BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
March 23, 2004
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, March 23, 2004, in 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)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor Jon Carnes, Sanford First Church of the Nazarene, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2004-R-53, as shown on page _________, commending Robert (Bob) D. Murray, Engineer in the Public Works Engineering Division, for his twenty-nine and one-half years of faithful service to Seminole County upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Murray, who expressed his appreciation to the Board.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-54, as shown
on page ________, proclaiming the month of April as “Water Conservation Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mike Barr, who expressed his appreciation.
Jaime Croteau, Director of Administrative Services, addressed the Board to request approval of funding for the purchase of furniture requested by the State Attorney’s office and replacement shelving for the State Attorney and Public Defender’s offices for the Criminal Justice Center; and approval to amend the existing contract with Thomas W. Ruff, RFP-4201-03/BJC. She stated effective July 2005, under Article V of the Statutes, the County will no longer be responsible for providing furnishings in these offices. However, per State Statute at this time, the County is required to provide them with furnishings for their offices. The County will not be furnishing the entire office of the State Attorney and Public Defender, but these are items that they were not able to replace. The total price is $69,763.30 and it will be added to the County’s existing furniture contract.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize funding for the purchase of furniture requested by the State Attorney’s office and replacement shelving for the State Attorney and Public Defender’s offices for the Criminal Justice Center; and approval to amend the existing contract with Thomas W. Ruff, RFP-4201-03/BJC.
A representative from the State Attorney’s office addressed the Board to thank the Board and staff on their work on Article V and the new Courthouse.
Districts 1, 2, 3, 4 and 5 voted AYE.
Lisa Spriggs, Fiscal Services Director, addressed the Board to explain for Commissioner Henley what the source will be for the matching funds for Item #3, Assistance to Firefighters Grant.
Colleen Rotella, Community Resources Manager, addressed the Board to explain for Commissioner Maloy the dispute and price for Item #10, Clem Sale Agreement-Natural Lands.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize and approve the following:
3. Request Board approval to pursue federal grant funding for training equipment through the 2004 Assistance to Firefighters Grant Program.
4. Budget Amendment Resolution #2004-R-55, as shown on page _________, $320,000 – Public Works: 10101 – Transportation Trust Fund. Based on an Interlocal Agreement scheduled to be approved at the 03/23/04 Seminole County Board of County Commissioners meeting, the City of Winter Springs is making up to $320,000 of City funds available for improvements being installed as part of the SR 434 Access Management Program. The City of Winter Springs has agreed to authorize the County to spend and use on its behalf a portion of the City’s proceeds of the 2001 renewed local option sales surtax. This budget request is related to a construction contract award item on the Fiscal Services/Purchasing Consent Agenda and to the referenced Interlocal Agreement item on the Public Works/Engineering Consent Agenda.
5. Budget Amendment Resolution #2004-R-56, as shown on page _________, $100,000 – Environmental Services: 40100 – Water and Sewer Fund. The Environmental Services Computerized Maintenance Management System is being developed under the umbrella of the Clerk of the Court’s contract with JD Edwards. Implementation of this program will meet the requirements of several new EPA mandates for maintenance records. Environmental Services portion will be $425,000. Funds were budgeted ($325,000), but an additional $100,000 is needed to implement the package. This budget request is related to award of contract item on the Fiscal Services/Purchasing Consent Agenda.
6. Award
CC-1221-03/AJP, as shown on page _________, SR 434 Access Management
Construction Project with APAC – Southeast, Inc. of Orlando, FL, (Not-to-Exceed
$3,284,503.00).
7. Approve
Change Order #1, as shown on page ________, to CC-1193-03/BJC – Wilson’s
Landing (Formerly Wekiva Park/Hutchinson Property) with Pooley Enterprises,
Inc. of Orlando ($24,165.00); and authorize County Manager to execute same.
8. Accept
and authorize the Chairman to execute the Certificate of Final Completion, as
shown on page _________, for CC-1174-02/BJC – Northwest Regional Wastewater
Treatment Facility (NWRWWTF) – Chemical Feed System Improvements, with Reiss
Environmental, Inc.
9. Award M-426-04/PWM, as shown on page ________, Environmental Services Water and Waste Water Computerized Maintenance Management System Software Licenses to PeopleSoft, USA, Inc. of Pleasanton, CA ($140,794.00).
12. Approve and authorize Chairman to execute Modification of Emergency Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement, as shown on page _________, between the State of Florida Department of Community Affairs and Seminole County for additional funds.
13. Approve and authorize Chairman to execute renewed Automatic Aid Agreement, as shown on page ________, between Seminole and Orange Counties for receiving and responding to calls for emergency services.
14. Approve and authorize Chairman to execute renewed Mutual Aid Agreement, as shown on page ________, between Seminole and Orange Counties for provision of fire and EMS support outside of the designated joint response or automatic response areas.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize Binding Written Offers relating to
Parcel Numbers 119, 120, 131, 143, 16-19-30-5AC-0000-00E0 and
16-19-30-5AC-0000-0980 of the C-15 road improvement project/Elder Creek Regional Stormwater Facility
project.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize and approve the following:
24. Expenditure Approval Lists, as shown on page _________, dated March 2 and March 9, 2004; and Payroll Approval List, as shown on page _________, dated February 26, 2004.
