24 students a day.  He explained the reason why he has had 34 people at his pool rather than 25 or so.  He stated he has an 8-year-old child who attends elementary school and he cannot teach swimming lessons during the time he has to pick him up at school.  The most cars parked on his lot in a given day was 25 because he had several sets of siblings at one time.

     Upon inquiry by Chairman McLain, Mr. Cleborne advised he does not think the noise is objectionable to the neighborhood, as he doesn’t think it is loud enough for them to hear. 

     Mr. Cleborne stated he has three parking spots available for clients to park off the road.  He displayed a photograph (received and filed) showing the parking area.

     Upon inquiry by Commissioner Henley, Mr. Cleborne advised a vehicle would be parked at his home approximately 30 minutes. 

     Upon inquiry by Commissioner Maloy, Mr. Cleborne advised he does not sell anything and he does not have a sign in his front yard.  He explained why he feels his business fits the code.

     Commissioner Morris reviewed that during the heaviest three-month period, there is an average of 20-24 children per day and during the first week of training it is typical for children to cry.  He stated the issue here is if someone runs a hedge cutter or lawn mower for six hours a day, then they are going to get a nuisance complaint.  The neighbors are saying that this is an intense period of time.  A crying child is an alert noise and it would seem to be quite significant.  He stated 20-25 cars coming to a home during the day generates 50 trips and an average house generates 8-10 trips per day, therefore, more traffic is being generated.  Those are the kinds of issues that the Board would wrestle with as being an intrusion.

     Mr. Cleborne stated the first time he heard that the noise issue was a problem was when the complaint was filed against him.  He stated if the noise is an issue, he will be glad to take care of the problem so it is not audible. 

     Upon inquiry by Chairman McLain, Mr. Cleborne advised he would solve the problem by putting up plexiglas and foam rubber or some sort of absorbent soft material.  He said the BOA indicated that the noise was not an issue.  He added he would like to submit a video (received and filed) into the Record.

     Lora Mason, 9887 Lake Georgia Drive, addressed the Board to state she would like to know if the noise issue is a problem if someone volunteers or if they are paid.

     Chairman McLain stated there are many businesses operating in the County that the County does not know about and the only way they find out about them is when they receive complaints.

     Ms. Mason stated she feels that EMS vehicles, ambulances and fire trucks are more noise intrusive than a crying child.

     Michelle Nutter, 3400 Florida Ave., addressed the Board to state she teaches infant swimming research and she is concerned that this could have an impact on her business. 

     Becky Puhl, 1449 Timbercrest Dr., addressed the Board to state the swimming lessons book addresses how to handle crying children.  There is no judging on what noise is objectionable as far as how many decibels it has to be.  She spoke with regard to the traffic problem as well.

     Tracy Garlanger, 5271 Garlanger Trail, addressed the Board to state the noise issue is greatly exaggerated.  The children learn to swim with their faces in the water and they cannot scream during that time.

     Lori Oakes, 5620 S. Lake Burkette Lane, addressed the Board to state for the most part only three cars are parked at Mr. Cleborne’s residence at one time.  The kids do cry but do not do it all the time.  She stated she submitted a letter to Commissioner Maloy.  She said it is physically impossible to teach this type of swimming lesson for a long period of time.

     Heidi Bigge, 306 Lake Road, addressed the Board to state she would consider the swimming lessons a public service and not a home occupation.  She asked the Board to vote in favor of Mr. Cleborne’s swimming lessons.  She said her son took swimming lessons from Mr. Cleborne and he did not cry or scream, he enjoyed it.

     Edith Vega, 514 Alokee Ct., addressed the Board to state she lives in Lake Mary and she would like to speak on behalf of the people who do not have swimming pools in their back yards.  She stated her granddaughter fell into a pool this year was able to swim because of Mr. Cleborne’s lessons.  She said what Mr. Cleborne is doing is a service to the community.  She spoke with regard to the parking situation, stating when she was there, there were no more than three cars parked on the property at any given time.

