BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 25, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, March 25, 2003, 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 Sandy McCann
The Invocation was given by Pastor Jim Bradshaw, 1st United Methodist Church, Sanford.
County Manager, Kevin Grace, led the Pledge of Allegiance.
Chairman McLain convened the meeting of the U.S. Hwy. 17-92 Community Redevelopment Agency (CRA).
Kevin Fall, Economic Development, addressed the Board to present the request of the U.S. Hwy. 17-92 Redevelopment Planning Agency (RPA) for CRA funds in the amount of $48,991 to complete the Fern Park Hardscape/Streetprint project, which includes the intersections at O’Brien Road, Spartan Drive and Lake of the Woods Boulevard.
Upon inquiry by Commissioner Maloy, Mr. Fall advised these improvements will not be disturbed if the State decides to do their drainage work.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize appropriating $48,991 of U.S. Hwy 17-92 CRA Funds to complete the Fern Park Hardscape/Streetprint Project as recommended by the U.S. Hwy. 17-92 Redevelopment Planning Agency.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Fall advised the invitation to bid for the Farmer’s Market Project went out and they will be holding their pre-construction meeting within three weeks.
The CRA meeting was then closed.
AWARDS & PRESENTATIONS
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-65, as shown on page _______, proclaiming the week of April 6-12, 2003 as “National Library Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Elizabeth Harper, President of the Friends of the Library, who addressed the Board to express her appreciation for the Board’s support.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-67, as shown on page _______, proclaiming the week of April 6-12, 2003, as “National County Government Week” in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Administrative Aide, Gretchen Walker, who addressed the Board to express her appreciation and to outline the events scheduled for the week.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-66, as shown on page ________, proclaiming April 10, 2003 as “Volunteer Appreciation Day”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to DCM, Sally Sherman, who addressed the Board to thank them on behalf of the many volunteers.
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Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt appropriate Resolution #2003-R-68, as shown on page ________, in recognition of Claire Lavin as the “Artist of the Year”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ms. Lavin, who addressed the Board to express her appreciation for the resolution and for their support of the arts in Seminole County. Information folder from the Seminole Cultural Arts Council, Inc. was received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
7. Approve proposed settlement relating to Parcel No. 161 of the Airport Boulevard, Phase III, road improvement project, located at 707 Bevier Road, Sanford, Talley, in the amount of $192,000.00, inclusive of land value, statutory interest, attorneys fees and expert cost reimbursements.
8. Approve negotiated settlement of expert costs relating to Parcel No. 106 of the East Lake Mary Boulevard Segment 1 road improvement project, located at the northeast corner of the intersection of East Lake Mary Boulevard and Mellonville Road, Abdulhussein, in the amount of $7,850.00.
Property Acquisition
9. Approve and execute Subordination of Utility Interest Agreement, as shown on page _______, between the County and Florida Power Corporation, d/b/a Progress Energy Florida, Inc., relating to Parcel Number 123 and 127 of the Wymore Road improvement project.
10. Approve purchase and accept Quitclaim Deed, as shown on
page ________, relating to Parcel
202 of the East Lake Mary Boulevard Phase IIB road improvement project, located
near the entrance to the Sanford Airport and just east of Pennsylvania Avenue, CSX Transportation, Inc., in the
amount of $10,078.00 with no attorneys fees.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sherrie Sitarik, Executive Vice President of Orlando Regional Medical Center, addressed the Board to give a presentation on ORMC’s Level I Trauma Center. She advised the center has been operating since 1983 and has served 10,000 patients last year, of which 3,500 were in the most serious condition when admitted. She stated that 20% of those patients are pediatrics and 9% are from Seminole County. She reviewed with the Board what is causing the problems with the center, citing loss of manpower (doctors), reduced reimbursement to physicians and loss of time away from private patients. Other factors are premium increases for high-risk specialists who work in trauma, inability to recruit and retain physicians and a shortage of specialty physicians. She said they need a sustainable solution to fix the entire trauma system and must have the cooperation of local, regional and state governments. She outlined their proposed short-term solution (12 months), which would include funding for eight critical sub-specialties support (surgery, orthopedic surgeons, neurosurgeons, etc.) and the long-term solutions, including funding to support employment of eight critical sub-specialists and additional contracted sub-specialists (anesthesiologists, radiologists, plastic surgeons, etc.). She stated that they are seeking local and state cooperation with funding, sovereign immunity and medical liability reform. In closing, she said that ORMC is committed to the trauma center and they do not want to get out of it because they believe it is a benefit to the community. However, if they do not obtain funding, this is something that they will not be able to continue with.
Upon inquiry by Commissioner Henley, Ms. Sitarik advised the trauma center is operating at a loss.
Commissioner Henley stated before he commits any funding, he would like to have more specific information and numbers. He referred to some newspaper articles regarding this situation.
Ms. Sitarik stated that a lot of the stories are misleading. She added that they have had a difficult time keeping the trauma center open the last two years.
Dr. Timothy Bullard, ORMC Chief of Medical Staff, addressed the Board to state the Board will be hearing many things from the press - a lot accurate and a lot not accurate.
Chairman McLain stated the Board understands there is a crisis with malpractice insurance and they are sympathetic to that.
Commissioner Morris stated the Board needs to understand that they need to be at the table so that they can make an intelligent decision. He said he believes it is a crisis and it is a valuable service and that the County needs to have someone working closely with ORMC.
Chairman McLain directed staff to get up to speed on this issue. Whereupon, Mr. Grace advised DCM, Rob Franks, will be the liaison with ORMC.
Commissioner Van Der Weide stated they all recognize that this is a crisis, but as a commissioner representing the citizens of Seminole County, he has to agree that this is a new ballgame and the County has no structure set up, that he knows of, that could fund this at the local level. He said he believes the big issue is tort reform because that is what is running the doctors away. He added that he is sure the Board will help support legislation at the State level for that reform.
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The Board recognized Marie McGabbrey, Claire Lavin’s mother, who was celebrating her 90th birthday.
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The Board recessed at 10:25 a.m., reconvening at 10:36 a.m., this same date.
DCM, Sally Sherman, requested adoption of a
resolution requesting the Governor’s Office to reconsider reducing the funding
for the Juvenile Justice Services and Prevention/Intervention Programs.
Deputy Mark Brady, Sheriff’s Office,
addressed the Board to state the Board has been leaders in the juvenile
assessment area and he wants to make sure the State does not punish the County
for being progressive.
Motion by Commissioner Morris,
seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-69, as
shown on page _______, requesting the Governor’s Office to reconsider its
proposal to reduce current funding levels for CINS/FINS and misdemeanor
assessments and the elimination of misdemeanor probation and predisposition detention
costs at the State level.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Sherman presented proposed resolution
requesting the Governor to reinstate full funding of the State Housing and
Local Government Housing Trust Funds.