Lesli Anne Daniels & Accredited Surety & Casualty, #03-535-MMA - $201
Richard Arlan King & Capitol Preferred Insurance Co., #02-9226-MMA - $538
Richard Arlan King & Capitol Preferred Insurance Co., #02-9226-MMA - $201
Richard A. King & Capitol Preferred Insurance Co., #02-7255-MMA - $1,038
Victoria Washington & Capitol Preferred Insurance Co., #02-11068MMA - $538
Richard A. King & Capitol Preferred Insurance Co., #02-7255-MMA - $511
David Scott Wells & Accredited Surety & Casualty, #03-380-MMA - $1,538
26. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Edwin Abreau, #03005717MMA - $100
Christopher Alligood, #03008150MMA - $100
America Aquino, #03006523MMA - $100
Luis Angel Aviles, #03011375MMA - $260
Paul Francis Boney, #03001394CFA - $200
Scott Andrew Browning, #90003729CFA - $350
Jon Joseph Dauria, #03004249MMA - $100
Harvey Fekeith, #03009933MMA - $260
Christopher Brian Franklin, #03001647CFA - $200
Dwayne A. Graham, #97005884MM - $50
Dwayne A. Graham, #97005883MM - $50
Nathaniel Grant, #99012478MM - $200
Genesis Hope Hanson, #03000833CFA - $150
Otis Leon Jackson, #96003797MM - $200
Otis Leon Jackson, #97003135MMA - $200
Scott W. Johnston, #99008401MM - $200
Stacie Dannette Kelly, #93002919MM - $100
Fabian E. Melendez, #03009618MMA - $100
Sonja L. Miller, #00011563MM - $200
Robert M. Odom, #00002367CFB - $200
Victoria T. Platt, #00004380CFA - $200
Ryan Joseph Sharp, #03010788MMA - $100
Thelma J. Wiloch, #02002327CFA - $200
27. Chairman to execute the following Satisfactions Of Judgment/Court Costs:
Steven Argo, #97-3964-MMA - $150 Court Costs and Application of Indigency Fee
Samuel Diaz, #01-335-CFA - $40 Application of Indigency Fee
Dwight Roy Offenbacker, #00-3827-CFA - $368 Court Costs and Application of Indigency Fee
28. Approval of BCC Official Minutes dated February 24, 2004.
Districts 1, 2, 3, 4 and 5 voted AYE.
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29. The Board noted, for information only, the following Clerk’s “received and filed”:
1. Work Order #24, as shown on page _________, to PS-5129-02, Surveying Services.
2. Work Order #21, as shown on page _________, to PS-574-01, Hydrogeological Services.
3. First Amendment, as shown on page _________, to IFB-3079-03, Drink Vending Machine Services Agreement.
4. Amendment #1, as shown on page __________, Work Order #9 to CC-1212-03, Miscellaneous SHIP Home Repairs.
5. Copy of memorandum to County Engineer Jerry McCollum from Assistant County Attorney Henry Brown regarding Direct Pay Request, Seminole County v. Silver Lake Realty Company, et al.
6. Contract #M-425-04, as shown on page __________, Bay Meadow Road Drainage Improvements.
7. First Amendment, as shown on page _________, to AB-3038-01, Fertilizer Purchase Agreement.
8. Copy of memorandum to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfer in the amount of $142,000 for the Traffic Engineering Control Center.
9. Work Order #12, as shown on page _________, to PS-5130-02, Engineering Services for Soil and Material Testing.
10. Change Order #4, as shown on page __________, to CC-1210-03, Orange Boulevard Hydraulic Loop Project.
11. Work Order #4, as shown on page _________, to PS-589-01, GWL/Heathrow Water Transmission Main and Reclaim Main.
12. Work Order #6, as shown on page _________, to PS-583-01, Professional Landscape, Architecture and Irrigation Design Services Agreement.
13. Contract #M-424-04, as shown on page ___________, Appraisal Updates, Elder Creek, Stormwater Retrofit Project.
14. Agreement CC-1227-04, as shown on page __________, Hicks Electric, Inc.
15. Title Opinion, as shown on page __________, for Lake Markham Preserve Phase 2.
16. Copy of memorandum to the BCC from County Manager Kevin Grace regarding Capital Fund Transfer in the amount of $700,000 for Dodd Road.
17. Letter to Sandy McCann from C. J. Sweeney & Associates, Inc. transmitting for public review copies of the Preliminary Engineering Report and Categorical Exclusion Document regarding the Project Development and Environment Study for Implementation of the Flexible Bus Rapid Transit (FlexBRT) System.
18. Recorded Development Order Decision on Appeal, as shown on page __________, for the Cornerstone Church of Orlando.
19. Conservation Easement, as shown on page __________, granted by the Saint Mary and Archangel Michael Coptic Orthodox Church, Inc. of Central Florida.
20. Satisfaction of Connection Fees, as shown on page __________, for Lake Forest Section 12A.
21. Conditional Utility Agreements, as shown on page __________, for water and sewer for H. S. Development Enterprises, Inc.
22. Letter of acceptance of water and sewer and Bill of Sale, as shown on page _________, for Cambridge Prep School.
23. Recorded Development Order, as shown on page __________, for William Deboles.
24. Conditional Utility Agreements, as shown on page __________, for water and sewer for Via Tuscany Development and Lake Mary Professional Campus, LLC.