Lynette Halter, 118 Sand Point, addressed the Board to state she is speaking on this issue because she is a family friend.  She stated Mr. Cleborne has a very large driveway and she has never seen more than two cars at a time.  She said her son is there all the time and he has never seen a maximum of three children there.  She added some home occupations wouldn’t be allowed if it were considered noisy.

     Barbara Rodriguez, 188 Steeple Chase Circle, addressed the Board to indicate on the aerial where Mr. Cleborne’s pool is located and she stated she can see the pool from her window.  She stated she has occasionally seen five cars and normally there are two to three cars parked there.  She added she has only heard one child screaming from inside her house and they cannot scream while their faces are in the water.

     Erin Dugan Sanders, 897 Woodgate Trail, addressed the Board to state she feels that Mr. Cleborne has attempted to accommodate parking and she has never witnessed more than two vehicles at one given time.  She stated when she was there with her child; she did not witness any screaming.  Mr. Cleborne made it a point to tell the parents not to arrive too early and not to leave late. 

     Chairman McLain read Written Comments from Edith & William Vega; Barbara Rodriguez; Teodoro Rodriguez; Caroline Larsson; and Dona Jimenez. 

     Jennifer Wicks addressed the Board to state she took her daughter to a community pool for lessons and she was terrified and didn’t learn anything.  She stated when she took her daughter to Mr. Cleborne, there were never more than two cars there and she always parked in the driveway. 

     Paulette Gaffert, 100 Orange Ridge Drive, addressed the Board to state she may have seen four cars parked there at one time and the reason that many were parked there is because the grandparents want to see their grandchildren learn to swim.

     Gina Haug, 704 Kenilworth Circle, addressed the Board to state the biggest issue is the noise level and she believes it is a gray area.  She stated her issue is whether crying is the objectionable noise or is it the laughing.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     An e-mail from James & Kathy Leavitt opposing the home business was received and filed.

     Chairman McLain recessed the meeting at 8:30 p.m., reconvening at 8:42 p.m., with all Commissioners present.

     Commissioner Henley stated he would like clarification as to what impact the decision might be countywide.  He stated he understands that Mr. West indicated that should this not be permitted, it would mean that all swimming in the County as a home occupation would not be permitted as well as tutoring and piano lessons. 

     Commissioner Van Der Weide requested clarification from the County Attorney’s office.

     Mr. Lee stated if staff takes the Board’s action to be an instruction as to how the code can be interpreted and applied, he assumes staff would be consistently applying the code in that fashion and interpreting it in that fashion.

     Commissioner Maloy stated the issue is the Board is dealing with a home occupation that includes swimming lessons.  He stated the way he understands the definition is there is a negative law and a positive law and the United States laws are unique and operates in a negative aspect.  He feels the Board should have a work session on this issue.

     Upon inquiry by Commissioner Maloy, Mr. Fisher advised the home occupation definition has been in the code since 1960 and through the years it has been added on, tweaked, and pulled and that is why the definition is so confusing.  The long-standing policy indicates that swimming lessons are not a home occupation.  Staff’s concern is the broad-brush change that this might have that home occupations are permitted in residential zoning districts with the lot sizes being much smaller.  If the same scenario of allowing swimming lessons is taken, then you can imagine the intensification of what that might mean.

     Commissioner Maloy stated his main concern is there are more and more people working in their homes, he feels the Board should have a work session to review this more and revise it.

     Commissioner Henley stated he didn’t find in the code where traffic can be used to declare it a non-home occupation. 

     Mr. West advised the reason why this wasn’t pursued as a code enforcement issue based on noise violation is the staff’s approach was, is this use allowed regardless of the noise violation.

     Commissioner Henley stated at the BOA hearing, Mr. Cleborne’s attorney indicated that any time an ordinance is ambiguous, the case law requires staff to interpret on behalf of the property owner.  He asked if the County Attorney’s office checked to see if that might have a bearing on the ruling of the BOA.