She advised the State is proposing to eliminate $31.8 million from the
State Housing Trust Fund and $62.7 million for the Local Government Housing
Trust Fund. The immediate impact on the
County would be reductions of County SHIP funds in the amount of $1,562,714 for
FY 03/04.
Commissioner Henley stated he would like to
see supporting data attached to any resolution that is sent to the Legislative
Delegation.
Motion by Commissioner Henley,
seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-70, as
shown on page _______, requesting the Governor’s Office to reinstate full
funding of the State Housing and Local Government Housing Trust Funds.
Districts 1, 2, 3, 4 and voted AYE.
LEGISLATIVE
BRIEFING
Assistant County Attorney, Steve Lee,
addressed the Board to update the Board with regard to the following: License Plates on County Vehicles; Building
Permit Fees; Revenue Estimating Conference; Wireless 911; Health Care,
Annexation; Lynx & MetroPlan; and Wekiva River Protection Area. Copy of revised Agenda Memorandum was
received and filed.
Discussion ensued with regard to the
proposed bills for LYNX and MetroPlan.
Commissioner Henley stated those bills give
total control of LYNX to Orange County and he does not believe any one county
should have control over the others. He
said this is nothing but a power grab and he hopes the Board continues with
that message.
Chairman McLain said he believes the Board
should send a clear message that with all the problems the State is having with
their own budget, they do not believe this is the time to be messing with the
local agencies. He added that if those
bills go forward, he agrees that Seminole County should be struck from the
bills.
Commissioner Maloy stated he is opposed to
the bills entirely.
The Board, by unanimous consensus,
directed staff to oppose Senator Constantine’s bill proposing to merge LYNX and
MetroPlan and relay that should the bill go forward, Seminole County will be
struck from the composition of the new agency.
Discussion ensued with regard to the
proposed bills regarding the Wekiva River Protection Area. Attorney Lee advised that with regard to the
Wekiva Parkway, the Seminole County Expressway Authority’s input is limited to only
funding alternatives and the final decisions regarding the route and
interchanges are to be made by the Orlando-Orange County Expressway Authority
and FDOT. He further advised that the
bill does not specifically define the Wekiva River Protection Area. He added that he believes the bill might be
unconstitutional, but he has not done enough research to confirm that.
Chairman McLain stated he believes the
Board needs to oppose these bills.
Commissioner Morris advised that the
Chairman and he will be attending meetings in Tallahassee together and asked
the County Manager to make sure notice is given for “sunshine” purposes.
The Board, by unanimous consensus,
directed staff to oppose Senators Constantine and Webster’s bill dealing with
the Wekiva River Protection Area, stating that it strips the Seminole County
Expressway Authority’s Authority from making alignment decisions on toll roads
in Seminole County.
Upon inquiry by Commissioner Maloy,
Attorney Lee advised he has spoken with the County’s Lobbyist, Mr. Brantley,
and he was dumbstruck over the proposed bill.
Upon inquiry by Mr. Grace, the Chairman
advised the staff should oppose the Healthcare bill and any other bill that
imposes mandates on the County.
Commissioner Morris suggested staff review
the Palm Beach County property tax bills model. He said they show the amount that has been deferred from the
State to the local government. The
Chairman requested staff review same.
COUNTY MANAGER’S
REPORT
CONSENT AGENDA
The Chairman advised that Item #18, BCR
#03-40 should read $134,014 and not $131,014.
Motion by Commissioner Maloy,
seconded by Commissioner Henley to approve and authorize the following:
Environmental Services
Planning, Engineering & Inspections
14. Approve and authorize Chairman to execute the Termination of Temporary Easement Agreement, as shown on page _______, with The Viera Company and Seminole County (Oviedo Crossing, Phase 3).
Solid Waste Management
15. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Affordable Tire, Inc.
16. BCR #03-38 – $34,920 – Judicial – County Court – Fund: 12401 – County Court Facilities Fees Fund. This transfer of funds is requested to fund the purchase of video/audio recording equipment pursuant to Florida Statutes 741.30(6)(h) that specify that hearings and related court matters must be recorded starting January 2, 2003.
17. BCR #03-39 – $65,000 – Administrative Services – Facilities Maintenance – Fund: 00100 – General Fund. Additional funding will be needed for the County Services Parking and Drainage Improvement Project. Funds are available in the utility account line for Facilities Maintenance. This is contingent upon BCC approval of the Administrative Services’ item on the regular agenda (Interlocal Agreement with the City of Sanford).
18. BCR #03-40 – $265,392 – Public Works – Engineering – Fund: 10101 – Transportation Trust Fund. The Department of Public Works conducted an interim evaluation of the previously authorized minor Road Program projects rebudgeted into the current fiscal year under the Transportation Fund. An accounting adjustment of $134,014 between several of these minor projects is necessary to fund completion of the projects. An additional $134,014 is returned to Transportation Fund Reserves. New projects are funded under the 2001 Renewed Sales Tax.
19. BCR #03-41 – $48,991 – Economic Development – US 17-92 CRA – Fund: 13300 – US 17-92 CRA fund. Additional funds to complete the Fern Park Hardscape/Street Print project. This project is an approved project in the FY 02/03 budget. Funds are available in the Professional Services undesignated account line.
20. BCR #03-42 – $6,070,000 – Public Works – Engineering – Fund: 11541 - Sales Tax (2001)/11500 - Infrastructure Tax (1991)/12601 – Arterial Impact Fee funds. This budget change allocates funding to initiate preliminary design for the SR 434 and SR 436/Red Bug projects as presented in the Transportation Briefing presented to the Board on February 25, 2003. Funding is also being allocated for a minor drainage/road reconstruction project on Airport Boulevard in Sanford, for general engineering services for the Post-Buckley contract recently awarded by the Board, and for traffic calming devices as part of the Dyson Drive Sidewalk project.
21. Budget Amendment Resolution #2003-R-71, as shown on page _______, ($2,501,631) – Planning & Development: Funds: 12097, 12098, 12099, 12000, 12001, 12002 and 12003 – SHIP Fund. To reconcile fund balances to the General Ledger. SHIP funds may only be recorded in the most recent three fiscal years. This BAR eliminates fund balances from prior fiscal years, recognizes cash balances in the current fiscal year, and adjusts totals to equate state fiscal years to county fiscal years. All adjustments are requested based on auditor recommendations and do not constitute a decline in SHIP award availability.
MSBU
22. Approve and authorize Chairman to execute Satisfactions of Lien, as shown on page _______, for Ramzi Nassar for the Springs Landing Street Lighting Construction MSBU, and David E. and Suan E. Rhodes for the Coach Light Estates Street Lighting Construction MSBU.
23. Award CC-1203-03/BJC Contract,
as shown on page _______, Continuing Contract for Painting Services and
Miscellaneous Repairs to Angel-Brite Inc., Altamonte Springs (Not-to-Exceed
$100,000.00 per year).