25. Recorded Development Order, as shown on page __________, for Sam and Floranse Mansour, Automotive Repair Shop.
26. Private Road Maintenance Agreements and Letters of Credit, as shown on page __________, in the amount of $101,285 for Estates on Lake Mills and Estates on Lake Mills Phase 2 in the amount of $3,877.
27. Maintenance Bond, as shown on page __________, for water and sewer for the following: Oakmonte Park Replat of Block C in the amount of $20,000; Alaqua Lakes 7B in the amount of $11,589; Lake Forest Section 10C in the amount of $6,891.50; The Retreat at Wekiva, Phase 2 in the amount of $30,300.28; and Ashford Park Townhomes in the amount of $34,998.
28. Private Road Maintenance Bonds, as shown on page __________, as follows: in the amount of $26,414 for Alaqua Lakes Phase 7B; the amount of $29,950.50 for Lake Forest Section 10C; the amount of $95,446 for Dunwoody Commons Phase 1; the amount of $25,805 for Lake Forest Section 17; the amount of $58,371.41 for Oakhurst Reserve Phase 2; and the amount of $14,519.19 for Oakhurst Reserve Phase 1.
29. Maintenance and Escrow Agreement and Cash Maintenance Bond, as shown on page ___________, in the amount of $918 for Bougainvillea Clinique; and in the amount of $15,300.05 for Temple Israel.
30. Roads Performance and Payment Agreement and Letter of Credit, as shown on page _________, in the amount of $83,110.51 for Kenmure PUD.
31. Public Road Maintenance Bonds, as shown on page __________, as follows: in the amount of $7,191.04 for Celery Avenue Right-of-Way, and the amount of $2,130 for Dunwoody Commons Phase 1.
32. Copy of memorandum to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfer in the amount of $46,481 for the Juvenile Justice Center Project.
33. Community Based Care of Seminole, Inc. Agreement, as shown on page __________, approved per Agreement with Public Consulting Group on March 25, 2003.
34. Notice from the Public Service Commission regarding Docket No. 031100-EI, Progress Energy Florida, Inc. Order Suspending Tariff.
35. Bids IFB-3083-04, IFB-3084-04, and 298-04.
SHERIFF’S OFFICE
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize and approve the following:
30. Approve and authorize Chairman
to execute the Certificate of Acceptance, as shown on page _________, for the
Florida Department of Law Enforcement Residential Substance Abuse Treatment
(RSAT) Program Grant.
31. Approval by the Board of County Commissioners to utilize $30,750 in Law Enforcement Trust Funds for the following: a $16,000 contribution to the Foundation for Seminole County Public Schools for the Good Student Incentive Program “Take Stock in Children Mentoring and Scholarship Program; a $750.00 contribution to the Seminole Community College’s Scholarship Program and a $14,000 contribution to provide funding for “Project Graduation” to seven Seminole County high schools.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE UPDATE
Sally Sherman, Deputy County Manager, addressed the Board to present the Legislative issues for discussion.
Steve Lee, Deputy County Attorney, addressed the Board to update the Board on the conference calls he has received. He stated FAC’s analysis will be provided to the Board tomorrow. Several bills will be heard today that he and Ms. Sherman are following. The annexation bill is stalled as the League of Cities has been opposed to compromising. The Dept. of Juvenile Justice cost shift is still on the table and a press packet will be available tomorrow with clippings and background. He said regarding the Argenziano Agriculture Enclave Bill, the Bert Harris Bill was removed and it will probably get reinserted in the House. There was a lot of discussion on Article V. He stated approximately 50-60 amendments were made in the Senate bill. The House meeting scheduled for today was cancelled and a new bill is anticipated to come out this week or next.
Upon inquiry by Commissioner Morris, Mr. Lee advised the Juvenile Justice Bill was voted out in the Senate and all of the Senators on the committee indicated that they did not like the cost shift. The House has not voted it out and said they are not in favor of that.
Discussion ensued with Commissioner Morris and Mr. Lee relative to a bill relating to the DJJ Cost Shifts being voted out by the House. Representative Adams was strongly against it.
Mr. Lee discussed with Commissioner Henley the Wekiva Parkway Bill.
Commissioner Morris stated he understands that the bill will change so many times. He stated the original Florida Statute is still in place and the alignment for Seminole County is not for a toll road. It is for a non-toll facility, which takes out the Florida Statute issue. These bills do not say whether or not they are toll roads. He stated it doesn’t seem to affect the County’s legal standing, but they need to monitor it closely.
Ms. Sherman clarified the Doris Slosberg Act for Commissioner Henley.
Upon inquiry by Commissioner Morris, Ms. Sherman advised staff will be investigating the cell phone numbers being listed and will bring it back to the Board.
Commissioner Morris stated he feels there is something they can do to inspire the State and Congressional Representatives relating to cell phones.
Mr. Lee informed Commissioner Morris that there hasn’t been any action on the bill relating to Government-owned Utilities paying taxes.
Upon inquiry by Commissioner Van Der Weide, Kevin Grace, County Manager, addressed the Board to state a work session can be scheduled relating to grading the Legislative efforts based on the performance for Seminole County residents.