     Mr. Lee stated he disagrees with Mr. Cleborne’s attorney that there are cases dealing with statutory construction and in his view, it is not necessarily applicable to the land use. 

     Commissioner Morris stated the issue here goes very clearly to what the Planning Manager determined as to whether or not home occupation is an issue at hand.  There are many cases where a lot of people are doing home occupations and they wouldn’t fall under this definition.  The County operates code violations on a complaint basis.  The Planning Manager has interpreted what type of activity is occurring relative to the amount of it and he has determined that the noise is an issue.  He stated he would have to concur that this is not a home occupation. 

     District Commissioner McLain stated he doesn’t think that this Board feels that tutoring, piano lessons, etc. are the types of activities that would be affected by the Board’s decision tonight.  He stated the key word is any home occupation that creates any objectionable noise shall be prohibited.  If Mr. Cleborne can deal with the noise and convince staff that he can do that, he could get a positive recommendation from staff.  The Board has heard several residents talk to the issue of noise on a consistent, regular basis.  Staff recommendations #2 and #3 are directly to the point.  He stated many of people in favor of Mr. Cleborne do not live in the neighborhood.  Therefore, he would support staff recommendations as far as finding this is not a home occupation based on the objectionable noise it would create in the community and it would not impact other home occupations that do not require this noise problem.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to overturn the decision of the Board of Adjustment, by means of the Notice of Decision on Appeal, in determining the swimming lessons/instructions are a home occupation under Section 2.3 and Chapter 30, Part 7 of the Land Development Code; property located at 184 Steeple Chase Circle, Sanford, as described in the proof of publication, Seminole County, based on staff findings and recommendations as follows:  swimming lessons/instructions that are not taught within a soundproof structure may generate objectionable noise levels, which are prohibited by definition and that swimming lessons/instructions taught in an outdoor swimming pool provide the appearance that there is more than single family uses occurring on the property.

     Under discussion, Commissioner Morris stated he concurs with the motion in particular with recommendations #2 and #3.  He stated if this motion is successful, the Board needs to follow with direct instructions to staff unless there are findings of #2 and #3 that they would not prohibit this use.  The Board also needs to instruct staff to deal with the home occupation issue, in general, so that the Board can have a properly drafted home occupation code.  Mr. Cleborne is not going to be permitted to do this under the current configuration but the County may be able to readdress for him and he may be able to address it as well by handling the noise issue.  He stated he would recommend including in the motion that the findings is not a home occupation on the basis of the noise.

     Commissioner Van Der Weide stated he can support that.

     Chairman McLain stated in this particular case the Board is dealing with home occupation of swimming lessons and the findings of this Board, this particular home occupation does not qualify based on the objectionable noise.  If someone else is giving swimming lessons and there are no objectionable noise issues not relative to that home occupation, then it would be found acceptable.

     Commissioner Henley stated he can support that as long as staff understands that.

     The consensus of the Board was to expect staff to work on this diligently so the Board can correct any deficiencies in the home occupation definition.

     Chairman McLain stated he feels staff needs to address the traffic impacts as well.

     Commissioner Maloy stated the operation could continue if the applicant can control the noise.

     Commissioner Morris stated he feels staff needs to come back with some sample home occupation ordinances.  If the Board approves this tonight, staff will need to point out what are the objections and limitations.

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

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     Chairman McLain recessed the meeting at 9:10 p.m., reconvening at 9:18 p.m., with all Commissioners present.

REZONE/Thomas Daly

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD); property located at the intersection of Tuskawilla Road and SR 426 and approve Development Order, Thomas Daly, received and filed.