24. Approve Change Order #1, as
shown on page _______, to CC-1183-02/BJC – Northwest Regional Wastewater
Treatment Facility Reclaimed System Improvements & State Road 46 Transmission
Main Water, with CenState Contractors, Inc., Winter Haven ($172,861.00).
25. Approve Change Order #2, as shown on page
_______, to FC-1172-01/BJC – Consumers Water Treatment Plant Installation of
Well #7, with Jaffer Associates, Ltd., Miami ($170,551.85 – deductive change
order) (Time Extension).
26. Accept and authorize the Chairman to execute
the Certificate of Completion, as shown on page _______, for FC-1163-01/BJC -
Seminole Wekiva Trail, with Gibbs & Register, Inc., Winter Garden.
27. Award RFP-4172-02/JVP – Scale House Management
System to Carolina Software, Wilmington, NC ($121,167.70).
28. Approve Amendment #1, as shown on page
_______, to RFP-4179-02/BJC – Installation of Strand Hybrid Fiber Optic Cable
for the Sanford River Walk Project with Harris-McBurney Company, Tampa
($3,843.50).
29. Approve Amendment #2, as shown on page
_______, to M-248-01/BJC – Design and Construction Administration Phase of the
repairs to the Sheriff’s Office and Public Safety Building Remediation Project,
with Wiss, Janney, Elstner Associates, Inc., Atlanta, Georgia (Time Extension).
32. Approve and authorize Chairman to execute the
First Amendment, as shown on page ________, to the Subrecipient Agreement with
Meals on Wheels Etc., Inc. for the SHIP-funded Emergency Housing Repair
Program.
33. Approve and authorize Chairman to execute
“Subgrant Agreement for Equipment for Florida Strategy”, as shown on page
________, between Seminole County and the Florida Department of Community
Affairs.
34. Approve and authorize Chairman to execute
Agreement, as shown on page _______, between the State of Florida Department of
Community Affairs and Seminole County to receive a grant for $75,000.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Morris to approve and authorize the
following:
CLERK’S OFFICE
41. Expenditure Approval Lists, as shown on page
_______, dated March 4 & 11, 2003; and Payroll Approval List, as shown on
page _______, dated February 27, 2003.
42. Chairman to execute the following
Satisfactions of Judgment for Public Defender Application Fees, Court Costs
& Affidavit of Indigency Fees:
Earl Bramlett, Case #97-71-CFA - $183.68
Freddy Lee Brown, Case #00-4185-CFA - $368
Jon Anthony Brynteson, Case #93-99-MMA - $202
Tammy E. Combee, Case #99-2322-CFB - $328
Richard Giacoma, Case #01-3596-CFA - $368
Ernest Arthur Stickle, Case #97-6618-MMA - $110
Brian Thompson, Case #02-2630-MMA - $40
Vashti Lynn Whaley, Case #01-1893-CFA - $40
43. Chairman to execute Satisfaction of Judgment
for Bail bond Lien for Mark Sterling Izzi & Accredited Surety &
Casualty in the amount of $201.
44. Chairman to execute the following
Satisfactions of Judgment for Public Defender Liens:
Andera Patrice Beard, Case #02008659MM
- $260
Brandon S. Bunch, Case #01002646CFA -
$200
Patricia Ann Carlton, Case
#02011712MMA - $100
James O. Delcher, Case #00006006MM -
$200
Elvin Domingo Delgado, Case
#01005254MM - $200
Harvey Richard Fekeith, Jr., Case
#02009603MM - $100
Robert E. Frye, Case #02003054MM -
$250
Kathy Garris Gilliam, Case #01004004MM
- $200
Diana Lynn Joubert, Case #02003897MM -
$250
Ty E. Langford, Case #02011983MM -
$100
Joshua William Lynn, Case #02001494MM
- $250
Shannon E. Macht, Case #00003789MM -
$200
Calvin McKenzie, Case #02008295MM -
$260
Regina R. Molina, Case #01001099CFA -
$350
Victoria J. Nofsger, Case #00000323CFA
- $200
David Allen Piechocki, Case
#96007011MM - $200
Damon A. Pollard, Case #02000047MM -
$260
Cheree Herzberg Priest, Case
#02010520MM - $100
Jennifer L. Smith, Case #94003340MM -
$200
Joseph Todd Spencer, Case #02001430MM
- $250
Miguel A. Velleda, Case #01013273MM -
$250
Shaun Fitzpatri Vintimilla, Case
#02011814MM - $100
45. Official Minutes dated February 25, 2003.
SHERIFF’S
OFFICE
46. Expenditure from the Law Enforcement Trust
Fund in the amount of $18,750 as follows:
(1) $1,000 to the YMCA for the Youth Scholarship Program; (2) $1,000 to
Teen Challenge of Florida, Inc.; (3) $16,750 to the “Take Stock in Children”
Mentoring and Scholarship Program administered by The Foundation for Seminole
County Public Schools, Inc.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received &
filed”:
1. Maintenance Bond #B21868147, as shown on page _______, in the amount of $2,264.20 for Lake Forest Section 18 and Maintenance Bond #B21868140 in the amount of $2,008.40 for Lake Forest Section 19.
2. Development Orders, as shown on page _______, as follows: #02-31000013, Tim & Jill Voss Mobile Home; #02-30000187, James Parsons, Sr. Variance; #02-30000188, James Parsons, Sr. Variance; #02-30000185 James Parsons, Sr. Variance; #02-30000186, James Parsons, Sr. Variance; #02-30000131 Royce Hart Variance; #2-32000025 Nelson Blackmore Special Exception; #03-30000002, Jack & Carol Rosier Variance; #03-3000005, Robert Mott Variance; and #02-30000125 Jennifer Lewis Variance.
3. Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, re: Planning & Development Documents.
4. M-358-03 Sprinkler System Installation Agreement, as shown on page _______, American Eagle Irrigation.
5. First Amendment to Work Order #3, as shown on page _______, to PS-544-99.
6. Second Amendment, as shown on page _______, to PS-578-00.
7. Change Order #3, as shown on page _______, to FC-1159-01.
8. Change Order #9, as shown on page _______, to FC-1123-00.
9. Third Amendment, as shown on page _______, to Work Order #6 to PS-534-98.
10. Third Amendment, as shown on page _______, to Work Order #7 to PS-534-98.
11. Third Amendment, as shown on page _______, to Work Order #8 to PS-534-98.
12. Third Amendment, as shown on page _______, to Work Order #9 to PS-534-98.
13. Work Order #6, as shown on page _______, to PS-5129-02.
14. Work Order #2, as shown on page _______, to PS-5102-01.
15. Work Order #3, as shown on page _______, to PS-5109-01.
16. Work Orders #56 & #57, as shown on page _______, to FC-1139-00.
17. M-354-03 Consultant Services Agreement, as shown on page _______, Criminal Justice Office and Diocese of Orlando.
18. M-357-03 Fire Tank Retrofit Services Agreement, as shown on page _______, Wiginton Fire Systems.
19. Work Order #15, as shown on page _______, to PS-574-00.
20. Work Order #3, as shown on page _______, to PS-5129-02.
21. Work Order #1, as shown on page _______, to RFP-4165-02.
22. Work Order #5, as shown on page _______, to PS-5129-02.
23. M-359-03 Engineering Services Agreement, as shown on page _______, Bowyer-Singleton & Associates.
24. Memorandum to BCC from Kevin Grace, County Manager, re: Capital Project Fund Transfer for Tele/WAN Development.
25. Notice of Cancellation of Hearing to All Water/Wastewater Utilities and All Other Interested Parties, re: Docket #030005-WS.
26. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Colonial Realty Ltd. Partnership for the project known as Colonial Town Park SunTrust Bank.
27. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Colonial Reality Ltd. Partnership for the project known as Colonial Town Park Ph. 2 Bldg T1.
28. Conditional Utility Agreements, as shown on page _______, for water and sewer service with BVC Properties, LLC for the project known as Bougainvillea Clinique.
29. Bill of Sale, as shown on page _______, accepting water and sewer system within the project known as Chase Town Homes Ph. 2.
30. Satisfactions of Connection Fees, as shown on page _______, for the project known as Autumn Chase and Oregon Trace.
31. Utility Agreements, as shown on page _______, for water and sewer service with Lake Mary LLC for the project known as Park Place @ Heathrow-Fish Bones.
32. Conditional Utility Agreements, as shown on page _______, for water and sewer service with George & Sandra Kanistras and Horace & Barbara Andrews for the project known as AK Business Center.
33. Conditional Utility Agreements, as shown on page ________, for water and sewer service with Duke-Oakmonte, LLC for the project known as ITT Business Training Facility.
34. Bills of Sale, as shown on page _______, accepting water and sewer systems within the projects known as Lake Forest 18 and 19.
35. Bids, as shown on page _______, as follows: CC-1203-03 and RFP-4180-03.
REGULAR AGENDA
Planning Manager, Matt West, addressed the
Board to request direction with regard to the Kirchhoff Outdoor Advertising
Sign Permit Application.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Morris to affirm staff’s decision to deny the
applicant’s request (Kirchhoff) for a billboard construction permit.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Community Resources Manager, Colleen
Rotella, addressed the Board to request direction with regard to the
acquisition of Clifton Springs. She
advised two appraisals were done on the property and an initial offer of
$445,500 (7.3 acres) was made in December, 2002. The property owners did not accept the offer and over the course
of the last month, a number of issues have come up and they are now at an
impasse. She said the only offer
acceptable to the owners is $510,000 for only a portion of the property (Lots 1
& 8 less a portion of the west bank of the spring runs - 4.54 acres).
Commissioner Morris commended the Board and
staff for working on this issue. He
said this is a lovely piece of land, but the acquisition is not working because
of the price.
Motion by Commissioner Morris,
seconded by Commissioner Van Der Weide to reaffirm the County’s original offer
of $445,500 and if not accepted, to direct staff to drop the proposal for
purchase of Clifton Springs.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der
Weide, seconded by Commissioner Morris to approve Agreement, as shown on page
_______, with Public Consulting Group (PCG), Inc. to make application,
implementation and monitoring with DCF for the TANF 2 for 1 Community
Partnership Matching Grant Program; and authorize the Chairman to execute all
related agreements and documents.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Facilities Manager, Speed Thomas, addressed
the Board to present the Interlocal Agreement with the City of Sanford for the
joint use of 600’ of a 60” storm sewer pipe.
Motion by Commissioner Maloy,
seconded by Commissioner Morris to authorize the Chairman to execute Interlocal
Agreement, as shown on page _______, between Seminole County and the City of
Sanford regarding the joint use and funding of an off-site drainage improvement
associated with the County Services Building Parking and Drainage Improvements
Project (CC-1191-02/BJC).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Morris, seconded
by Commissioner Henley to authorize staff to negotiate a two phase agreement
for the conversion of overhead power lines to underground lines on U.S. 17-92
in front of the Criminal Justice Center; and authorize the Chairman to execute
the necessary Agreement, as shown on page _______, for the first phase (conduit
installation) at a not-to-exceed cost of $38,509.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Administrative Services, Jamie
Croteau, and Support Services Manager, Meloney Lung, addressed the Board to
request direction with regard to the space needs for the Supervisor of
Elections. Ms. Lung advised that
Reflections has provided additional information and have lowered their rate to
$10.70 a square foot and will reduce, by one dollar, what the County is already
paying for Environmental Services and Public Works. She advised that a long-term option would be to design and
construct a new 120,000 square foot Development Services Building at Five
Points. Upon completion, the Supervisor
of Elections could move into the space vacated by Planning and Development on
the first and second floors of the County Services Building. This option would take 3 to 5 years.
Supervisor of Elections, Sandy Goard,
addressed the Board to state she provided the Board with her office’s needs
during the last meeting. She reiterated
that she needs a 20,000 square foot office in the County seat and be able to
relocate no later than the second week in April, 2004. She added it is her belief that in order for
her operations to be effective, they need one location on ground level.
Commissioner Maloy questioned if the
Orlando/Sanford Airport Authority was interested in doing a lease shorter than
20 years.
Orlando/Sanford Airport Authority
President, Larry Dale, addressed the Board to advise they will consider a
10-year lease with options and the price would be the same at $6 a square
foot.
A brief discussion ensued with regard to
having a satellite office.
Commissioner Henley stated that after speaking
with staff, he is not willing to vote to support building a facility at the
Airport. He said he believes it
behooves the Board to look at the long-range needs of the County and not just
for the coming year. He said he would
like to look at the possibility of leasing an additional 5,000 square feet of
warehouse space and would like to instruct staff to do a needs update on space
for the entire County. He also
suggested the Elections Office look at storage at Iron Mountain.
Chairman McLain stated the Board has a
responsibility to provide adequate facilities for the Elections Office; and he
believes the space is needed, and the Airport is an appropriate location. He added he believes the Airport property is
the best offer available.
Commissioner Morris suggested continuing
this issue for two weeks in order to study the two options he believes has
merit and that is the Airport location and the Reflections location.
Upon inquiry by the Chairman, Mr. Dale
stated the two-weeks delay could be a problem in making sure the building is
completed in time for Ms. Goard’s timetable.
Commissioner Morris stated in the 2-week
timeframe, the staff can get the Reflection’s offer in writing and see if the
Airport can agree to a 5-year lease.
Commissioner Van Der Weide stated he does
like the idea of a space study for the County’s long-term needs. He agreed with the 2-week continuance,
stating he would like to see specific figures.
The Board, by unanimous consensus,
continued for two weeks consideration of the space needs for the Supervisor of
Elections and directed staff to look at the proposals received from the
Orlando/Sanford Airport and the Reflections landlord.