Ms. Sherman advised staff can prepare a matrix on how they voted and send it to the Board on a separate report.
REGULAR AGENDA (Continued)
Jerry McCollum, County Engineer, addressed the Board to request authorization to proceed with the 4-laning of the entire Lake Emma Road widening project. The Board’s direction in 1996 was to look at 4-laning the 2-lane section when traffic counts warranted the improvement. He stated the traffic count has increased from 12,000 cars a day to 19,000. A meeting was held in February with the residents and there was an overwhelming support of 4-laning the entire project.
Motion by Commissioner Henley, seconded by Commissioner Morris to authorize Engineering Division staff to proceed with the 4-laning of the entire Lake Emma Road widening project.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Earnest McDonald, Planning, addressed the Board to present request to approve the Final Site Plan and Developer’s Commitment Agreement for a 10.35-acre parcel located at the southwest corner of Orange Blvd. and Monroe Road (CR 15), Jerry Zebrowski. He stated the property was rezoned to PCD on January 14, 2003. He said the applicant is proposing to include the following uses: Phase 1 – 100,000 sq. ft. sports bar & grille; 4,100 sq. ft. motorcycle sales & service building; and 18,200 sq. ft. covered motorcycle parking area. Phase 2 will include a 5,000 sq. ft. two-story restaurant and Phase 3 will include a 150-room four-story motel. The final site plan meets all the requirements of the development order and all applicable requirements of the Seminole County Land Development Code. Staff recommends approval of the request.
District Commissioner McLain recommended approval with the conditions of the development agreement.
Motion by Commissioner Henley, seconded by Commissioner Maloy to approve the Final Site Plan and authorize Chairman to execute the Developer’s Commitment Agreement, as shown on page _________, for a 10.35-acre parcel located at the southwest corner of Orange Blvd. and Monroe Road (CR 15), Jerry Zebrowski.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Jeff Hopper, Planning, addressed the Board to present request to approve the Final Master Plan and Developer’s Commitment Agreement for Orange Blvd. PUD located on the north side of Orange Blvd., 300 ft. west of North Oregon Street, Eric Wills/MI Homes. The Board approved the Preliminary Master Plan for the project on February 10, 2004 as well as a Small Scale Land Use Amendment to PUD. Staff finds that the Final Master Plan and Developer’s Commitment Agreement are consistent with the Preliminary Master Plan, approved Development Order and the Vision 2020 Plan. Staff recommends approval.
Upon inquiry by Commissioner Morris, Eric Wills, applicant, addressed the Board to advise he doesn’t believe he had committed to staggering the houses. He stated he typically does stagger these types of projects. He said they normally stagger them one to three feet on the setbacks, if it is appropriate with staff. He stated he has no problem including that in the staff’s recommendations.
District Commissioner McLain recommended approval of the request with the commitment of staggering the houses.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the Final Master Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _________, for Orange Blvd. PUD located on the north side of Orange Blvd., 300 ft. west of North Oregon Street, Eric Wills/MI Homes, subject to the applicant’s commitment.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mahmoud Najda, Development Review Manager, addressed the Board to request approval of a Contract with United Associates Properties, Inc. to complete the restoration of the Econ River Wilderness Area. He stated substantial portions of the property were completely inundated and the natural vegetation was destroyed. The cause of the flooding was caused by a residential development project in Orange County. The estimated cost of the restoration plan will be $115,000. The County Manager presented a conceptual funding plan to the Board on February 10, 2004 that would involve the St. Jones River Water Management District (SJRWMD) to provide $30,000 to the County and the developer to provide $60,000 in cash and in-kind services to fund the $90,000 restoration plan. Staff has negotiated a contract with United Associates to fund their responsibilities related to the restoration plan. United Associates has submitted a cashier’s check to the County and has been held pending final approval of the contract by the Board. A contract with SJRWMD will be finalized and brought to the Board in the near future. Upon approval by the Board, staff will immediately begin the process of implementing the restoration plan.
Commissioner Maloy stated it is an unfortunate situation where the County had so much property impacted. He asked staff if they were confident that this will be on the road to restoring that property and will it solve the problems out there.
Mr. Najda indicated staff feels confident that it will help to restore the wetlands.
Upon inquiry by Commissioner Henley, Mr. Najda advised it will cost approximately $35,000 to $40,000 for the County to monitor the process.
Commissioner Morris voiced his objections to the entire process. He stated he was opposed to it when the County wanted to use this retention pond. He said the process is an error that was made by the permitting agencies and a squeeze play has been put on the developer. It seems to him that there should be a better process. What they have done is negotiated behind closed doors to come up with a resolution and he feels that is not the way to come up with a resolution.
Mr. Grace stated he believes the County has done about as well on this situation as they could have done, given the circumstances.
Commissioner Maloy stated he believes this process has been going on for about a year and he feels that this was the best solution. If there is litigation, he believes it will be between the other parties.
Motion by Commissioner Maloy, seconded by Commissioner Morris to authorize the Chairman to execute a Contract, as shown on page _________, with United Associates Properties, Inc. to complete the restoration of the Econ River Wilderness Area.
Under discussion, Chairman McLain stated he feels there was no perfect solution to the problem as it was created in Orange County and they chose to stop that development. He stated he feels it is important that the County has the money in hand to start restoration of the property as soon as possible. He stated he feels that staff has done a good job in coming up with a solution and he feels confident that they have done the right thing. He said he supports the motion.