     Jeff Hopper, Planning, addressed the Board to advise the applicant is proposing to develop approximately 15 acres in residential use as townhouses with an additional three acres designated for commercial uses.  He reviewed the permitted uses, land uses surrounding the site, and the primary access as outlined in the agenda memorandum.  He stated since the Planning & Zoning (P&Z) Commission hearing, the applicant has submitted information on recreational amenities, such as children’s playground, active and passive recreation areas, and proposed landscaping between buildings.  He said staff recommends approval of the request with the following conditions outlined:  (1) There shall be a 40 ft. building setback and a 40 ft. buffer along the western property line.  The buffer shall include the existing row of pine trees, an additional row of 4” caliber oaks on 30 ft. center and a row of under story trees spaced at 10 ft. intervals; (2) Balconies shall be prohibited on units closest to the western property line; (3) A 6 ft. brick or masonry wall shall be maintained along the western property line.  The existing block wall shall be extended to the south property line; (4) Front walls of townhouse units shall be staggered; (5) The 16 ft. easement providing access to properties to the south shall be maintained at no less than its current capacity.  Property owners using the easement shall be granted use of the gated entrance through the residential portion of the Trinity site; (6) The west retention area shall be arranged as an amenity and used as open space; (7) Dumpsters and mechanical units shall be located and/or screened so as not to be visible from SR 426 or Trinity Bay Subdivision; and (8) The development will not be designed or marketed as student housing.  He stated the applicant has submitted 10 additional conditions (received and filed), which the applicant will review.

     Tom Daly, applicant, addressed the Board to state he is here on behalf of the landowner and the contract purchaser.  He briefly reviewed the history of the project.  He displayed a copy of the approved plan and stated there are three commercial out parcels along Aloma Avenue.  He stated none of the conditions regarding commercial property will be changed from the existing PUD.  The remainder of the property was approved for a 131,000 sq. ft. shopping center.  There is an existing dirt road, which is encumbered by a 16 ft. access easement that will give access to the residents to the south.  That easement has been in place since 1955 and he has no plans of changing the character of that easement.  The existing approval of that plan is to install a gate for access.  The Comp Plan is HIP and it is maxed out at 20 units per acre, and the proposed plan is a down zoning to town homes and these are for sale and not for rent.  They are neither apartments nor student housing, as staff asked him to put a prohibition on student housing.  The difference between this development and historic town homes is these homes have garages.  He stated at the P&Z meeting he had proposed putting a gate across the front to make it a gated community.  With regard to the access easement, his attorney has recommended that the gate not be installed. 

     Upon inquiry by Commissioner Maloy, Mr. Lee advised if the residents to the south have the right to use the 16 ft. easement for access to their property, then the applicant is correct that they cannot block off that access.  If the residents to the south agree to what the applicant is proposing, they can do it.

     Upon inquiry by Commissioner Morris, Mr. Daly advised he believes there are eight or nine property owners that have prescriptive rights to that access.

     Upon further inquiry by Morris, Mr. Daly advised the easement runs straight down the property line on SR 426 and continues on his half of the land and one property owner owns the other half.

     Mr. Daly stated he has met on numerous occasions with the Trinity Bay Association and the people to the south and they have come up with some additional conditions.  He displayed and briefly reviewed the following conditions:  (1) Installation of a warning sign along SR 426: (2) Installation of a hedge on both sides of the road to keep children from running back and forth; (3) A multiple lock box will be installed along the 16 ft. easement; (4) The 16 ft. easement to be paved with a hard surface all the way down the property line; (5) A chain link fence will be installed along the southern property line; (6) Upgrade the traffic lights at the intersection of SR 426 and Tuskawilla Road; (7) Electrical power will be installed to the southeast portion of the property; (8) A fountain/aerator will be installed in the retention pond; (9) The project street lighting adjacent to the western property boundary will be limited to decorative lighting affixed to the front of the units; and (10) Window openings on the second floor of the units will be frosted-opaque.

     Upon inquiry by Commissioner Maloy, Mr. Daly advised he has no control of what is being put on Mrs. Russell’s property, but he plans to continue with the wall. 

     Wendy Saliga, 3055 Tuskawilla Road, addressed the Board to display a drawing (not received and filed) showing how close her house is to this project.  She stated she believes the community really wants a security gate along the southern boundary line.  She stated she does oppose putting two gates in the community.  She displayed a photograph (not received and filed) of a road.