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The meeting was recessed at 11:45 a.m.,
reconvened at 11:55 a.m., this same date.
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The Board continued consideration of the
Architectural & Engineering Agreement for the Convention Center until this
afternoon’s meeting.
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County Engineer, Jerry McCollum, addressed
the Board to review staff’s recommendations for the Florida Power & Light
Company’s East Lake Mary Boulevard permit request. He stated staff has worked with representatives from FP&L and
the Orlando/Sanford Airport over the last three months. He advised that with regard to the Sanford
Avenue to Ohio Street segment, staff recommends that the utilities not be
installed underground. With regard to
the Ohio Street to Marquette segment, staff recommends that utilities be put
underground. He said the Airport has
agreed to pay for half the cost. With
regard to the third segment, Orlando/Sanford International Airport Entrance to
SR 415, FP&L has agreed to withdraw their permit application at this time
and discuss this segment with the County over the next couple of months.
Commissioner Morris complimented staff and
the FP&L representatives for working with the Board on this issue.
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide to accept staff’s recommendations with
regard to the permit request by Florida Power & Light Company for East Lake
Mary Boulevard as follows: (1)
Underground utilities not be installed on the segment from Sanford Avenue to
Ohio Street; (2) Approve installation of underground utilities from Ohio Street
to Marquette Avenue; and (3) Direct staff to continue negotiations regarding
the segment of Orlando/Sanford International Airport Entrance to SR 415.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
The Chairman announced that Item #55,
Florida Turnpike Enterprise Presentation, and Item #57, Katie’s Landing
Management Plan, will be continued until this afternoon’s meeting.
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The Board continued until April 8, 2003
discussion regarding the Five-Year Budget Projects FY 2003 to FY 2007.
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The Chairman recessed the meeting at 12:00 noon, reconvening at 1:31 p.m. with all Commissioners, with Commissioner Morris entering late, and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Chairman McLain advised a couple items were continued from the morning agenda and those will be handled first prior to the public hearings.
Jamie Croteau, Administrative Services Manager, addressed the Board to request approval and authorization for the Chairman to execute the Architectural and Engineering Agreement with Burke, Hogue, and Mills for design services related to the Convention Center.
Ms. Croteau asked Cindy Hall, Fiscal Services Director, to give an update to the Board on the financial status of the Tourism Development Fund.
Ms. Hall addressed the Board to state she has shown on the “Convention Center” handout distributed (copy received and filed) two different scenarios on the size of the building and the debt that would be paid for the bonds for each size. She reviewed this information. She also showed and reviewed the current obligations to the Zoo and Stadium. She advised a deficit is currently shown in both scenarios for the TD fund and this is because the Tourist Development revenues have declined. She said a couple years ago when they first started discussing the Convention Center, they were looking at approximately $700,000 per penny. That figure is now down to about $550,000 per penny. This makes a substantial change to what the fund looks like. She wanted the Board to be aware of this as they consider the A & E Agreement today.
Upon inquiry by Commissioner Henley, Ms. Hall said the costs for the Construction Manager at Risk, Architect, and Owner’s Representative are not reflected in the current operations figure. Mr. Grace stated they are reflected in the debt service; those amounts would come out of the bond money.
Ms. Croteau advised the contract has been done in phases, and the first phase is programming and schematics. If the Board approves the contract, they would go immediately into that phase. She said the total contract is $1.2 million.
Commissioner Maloy asked what is the status of the joint parking lot with the City of Sanford. Ms. Croteau stated the City of Sanford is trying to gain financing for the parking lot. They have estimated they need approximately $6 million. The City has a commitment for $205,000.
Mr. Grace said, as they move forward, staff still plans to come back to the Board in May, as directed, to show the Board how they can fund the parking up front.
Commissioner Maloy asked if there is a provision in this agreement to put this on hold until all the parking is worked out. Ms. Croteau advised the same holdover clause is in this contract, providing that the project can be put on hold for 12 months. It does not affect the termination clause. There is also the option that the firm selection would still stand. If it’s two years later, the Board could reactivate with the same firm selected and renegotiate.
Upon further inquiry by Commissioner Maloy, Ray Hooper, Purchasing Manager, addressed the Board to state if the contract is awarded today, it could be placed on hold tomorrow and the Board would not incur any cost. For six months, they could terminate the contract at no cost. After a one-year hold period, they would have to be fair and reasonable and would probably have to compensate the contractor.
Jay Marder, Director of Planning and Community Development for the City of Sanford, addressed the Board to state they are pleased they were able to obtain a federal earmark for the parking garage for a little over $200,000 for the purchase of land. He said that means the City is in a very good posture to continue to draw down several million dollars each year for succeeding years. He said they are also trying another avenue for a source of federal funds. He said this commitment from Congressman Mica is very positive.
Commissioner Morris stated the Board will ultimately have to face the decision of build or no build, based upon the parking garage and hotel issues. Moving forward with the design scenario to see what the real costs are, using the architect, seems to him to make sense at this point. They will face somewhere the problem with the build/no build scenario when they learn the information. Without that information they can’t move forward to build, but they can move forward with the design and perfecting the design.
Commissioner Henley stated he questions the wisdom of moving forward with the design until they know whether they can build or not. This could be money “down the drain.”
Whereupon, Chairman McLain said Ms. Croteau pointed out that a hold could be put on the contract.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the A & E Agreement with Burke, Hogue, and Mills for design services related to the Convention Center.
Under discussion, Commissioner Van Der Weide said he thinks they are in the same situation as they were with the previous contract. They can hold or stop it. He is still optimistic that they are in a temporary slump. He doesn’t think they build public projects based on a down turn of six months or less based on revenues that could turn around very quickly.
Commissioner Maloy stated to him it doesn’t make sense to move forward. He said they don’t have the money, the parking lot hasn’t been worked out, and there is no hotel. He said these are major issues, and they are moving forward with a $1.2 million contract, and there are some big gaping holes in this. He doesn’t think it is prudent to move along at this point without having those major issues solved.
Districts 2, 3, and 5 voted AYE.
Commissioners Maloy and Henley voted NAY.
Commissioner Morris asked if Mr. Grace had a recommendation on putting the contract on hold. Mr. Grace said staff need to provide to the Board in May what’s needed as far as the parking. Ms. Croteau suggested moving forward with the programming portion, which will cost about 12% of the first phase, $150,000. That should give the information on the size of the building, the initial cost, and the parking requirements.
Commissioner Morris stated they need to have these people on board, even if they get another location.
Commissioner Van Der Weide said he thinks the May meeting will be where “the rubber hits the road”, one way or another. He said he still has confidence that Sanford will work it out.
Motion by Commissioner Morris to authorize the programming phase as recommended by staff and hold further on the contract until May.
Under discussion, Ms. Croteau asked to amend the contract to stub out the first phase into two different phases, and authorization to bring this back to the Chairman for signature.