Commissioner Van Der Weide stated he supports the motion, but the main issue is whether or not the land will be restored.
Commissioner Morris stated he wishes there was a hearing officer process for this.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Suzy Goldman, Library & Leisure Services Director, addressed the Board to request approval of the Soldier’s Creek Park Expansion Master Plan; and approve Budget Amendment Request to allocate $20,000 from the General Fund Contingency to fund the design in conjunction with the trailhead.
Commissioner Henley stated he feels the parking area should have been addressed as it has been ignored in the plan. He stated if improvements are being made as well as a new parking lot for the new field, the other parking area does not need to be ignored. He said he would like to see that looked at as a solution. The other thing that concerns him is not having enough baseball fields at Jetta Point.
Ms. Goldman stated baseball fields are located at Soldier’s Creek Park, and she displayed and reviewed an aerial showing the fields that are available to the public.
Commissioner Morris thanked the Board for their support with working on this project. He stated the public has been complimenting on the improvements that has been made to this. He appreciates Commissioner Henley’s comments on the parking and he hopes that they can find the money for this as well. He stated Ms. Goldman has indicated that staff will do a comprehensive study of the number of ball fields and the number of participating players over a period of six years.
Commissioner Henley stated the cities have done a good job with their parks. The Cities of Lake Mary and Oviedo have baseball fields and those are not necessarily available for citizens in Seminole County for practice time. That is his concern and he feels it is time for an overall assessment regarding the needs and what is available.
Commissioner Van Der Weide stated it is hard for him to believe that there are areas in the County where participation has gone down for baseball fields. He stated he feels there is more need for soccer and baseball fields.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve the Soldier’s Creek Park Expansion Master Plan; and approve Budget Amendment Resolution #2004-R-59, as shown on page __________, to allocate $20,000 from the General Fund Contingency to fund the design in conjunction with the trailhead.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mark Flomerfelt, Road Operations and Stormwater Division Manager, addressed the Board to present request to approve the Vihlen Road Joint Facilitation of Public Infrastructure Agreement with Keewin Real Property and Seminole County as outlined in the Agenda Memorandum.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Vihlen Road Joint Facilitation of Public Infrastructure Agreement, as shown on page _________, with Keewin Real Property and Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
Mr. Grace introduced Betty Michel, the new Community Information Director, to the Board.
PUBLIC HEARINGS
Robert McMillan, County Attorney, distributed clarifying revisions to the proposed Gaming Ordinance (Item 41) that will be presented this afternoon.
COUNTY MANAGER’S REPORT (Continued)
Mr. Grace informed the Board that he is planning to schedule the Budget Work Sessions for Monday and Tuesday, July 19 and 20, 2004. He stated he would also like confirmation from the Board to cancel the first meeting in July.
Commissioner Morris stated he will not be attending the second meeting in June.
Chairman McLain recommended canceling the second meeting in June (June 27) instead of the first meeting in July.
Commissioner Van Der Weide agreed with Chairman McLain’s recommendation. The Board voiced no objections.
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The Chairman recessed the meeting at 10:31 a.m., reconvening at 1:30 p.m., this same date with all Commissioners (Commissioner Maloy entering late) and all other Officials, with the exception of Deputy Clerk, Eva Roach, who was replaced by Deputy Clerk, Sandy McCann, who were present in the Opening Session.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy entered the meeting at this time.
REQUEST FOR SITE PLAN REVIEW
Proof of publication, as shown on page _______, calling for a public hearing to review the Site Plan and receive public comment for Hagerty High School, consisting of 31.59 acres, located at 3225 Lockwood Boulevard, Seminole County School Board, received and filed.
Planner, Kathy Fall, addressed the Board to present the plan, advising the Special Exception for the high school was approved in 1994, with the condition that the site plan would be reviewed by the BCC in a public hearing. She further advised that staff has determined the final site plan complies with the provisions of the Interlocal Agreement to include restricted access to service, faculty and bus traffic from Old Lockwood Road; the provision of building setbacks and buffers; improvement of Lockwood Boulevard; and the Lighting Ordinance. The School Board is asking for a waiver to the sidewalk requirement along the west property line abutting Old Lockwood Road. However, staff believes that the sidewalk is necessary due to the safety concerns and the need for pedestrian circulation between the school and the abutting public right-of-way.
District Commissioner Maloy discussed the letter sent by Mrs. Rossell and questioned if there will be any landscaping provided along Old Lockwood Road where the lighting is going to be. Whereupon, Ms. Fall stated that there is no landscape buffering planned for that area. She stated the applicant will comply with the Lighting Ordinance and provide shoebox lighting.
Dianne Kramer, representing the School Board, addressed the Board to display a colored site plan (received & filed), advising they are only asking to postpone the sidewalk installation because right now there is nothing to connect it to. She stated that they can plant some trees and additional landscaping along Old Lockwood Road. She added that they have complied with all the codes. Copy of letter from Ms. Kramer requesting the delay in the installation of the sidewalk was received and filed.
Upon inquiry by Commissioner Maloy, Ms. Kramer stated they will look at putting a row of trees across from the low density residential subdivision.