     Upon inquiry by Commissioner Morris, Ms. Saliga advised she has contacted the rest of her neighbors to the south who will be affected by the gate and they all would like a gate installed. 

     Chris Saliga, 3055 Tuskawilla Road, addressed the Board to state the cold paving of the road is not what they are asking for.  The one main thing they are asking for is the security gate.  He stated he is concerned about the traffic that will come down his street.  He displayed a photograph (not received and filed) of his circular drive and stated he would like a gate to keep traffic from turning around in his driveway. 

     Annette Russell, 5220 North Lake Burkett Lane, addressed the Board to state she is a bit disappointed with Mr. Daly as they have discussed the issue of installing a wall and he has indicated that he does not want to install one. 

     Upon inquiry by Commissioner Maloy, Ms. Russell advised a chain link fence is not secured enough and it is ugly.  She displayed photographs (not received and filed) and stated an aluminum fence would work.  Ms. Russell displayed a photograph (not received and filed) and indicated where the retention pond will be located.  Ms. Russell stated all she is asking for is an aluminum fence around the entire southern property line and she would like to know how a 40 ft. buffer would be acceptable.

     Mr. Russell addressed the Board to ask why can’t they gate both sides of the community and why hasn’t there been a proposal for that.

     Mr. West addressed the buffer requirements for this type of development.

     Attorney David Tegeler, P. O. Box 677192, addressed the Board to state he represents Mr. & Mrs. Hutsick and they have requested that the existing trees be unharmed when the existing block wall is upgraded and that requirement be included in the development order.

     Upon inquiry by Commissioner Maloy, Attorney Tegeler advised his client originally requested a 25 ft. setback, but now would like a 40 ft. setback at this time.  This small setback is not enough to protect the property rights of the homeowners in Trinity Bay. 

     Todd Husty, 5690 South Lake Burkett Lane, addressed the Board to state Rachel Bernstein is the executor of the family trust for Dr. Anderson and he would like to say a few words on her behalf.  He discussed some of the unauthorized use problems going on in Trinity Bay.  He stated Ms. Bernstein feels that if the water easement goes through, it would ruin the pond. 

     Upon inquiry by Commissioner Maloy, Mahmoud Najda, Development Review Manager, addressed the Board to advise the pond and drainage system probably cannot handle direct connection from the system and staff is aware of the problem.  There is a 20 ft. drainage easement and it allows the eastern development to tie into the cul-de-sac.  Before any connections are made, staff will check this out and look at it very closely.

     Attorney Daly stated the developer will agree to installing a security gate along the back of the property subject to approval by all property owners having legal rights over the 16 ft. easement.

     Upon inquiry by Commissioner Maloy, Attorney Daly stated he has no problem installing a wall down the corner.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2002-11, as shown on page ________, rezoning to PUD; property located at the intersection of Tuskawilla Road and SR 426, as described in the proof of publication, Thomas Daly, approval of the Development Order, as shown on page _______, subject to P&Z recommendations plus the 10 additions submitted by the developer, with modifications to #6 (fence to be vinyl coated) and #7 (left wrought iron gate with connections to homes to be installed if there is unanimous consent of the property owners who control the easement), in addition to #11 alternative fencing on Mrs. Russell’s property to be an aluminum-type fence, and with regard to #12 that as many of the trees in the buffer will be undisturbed.

     Upon inquiry by Mr. Hopper, Commissioner Maloy recommended deleting the last sentence of staff’s recommendation #6 relating to the gated entrance.

     Commissioner Morris stated he believes this is a very good project and a very good down zone.

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

 

LAND USE AMENDMENT/REZONE/John Percy

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Large Scale Land Use Amendment from Planned Unit Development (PUD) to Planned Development (PD); and Rezone from A-1 (Agriculture), R-1 and R-1AAA (Single Family Dwelling) to Planned Unit Development (PUD); property located north of SR 436, west of West Lake Brantley Road, John H. Percy, received and filed.