Commissioner Morris stated this will be an automatic freeze of the contract, after the programming phase, unless the Board releases the freeze.
The motion was seconded by Commissioner Van Der Weide.
Under further discussion, Commissioner Maloy clarified with staff that this would be $150,000 out of the Tourism budget for the programming. Commissioner Maloy said with the enormous problems of this project, he still can’t see how the Board can justify spending this amount of money when it’s quite clear that there are major deficits in the future. He said the marketing budget is going to be wiped out for the facility.
Commissioner Morris said he understands the concerns of Commissioners Maloy and Henley, but the issue is also that a majority of the Board believe that a conference center facility should be built in the County. The information obtained still could be used to benefit, even if it is not built in downtown Sanford, which could permit an alternative that could take care of the hotel site and the parking and other issues.
Commissioner Henley said he is not sure if, in the event, the center went to another location that all of what the Board is doing now would be transferable. There could be other problems presented by a different size and location. Even the time schedule could be affected. He said partnering with someone else could render what the Board is doing as useless.
Districts 2, 3, and 5 voted AYE.
Commissioner Maloy and Henley voted NAY.
County Engineer, Jerry McCollum, addressed the Board to introduce Matthew Click, Florida’s Turnpike Enterprise, to make a brief presentation on the Volusia County/Seminole Corridor Study. Copies of the slide presentation were received and filed.
Matthew Click addressed the Board and introduced other members of the Enterprise staff, Michael Lewis, Co-Project Manager, and Kathryn Bradley. Mr. Click said the Commissioners have all seen the presentation, so he will review it quickly.
Commissioner Morris left the meeting at this time.
Mr. Click said to date, the Enterprise has spent about $300,000 in staff resources to do this study in both Counties. He reviewed the following topics: “Planning Study Focus”; “Planning Study Timeline”; “Phase 1 Activities”; “Phase 1 Findings”; “Phase 1 Findings Original Study Area”; “Phase 1 Findings Physical Constraints Existed North of SR 44”; “Phase 1 Findings Environmental Constraints Existed South of SR 442”; “Phase 2 Activities”; “Phase 2 Findings Alternative 1”; “Phase 2 Findings Alternative 2”; “Phase 2 Activities Potential Interchanges, Alternative 1”; “Phase 2 Activities Potential Interchanges Alternative 2”; “Phase 2 Activities Potential Interchanges Alternative 3”; “Planning Study Findings - Transportation Need”; “Planning Study Findings - Local Support”; “Planning Study Findings - Environmentally Sound”; and “Planning Study Findings - Economic Feasibility”. Mr. Click advised that the Transportation Director does not want to foot this bill. He said it is not a question of what they want, but what they can and cannot do. He said because of State statutes, the State would be unable to meet the shortfall alone. Mr. Click continued the presentation review covering the “Options for Technical Analysis” regarding widening the existing SR 415 and building a toll road.
Commissioner Maloy asked if there had been word from the Congressional level regarding any funding options. Mr. Click said part of the time line to get back with both Counties was to allow them to determine where they want to give support as part of the federal reauthorization. He said he will be trying to get a briefing with Congressman Mica, but he thinks he does know where they are at this point.
Commissioner Morris reentered the meeting at this time.
Mr. McCollum advised Commissioner Maloy that staff submitted the paperwork to Congressman Mica’s office for the T3 authorization.
Discussion ensued among the Board. Commissioner Morris noted that there was no funding on the 20-year scenario on the St. Johns River Bridge and also the same for the Missing Link, but it is now open.
Commissioner Van Der Weide stated this is a quality of life issue, and if they don’t encourage their Congressman and DOT to pursue these issues to solve the problems they will just get bigger.
Commissioner Morris complemented Mr. Click and Mr. Lewis for doing a superb job with the study. He said the Board appreciates their realism. They have taken a very conservative view and that helps the Board in their decision-making. However, he said he sees that because of the need and knowledge of that need and for future generations, the responsible action of the Board is to continue recommending moving this project through the 221 process; continue recommending to the State the feasibility and review of this project; and continue working with Volusia County on the development side.
Commissioner Henley said he thinks it is important for the Board to continue the dialogue with Volusia County and that they jointly continue to push this through Congressman Mica’s office, even if it means sending a representative to speak with him, and keep this project on the front burner. He also thinks it’s important for the Legislative Delegation to be aware of this as they think about a solution to the other end. He said this may be a greater benefit from an economic standpoint as well as for transportation.
Upon inquiry by Commissioner Maloy, Mr. Click said Volusia County has not taken any official action.
Commissioner Morris stated some of the Volusia County Commissioners showed great concerns regarding this project. He said Volusia County has not been through what Seminole County has been through with the Eastern Beltway and now the Western Beltway. So for them, it’s a new experience to contemplate a major highway being constructed.
Commissioner Van Der Weide stated he thinks this is going to become more and more important to Volusia County in the future based on the growth down the I-4 Corridor, and the Board needs to communicate and encourage them. He would like to take a positive stance with a resolution or letter to Congressman Mica.
Chairman McLain said he was going to suggest preparing a letter to send to Congressman Mica letting him know the Board is still very supportive of this project and will do what they can to help facilitate it. They also need to send a letter to the Volusia County Chairman letting him know that the Board is willing to continue working on this project; and Mr. Grace will communicate with their County Manager to let her know where Seminole County stands on that.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to send a Resolution #2003-R-72, as shown on page _______, to Volusia County in support of the toll road project.
Districts 1, 2, 3, 4, and 5 voted AYE.
Mr. Click said the Turnpike Enterprise is currently looking at express lanes. In the future if they find that new corridors are difficult, due to environmental permitting or wetland issues, etc., the Board should keep in mind that maybe they can do some creative things to improve capacity on some of the existing roads.
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Jim Duby, Natural Lands Program, addressed the Board for presentation of the Katie’s Landing Management Plan. He introduced Carol Perfit, Office of Park Planning, and John Fillyaw, Manager of the Wekiva Springs State Park, from the Department of Environmental Protection. He advised that Ms. Perfit will give the presentation on the Management Plan. A written copy of the presentation highlights was received and filed. Ms. Perfit reviewed the progress to date, the proposed improvements, and proposed facilities.
Under discussion, Commissioner Henley stated he would not want the site to become too commercial.
Chairman McLain said it can be seen from the photographs that Katie’s Landing is being restored to its original condition. He is glad the State and County could work together to acquire this property. He thanked Ms. Perfit for being the County’s partner. Ms. Perfit expressed her thanks and said they are excited about this and think it will be an asset to the County and its visitors.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize filing the proofs of publication for today’s scheduled public hearings.
Districts 1, 2, 3, 4, and 5 voted AYE.