Ms. Fall advised the Board that sidewalks on Old Lockwood Road are not on the County’s list of priorities. Whereupon, Chairman McLain stated he would like staff to reassess that.
Susan Tzareff, 3201 Old Lockwood Road, addressed the Board to request a buffer or wall be put along Old Lockwood Road. Whereupon, the Chairman advised Ms. Kramer has agreed to put in trees along the road.
Ms. Tzareff expressed her concern with children running into the road to recover balls and believes a fence would be prudent. Whereupon, Ms. Fall stated at this time there is no fence; however, one will be erected with the construction of the high school.
Karen Banks, 2255 Westbourne Dr., addressed the Board to state she lives on the side where the middle school currently is and she has a problem with children cutting through the homeowners association’s green area. She said she would like to see a fence along the entire south side of the school up to the front of the property.
Upon inquiry by Commissioner Maloy, County Attorney, Robert McMillan, advised the issue is whether the site plan is consistent with the Code and with the commitments made at the time of rezoning. He further advised that if it meets both, the plan is entitled to be approved.
Ms. Fall advised the Code does not require a fence along the southern side of the property. She added, however, that they will have to bring any landscaping that has deteriorated up to Code.
Ms. Kramer clarified they will take a look at Old Lockwood Road and will look at providing additional landscaping there. She said they are not willing to fence along the southern boundary. She said most of what they do with regard to fencing is to secure the interior of the campus and parking lots.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Maloy to approve the Site Plan for Hagerty High School, property consisting of 31.59 acres, located at 3225 Lockwood Boulevard, as described in the proof of publication, Seminole County School Board, with staff recommendations and the commitment to add trees and fencing along Old Lockwood Road; and to deny waiver of sidewalk requirement and request County staff to reassess Old Lockwood Road for sidewalks.
Under discussion and upon inquiry by Commissioner Henley, Commissioner Maloy stated he believes the sidewalk should be put in and staff should reassess the sidewalk priorities because it is unsafe for bicycles on Old Lockwood Road.
Commissioner Morris seconded the motion.
The motion, duly seconded, was then voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.
CONSIDERATION OF AN ORDINANCE,
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending the County Code of Seminole County to prohibit slot machines, received and filed.
Attorney McMillan advised the revised ordinance (copy received & filed) broadens the Statute dealing with gambling and specifically prohibits slot machines. Therefore, the argument that these are games of skill cannot be used.
Planner, April Boswell, addressed the Board to review that on December 9, 2003, the BCC adopted a resolution extending the duration of the moratorium imposed by Ordinance #2003-51, in order to allow staff additional time to adequately complete research, prepare applicable regulations and schedule the appropriate hearings in regard to slot machines. She said the result of that research is the proposed ordinance that is currently before the Board for consideration. She added that staff recommends approval.
Jacqueline Trevathan, 3616 Haddington Court, Apopka, addressed the Board to state because the Board expanded the regulations (prohibiting all slot machines) it made what she was going to say a moot point.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Chairman McLain stated that over the years, the Board has shown that they care about community values with things like the adult entertainment and nudity regulations; and he believes this falls in line with that.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-12, as shown on page ________, amending the County Code of Seminole County to prohibit slot machines, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a major amendment to an existing PUD agreement for the NW Oregon PUD, located on the northwest corner of the intersection of SR 46, and North Oregon Street, Kenneth Wright, received and filed.
Planner, Tina Deater, addressed the Board to present the request, advising the applicant wishes to add paint and body shops to the list of permitted uses within the PUD. The proposed amendment would also reduce the size of the approved commercial/retail tract and transition the remaining acreage to multi-family use for 154 townhouses. She further advised that the applicant has submitted a revised developer’s commitment agreement this morning and she reviewed the proposed changes and staff’s recommendations on same as outlined in the Memorandum dated March 23, 2004 (copy received & filed). She corrected the total percentage on the existing tree preservation table (copy received & filed) from 38.9% to 41.4%. She stated the staff recommends approval of the open space rate of 35% or 25.51 acres. She said the applicant is requesting a 15-foot minimum building setback on Lot 1B adjacent to the car dealership on Lot 1A and staff recommends that the 50-foot minimum setback remain. The applicant requests a 15-foot minimum building setback for the community pool and pool house on Lot 6 from the Lot 1A boundary and staff recommends that there be a minimum 20-foot setback for the pool and pool house in order to allow for a deck to be placed around the pool without encroaching into the required 15-foot buffer. Also, the applicant requests to install only shoebox-type lighting, which shall be limited to a maximum height of 20 feet on residential and commercial lots, with the commercial tract meeting requirements of the Code. She stated staff recommends that the dealership install only shoebox-type lighting and all lighting is to comply with the Code. Lastly, the applicant is requesting hours of operation of the collision center be limited from 8:00 a.m. to 6:00 p.m. She stated the staff has no recommendation on this, but the P&Z Board recommended that the hours be limited to 9:00 a.m. to 5:00 p.m. She submitted, for the Record, copies of letters and e-mail from the Lake Forest community voicing concerns about audible paging/speaker systems, balloons, inflatables, flags, banners, obtrusive lighting, and landscaping. She said the applicant has agreed that no amplification of sound will be permitted. The applicant has also agreed that other than (a) two weeks prior to the grand opening of the dealership and continuing until one month after, and (b) special promotions occurring once per year for no more than seven consecutive days, special promotions shall on any event be subject to all limitations set forth in the Land Development Code. The dealership shall not feature nor permit any tethered balloons, flags, inflatables, or banners and any tethered balloons, flags, inflatables and banners used during the permitted time period shall not exceed a height of 30 feet above ground level. There will also be no beacon or search lights permitted.