     Mr. Hopper advised the applicant is proposing to develop a mixed-use development in the vicinity of the existing Forest Lake Academy to include retail uses, an assisted living facility (ALF), and an expanded school and church.  He reviewed the existing land uses of the surrounding area.  The ALF would include apartment units and a nursing home.  Automobile repairs will continue as part of the school’s educational program.  Building heights would not exceed 35 ft. with the exception of a 80 ft. tower on the church building.  Staff recommends approval of the request subject to the following:  (1) Consistent architectural design throughout the development; (2) Maximum building height 35 ft. as measured per the Land Development Code, except a maximum of 80 ft. for a church steeple; (3) Automobile repairs shall only be conducted in connection with educational programs; (4) Stormwater management areas shall be arranged as amenities and shall be used as open space; (5) The development shall be limited to two entrances on SR 436; and (6) Landscape areas shall include a 20 ft. buffer for commercial development on SR 436 and a 25 ft. buffer between the academy and adjacent residential development. 

     John Percy, applicant, addressed the Board to state he agrees with staff recommendations.

     Commissioner Van Der Weide stated there is a lack of sidewalks on West Lake Brantley Road and he would like to see the applicant install them in that area.

     Upon inquiry by Chairman McLain, Mr. Percy advised he is in agreement with placing sidewalks in that area.

     John Goring, 2450 Pleasant Dr., addressed the Board to state he is the President of West Lake Brantley Homeowners Association.  He indicated on the map where the nearest fire station is located.  He stated he is concerned with all the traffic that will be generated by this project and there are no fire hydrants in the area.  He requested the Board to install fire hydrants in their area.

     Judy Kroker, 1420 West Lake Brantley Road, addressed the Board to state she would like to know the difference in zoning of Planned Unit Development and Planned Development.  Whereupon, Mr. West explained the difference.

     Mrs. Kroker expressed her concern with drainage and flooding.

     No one else spoke in support or in opposition.

     Chairman McLain read Written Comment from G. E. Claus.

     Speaker Request and Written Comment Forms were received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to transit to the Florida Department of Community Affairs, Large Scale Land Use Amendment from Planned Unit Development (PUD) to Planned Development (PD); and Rezone from A-1 (Agriculture), R-1 and R-1AAA (Single Family Dwelling) to Planned Unit Development (PUD); property located north of SR 436, west of West Lake Brantley Road, as described in the proof of publication, John H. Percy, per Development Order, as shown on page ________, with staff recommendations, including sidewalks on West Lake Brantley Road. 

     Under discussion, Chairman McLain stated staff should evaluate the 1-cent sales tax for sidewalks for schools.  He recommended staff to get back with the District Commissioner on the sidewalk issue.

     Commissioner Maloy stated he has concerns with the fire hydrants.

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

LAND USE AMENDMENT/REZONE/Hugh Harling

     Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Large Scale Land Use Amendment from Industrial to High Intensity Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and Amendment to the Developer’s Commitment Agreement for the Loma Vista PUD; property located on the west side of Aloma Avenue and east of the GreeneWay, Hugh Harling, received and filed.

     Amanda Smith, Planning, addressed the Board to state the approved PUD comprises of 52.7 acres and will consist of multi-family, industrial, commercial, and institutional uses.  She added staff recommends approval of the request.

     Hugh Harling, Harling Locklin & Associates, addressed the Board to advise he agrees with staff recommendations.

     No one spoke in support or in opposition.

     Motion by Commissioner Maloy, seconded by Commissioner Morris to transmit to the Department of Community Affairs a Large Scale Land Use Amendment from Industrial to High Intensity Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and Amendment to the Developer’s Commitment Agreement, as shown on page ________, for the Loma Vista PUD; property located on the west side of Aloma Avenue and east of the GreeneWay, as described in the proof of publication, Hugh Harling.

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

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            There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:42 p.m., this same date.

 

 

ATTEST:______________________Clerk______________________Chairman

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