APPEAL OF BOARD OF ADJUSTMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal of the Board of Adjustment’s decision to grant for C. W. and Janet Mann a variance for width at building line from 150 feet to 66 feet and a lot size variance from 43,560 square feet to 16,550 square feet (Lot 1P); property located on the south side of Jane Creek Drive, approximately 325 feet south of Fort Lane Road, Linda Davies, received and filed.
Kathy Fall, Senior Planner, addressed the Board to state staff recommends the BCC overturn the decision of the Board of Adjustment to grant a variance from the minimum width at building line from 150 feet to 66 feet and a lot size variance from 43,560 square feet to 16,550 square feet, based on the staff findings. Staff also recommends that the BCC approve a variance from the minimum width at the building line from 150 feet to 130 feet and a lot size variance from 43,560 to 32,350 square feet conditioned up the combining of Lots 1P and 1D on Jane Creek Drive through the unity of title agreement.
Upon inquiry by Commissioner Morris, Ms. Fall said she has worked very closely with Mrs. Davies and Mr. Mann since the Board of Adjustment meeting. She said the neighbors are in support of the staff’s recommendations, but Mr. Mann wishes the Board to uphold the decision of the Board of Adjustment.
Don Davies, speaking for Linda Davies and all the residents on Jane Creek Drive, addressed the Board to state that during the Board of Adjustment meeting, there was some misinformation about the lot sizes. The decision made was in reference to R-1 zoning.
Commissioner Morris left the meeting at this time.
Mr. Davies said the lots on Jane Creek Drive under discussion are zoned R-A5.
Commissioner Morris reentered the meeting at this time.
Mr.
Davies said they feel that granting of the variance does not comply with the
Seminole County Vision 2020 Comprehensive Plan; does not comply with A-5
zoning; and does not comply with the original A-1 zoning. Further, granting the variance will not be
in harmony with the general intent of Chapter 30, and there are no undue
hardships on the part of the applicant.
He asked the Board to comply with the current zoning rules, comply with
the requirements of the Vision 2020 Comprehensive Plan, and accept the
recommendations by staff.
When called upon, Geoffrey Tuck and Diana Hippler advised they had nothing more to add.
Curtis Mann, property owner, 233 Carolyn Drive, addressed the Board to state the Board of Adjustment unanimously approved granting this variance. He submitted a letter with documentation (copies received and filed) to the Board, and said he will show he is not asking for any special privileges, rights, or covenants that the present property owners along Jane Creek Drive do not enjoy. He said they are just asking to be treated equally. He said Mr. & Mrs. Neal own the property and have been paying taxes for 36 to 38 years and thought they had buildable property. He purchased the properties from them subject to approval of a variance. He explained that the Neals’ hardship is that they bought two individual lots at two different times and they want to sell them as two individual lots. Mr. Mann said he wants to have one house per lot the way others along Jane Creek Drive are doing. He said in reviewing the criteria for granting a variance, he cannot find anything that this request does not comply with. He stated each of the other homeowners already have a variance for their properties. He referred to the letter (and attached survey) from W. B. Heath dated June 22, 1995 and special purpose drawings showing the sizes of the property. Mr. Mann stated he did not request any setback or lot width variances. He referred to the information on the Jane Creek Drive Development History prepared by staff and pointed out that he wants the same privileges as Mr. & Mrs. Davies, who own a house on each of their two lots. He stated there is not one property owner who has one house on two lots in the subdivision.
Linda Relander addressed the Board to state she provided a document (not received and filed) to the Board that shows the development history and she advised that there are lots in the neighborhood that have been combined. She identified the lots she was referring to. She said her lot is a double lot and her home is built on it. She said theirs is not a subdivision, but a rural community, and they don’t want to make it a subdivision. They want to keep the homes spaced.
Alice Dorsey, 145 Jane Creek Drive, addressed the Board to state she lives on two lots also. She said they had to accommodate a large septic system and that’s how they came to have two lots with one house.
No one else spoke in support or in opposition.
The Speaker Request and Written Comment Forms were received and filed.
District Commissioner Morris said the BOA granted a variance that’s one-quarter the original size and that’s the largest he’s ever seen. He said the development of the neighborhood supports combining the properties, and that would still require a variance. He believes the correct way would have been as the staff recommends.
Motion by Commissioner Morris, seconded by Commissioner Henley, to overturn the decision of the Board of Adjustment, thereby denying for C. W. and Janet Mann a variance for width at building line from 150 feet to 66 feet and a lot size variance from 43,560 square feet to 16,550 square feet (Lot 1P); property located on the south side of Jane Creek Drive, approximately 325 feet south of Fort Lane Road; as described in the proof of publication, Linda Davies.
Districts 1, 2, 3, 4, and 5 voted AYE.
The Decision on Appeal, as shown on page _______, was received and filed into the Record.
Motion by Commissioner Morris, seconded by Commissioner Henley, to approve for C. W. and Janet Mann a variance from the minimum width at the building line from 150 feet to 130 feet and a lot size variance from 43,560 to 32,350 square feet, conditioned upon combining Lots 1P and 1D on Jane Creek Drive through unity of title agreement, and further that the building size under roof be a minimum of 1500 square feet; property located on the south side of Jane Creek Drive, approximately 325 feet south of Fort Lane Road; as described in the proof of publication, Linda Davies.
Districts 1, 2, 3, 4, and 5 voted AYE.
APPEAL OF BOARD OF ADJUSTMENT
Proof
of publication, as shown on page _______, calling for a public hearing to consider
Appeal of the Board of Adjustment’s decision to grant for C. W. and Janet Mann,
a variance for width at building line from 150 feet to 65 feet and a lot size
variance from 43,560 square feet to 15,790 square feet (Lot 1D); property
located on the south side of Jane Creek Drive, approximately 325 feet south of
Fort Lane Road, Linda Davis, received and filed.
Ms.
Fall advised this is the second lot, and to complete the combining of the lots
on Lot 1P, she asked the Board to overturn the Board of Adjustment’s decision
and grant Mr. Mann a variance on Lot 1D.
Mr.
Davies stated he agrees with the staff recommendation.
Mr.
Mann stated there has been a little misrepresentation today. He referred to comments by Ms. Dorsey and
said he understands her lot was combined to make one acre so they could build
on it and would not have to get a variance.
He reiterated that none of the people in attendance were required to
build on two lots, although some of them own two lots. Mr. Mann said he has had dozens of variances
and this was the first time he had one appealed.
No
one spoke in support or in opposition.
District
Commissioner Morris noted it appears that precedence was set with the variances
approved on Lot M for Mr. Mann.
Motion
by Commissioner Morris, seconded by Commissioner Henley, to overturn the
decision of the Board of Adjustment, thereby denying for C. W. and Janet Mann a
variance from the minimum width at the building line from 150 feet to 130 feet
and a lot size variance from 43,560 square feet to 15,790 square feet for Lot
1D; property located on the south side of Jane Creek Drive, approximately 325
feet south of Fort Lane Road; as described in the proof of publication, Linda
Davis.