Ms. Deater continued her presentation by advising staff is recommending approval of the revised agreement based on the staff recommendation outlined.
Attorney Meredith Pickens, representing the applicant, addressed the Board to clarify that the parties have agreed to a 6-foot masonry wall instead of a screen wall. In addition, they have made several improvements to the plan, including shields on the lights along the northern boundary of Lot 1A and they have added language to the agreement that states the collision center will be self-enclosed and will have air conditioning and heating so there will only be one door on the north side of the building and it would not remain open. In exchange for those commitments, they would like to have the hours of operation for the collision center from 8:00 a.m. to 6:00 p.m. She stated both parties have negotiated extensively over the past months on the buffer between the multi-family and the dealership boundary and they propose to have two rows of trees (Magnolias & Oaks) as well as the 6-foot masonry wall, and both parties are comfortable with the 15-foot setback. She further stated that on the pool area, they are requesting a 15-foot setback and both parties are happy with that.
Upon inquiry by District Commissioner McLain, Attorney Pickens stated that with regard to the lighting, they will comply with the Code.
Attorney Ken Wright, representing the applicant, addressed the Board to advise the multi-family will be fee-ownership townhomes.
Commissioner Van Der Weide stated he agrees that the 9:00 a.m. to 5:00 p.m. operating hours is unreasonable. Whereupon, Commissioner Henley concurred with Commissioner Van Der Weide.
The Chairman recessed the meeting at 2:30 p.m., reconvening at 2:39 p.m., this same date, with all Commissioners present.
No one else spoke in support or in opposition.
District Commissioner McLain stated the reason he took the recess was because he needed to get clarification on some of the recent changes proposed.
Ms. Deater stated that based on the fact that both parties agreed with the 15-foot setback on Lot 1B adjacent to the car dealership, staff will allow the 15-foot minimum as long as the master plan is on display in the sales office of the Townhomes.
District Commissioner McLain advised the applicant has agreed to stay out of the buffer if the 15-foot minimum building setback is allowed for the community pool. He stated that he believes it is reasonable for people to drop off their cars at the collision center from 7:00 a.m. to 7:00 p.m. Whereupon, Commissioner Maloy agreed. Discussion ensued with regard to the hours of operation for the collision center.
Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt Ordinance #2004-13, as shown on page _______, approving zoning classification PUD; and to approve the Revised and Restated Developer’s Commitment Agreement, as shown on page _______, and Revised Final Master Plan for the NW Oregon PUD, located on the northwest corner of the intersection of SR 46 and North Oregon Street, as described in the proof of publication, Kenneth Wright, with staff recommendation, clarifying the following: open space is at the rate of 35% or 25.51 acres; 15-foot minimum building setback on Lot 1B adjacent to the car dealership on Lot 1A; 15-foot minimum building setback for the community pool and pool house on Lot 6 from the Lot 1A boundary with the developer to not go into the buffer area; developer to meet lighting code; and with the collision center operating hours to be from 8:00 a.m. to 6:00 p.m. with no restrictions on delivery and pick-up of cars.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman stated he would like to send a letter to the Air Traffic Manager at Orlando International Airport regarding noise abatement at the Sanford International Airport. He said there are some additional things that can be done to reduce the noise impact on the community. Copy of proposed letter was received and filed.
The Board voiced no objections to the Chairman sending the letter and copying Congressman John Mica and the Orlando/Sanford International Airport.
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The Chairman advised that the City of Sanford has asked the Board to send a letter in support of a grant from the DEP for the enhancement of the Riverwalk and Lake Monroe.
The Board voiced no objections to the Chairman sending the letter.
The following Communications and/or Reports were “received & filed”:
1. Memorandum dated 3/5/04 to BCC from Barbara Vergara, SJRWMD, re: 3/26/04 District Water Supply Plan public workshop and document review process.
2. Memorandum dated 3/2/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $50,000 for CR 426/Wilderness Trail intersection improvement project.
3. Letter dated 2/23/04 to BCC from Dannie Helm, UCF Library, re: Central Florida Memory project.
4. Notice of 3/11/04 Orlando Sanford International Airport special meeting.
5. Notice of 3/15/04 Sanford Airport Authority public meeting.
6. Notice of 3/17/04 Seminole County Port Authority (SCOPA) meeting.
7. Copy of letter dated 3/5/04 (with attachment) to Kevin Grace, County Manager, from Dana Loncar, Orlando Regional Healthcare, re: withdrawal of their pending notice to Health Secretary, Dr. John Agwunobi, of termination of trauma services at Orlando Regional Medical Center. (cc: BCC, DCMs)
8. Press release dated 3/9/04 that Seminole County Health Department will provide free breast mammograms at the Sanford clinic to County residents qualifying through income guidelines.
9. Notice of 3/24/04 City of Lake Mary public hearing re: High-Tech/Industrial Corridor Protection Area District. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
10. Notice of Senior Resource Alliance coalition meetings in March for Brevard, Seminole and Orange Counties.
11. Copy of letter dated 3/10/04 to William J. Day, Jr., US Dept. of Commerce, from Chairman McLain re: support of the East Central Florida Regional Planning Council (ECFRPC) to become an Economic Development district.
12. Copy of letter dated 3/12/04 to Dan Ping, Editor, Seminole Herald, from Pamela J. Randle re: tax incentives for Priority Healthcare Corp.
13. Letter dated 3/4/04 to Chairman McLain from John C. Hitt, UCF President, re: UCF master plan.
14. Copy of memorandum dated 3/12/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
15. Memorandum dated 3/8/04 (with attachment) to BCC from Donald L. Jernigan, Florida Hospital, re: Florida Hospital Health Issues Brief.
16. Parks & Recreation Contract, as shown on page _______, for Services for Slow-pitch Softball Umpire, Richard Zywica.
17. Parks & Recreation Contracts, as shown on page _______, for Services for Slow-pitch Softball Scorekeepers with: Brett Betris; Jada A. Bates; and Lora J. Sewell.
18. Letter received 3/15/04 to Chairman McLain from Diane Parker and Lynn W. Owen III, Seminole County Lake Mary Regional Chamber of Commerce, re: support of policy objectives of the Central Florida Trauma Center Task Force recommendations. (cc: BCC, CMs, County Attorney)
19. Letter dated 3/10/04 (with attachment) to Chairman McLain from Ronald A. Pizzuti re: new company brochure with Pizzuti-isms.
20. Notice of 3/18/04 Seminole County Public Safety Coordinating Council meeting.
21. Notice of 3/22/04 City of Sanford public hearing re: annexation of property between Rose Dr./Fern Dr. and Sanford Ave./Palm Way. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
22. Notice of 3/22/04 City of Sanford public hearing re: annexation of property between St. Johns Pkwy./CSX Railroad and Bevier Rd./Meisch Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
23. Notice of 3/22/04 City of Sanford public hearing re: annexation of property between E. SR 46/Canyon Pt. and Richmond Ave./Beardall Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
24. Copy of letter dated 2/23/04 to Kevin Grace, County Manager, from Debbie Lee and Tara Godby, Seminole County Lake Mary Regional Chamber of Commerce re: 2004 State of the County luncheon. (cc: BCC)
25. Minutes of the 2/19/04 Seminole County Public Safety Coordinating Council meeting.
26. Parks & Recreation Contract, as shown on page _______, for Services with Tennis Instructor, Christopher A. Pearson.
27. Parks & Recreation Contract, as shown on page _______, for Services with Slow-pitch Softball Scorekeeper, Ashley Elizabeth Brodwax.
28. Letter dated 3/12/04 (with attachment) to Chairman McLain from Lillie Bogan, FL Dept. of Revenue, re: Child Support Enforcement Program (CSE) $6,106.00 share of incentive funds. (cc: BCC, County Managers, Fiscal Services Director, Finance [Check and attachment])
29. Facsimile dated 3/18/04 to Deborah Schafer, Southeast Seminole County Voters Assoc., from Larry Dale, Orlando Sanford International Airport, re: responses to inquiries from The Sustainable Communities Advisory Council. (cc: BCC, Public Works Director, Planning & Development Director, Planning Manager)
30. Copy of memorandum dated 3/19/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
31. Notice of 3/26/04 US 17-92 Redevelopment Planning Agency (RPA) meeting.
32. Notice of 3/24/04 Waterfront Master Plan Steering Committee meeting for Lake Monroe in Sanford.
33. Minutes of 2/27/04 US 17-92 Redevelopment Planning Agency (RPA) meeting.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-61, as shown on page _______, commending Bonnie Carollin for her services on the Animal Control Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Morris expressed his concern about the major road project that connects Tuskawilla over to Casselberry on Lake Drive and said he believes the Board needs to have a briefing or “closed-door” session on this.
Attorney McMillan stated that he is not aware that the County has been served yet.
The Chairman suggested the District Commissioner and County Manager work together to schedule a meeting on this item.
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Commissioner Van Der Weide advised of a piece of property located next to the Seminole County Trail on the corner of Markham Woods Road and Long Pond Road that the owner (Tom Jones) is willing to give the County.
The Board voiced no objections to the County Attorney and staff initiating the process to receive the donation.
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Motion by Commissioner Henley, seconded by Commissioner Maloy to appoint Kenneth Holt to the Trails and Greenways Task Force for a term ending January 1, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Henley advised that there will be a dedication on April 15 at 10:00 a.m. at the Orlando/Sanford International Airport for the new LYNX 33 route that serves the Airport.
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Commissioner McLain requested Board approval for emergency maintenance of Rut Street in Midway, stating the maintenance is needed for access requirements. He further stated that he will be working with staff and discussing paving options for Rut Street, Garbo Jack, O’Neal Street, Eudell Drive, Church Street, and a portion of 18th Street.
The Board voiced no objections to the emergency maintenance.
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Commissioner Maloy stated it was nice to see Chairman McLain attend his church’s “wild game” dinner recently.
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Commissioner Morris commented that the recent Seminole County Prayer Breakfast was an outstanding event.
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The Chairman adjourned the meeting at 3:00 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
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