Districts
1, 2, 3, 4, and 5 voted AYE.
ORDINANCE AMENDING LAND DEVELOPMENT CODE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Ordinance amending the Seminole County Land Development Code allowing
the Planning and Development Director to approve administrative waivers to lot
size and width, under special circumstances, in the RC-1, A-1, A-3, A-5, and
A-10 zoning districts, received and filed.
Dick
Boyer, Senior Planner, addressed the Board to state staff is recommending this
ordinance.
No
one spoke in support or against the request.
Motion
by Commissioner Henley, seconded by Commissioner Morris, to approve enacting
Ordinance #2003-14, as shown on page _______, amending the Seminole County Land
Development Code allowing the Planning and Development Director to approve
administrative waivers to lot size and width, under special circumstances, in
the RC-1, A-1, A-3, A-5, and A-10 zoning districts; as described in the proof
of publication.
Upon
inquiry by Commissioner Maloy, Mr. Boyer said this action will implement Policy
FLU 5.19, previously adopted by the Board, into the Land Development Code.
Districts
1, 2, 3, 4, and 5 voted AYE.
ORDINANCE AMENDING BILLBOARD REGULATIONS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance amending the Billboard Regulations relative
to cut-outs and provisions for agreements permitting reconstruction or
relocation of billboards, received and filed.
Matt
West, Planning Manager, addressed the Board to state the Board previously directed
staff to draft this ordinance, and to provide for voluntary agreements for
billboard companies to remove or relocate billboards. He thinks staff has accomplished all that the Board directed. He advised of changes to the Ordinance to
clarify the language as follows: Page
6, Subsection (c), to read “what non-conforming structures would be
removed and what non-conforming structures would be created.” Mr. West said by the time of the second
hearing, staff would like to come back with some clarifying language to the
next sentence to state there are tri-vision billboards and staff wants to count
those as three separate faces when they do the ratio calculations. He further advised of change to Page 7,
Subsection (d), to read “and/or may vary from code separation
requirements. . .”
Commissioner
Van Der Weide asked how would a stationary sign with three different
advertisements on it be counted. Mr.
West said that would be counted as one sign.
Whereupon, Chairman McLain asked what is the logic behind this.
Don
Fisher, Planning & Development Director, addressed the Board to state this
is a benchmark, not the exact requirements and is a starting point for
discussions. His exposure to
advertising signs has been that tri-vision boards were always considered to
have a greater impact. Staff felt since
the tri-vision board advertises three different types of users, they felt the
three-face calculation made sense.
Commissioner
Morris said the recommendation is a guideline and the industry wants it pointed
out that that is a starting point.
Lou
Musica, Clear Channel Outdoor, 5333 Old Winter Garden Road, addressed the Board
to express appreciation to staff and Commissioner Morris for their
efforts. He stated he is in favor of
the Ordinance. He said for the Record
that the 4 to 1 is a benchmark, a goal and not necessarily something that has
to be met on each and every application, as the Board has the ability to judge
each application on its own merit. He
said he also supports the issue of allowing cut-outs. He indicated that initially, they had recommended the maximum
allowable area for cut-outs be 20%. The
proposed ordinance says 10%. He feels
the 20% is preferable to the 10%.
Commissioner
Morris referred to Page 6, Subsection (b), and asked if this is a severable
portion, if there are other compliance problems with an existing
billboard. Whereupon, Mr. Fisher said
there is a clause in the ordinance that gives the Board the ability to waive
the separation requirements.
Mr.
McMillan said he will review this with Mr. Fisher between now and the next
meeting.
No
one else spoke in support or in opposition.
Chairman
McLain advised no action on this request is necessary at this time. The next public hearing will be held on
April 8, 2003, at 7:00 p.m., or as soon as possible thereafter, and the Board
will take final action on this ordinance at that time.
CHAIRMAN’S REPORT
Chairman
McLain advised he will be leaving this afternoon to go to Tallahassee for the
Florida Association of Counties Legislative Day for March 26, 2003. He will also stay over through March 27 for
the Greater Seminole/Lake Mary Chamber of Commerce Legislative Day. He will attend their dinner with the Legislative
Delegation along with Commissioner Morris.
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Chairman
McLain recommended appointing Dr. Dehaven Batchelor of the Central Florida
Equine Hospital to the Animal Control Board and adopting a Resolution to Dr.
Vaughan.
Motion by Commissioner Morris, seconded by
Commissioner Maloy, to appoint Dr. Dehaven Batchelor to the Animal Control
Board and adopt appropriate Resolution #2003-R-74, as shown on page _______, of
appreciation to Dr. Joseph T. Vaughan, III, for his past services to the Animal
Control Board.
Districts 1, 2, 3, 4,
and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Copies of letters and e-mails re: land use amendment at site north of Dike Rd./east of Tuskawilla Rd. from Forrest Abell; Susan Rousseau; and Nadene F. Jackson.
2. Notice of March 19, 2003 board meeting of Seminole County Port Authority (SCOPA).
3. Notice of March 26, 2003 City of Longwood Board of Adjustment public hearing re: 169 W. Bay Ave. (cc: County Manager, Planning & Development Director, Planning Manager)
4. Parks and Recreation Contracts, as shown on page ________, for Services: Alecia Ransom (Slow-pitch Softball Scorekeeper); and Frankie J. Austin (Tennis Instructor).
5. Copy of letter dated 3/12/03 to Leah Bennet, Target, from Ken Roberts, Public Safety Director, re: donation to Animal Services.
6. Copy of letter dated 3/12/03 to Governor Jeb Bush from Chairman McLain re: support of State Library of Florida.
7. Copy of letter dated 3/13/03 to Representative David Simmons, Legislative Delegation Chairman, from Chairman McLain re: Article V/Revision 7 Implementation.
8. Notice of March 13, 2003 Sanford Waterfront Master Plan Steering Committee.
9. Letter dated 3/13/03 (with attachment) to BCC from Diane Pickett Culpepper, Time Warner Cable, re: return of Fox/Sunshine cable to line-up.
10. Copy of memorandum dated 3/14/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
11. Memorandum dated 3/12/03 (with attachment) to BCC from County Manager Grace re: adjusted list of responsibilities for Deputy County Managers.
12. Form letter dated 3/13/03 to Chairman McLain from Katy & Eric Aylies re: proposed light rail system through Dolores Dr. in Altamonte Springs.
13. Copy of letter dated 3/17/03 to Ryan Herco Products Corp. from Joe Gasparini, Parks & Recreation Manager, re: donation for tree planting in memory of Buddy Browne.
14. Memorandum dated 3/18/03 from Fran Sullivan, Tourism Development, re: approved 3/13/03 Tourist Development Council meeting.
15. Copy of letter dated 3/17/03 to James Bouwens from Ken Roberts, Public Safety Director, re: donation to Animal Services.
16. Copy of letter dated 3/6/03 (with attachment) to Cindy Cranick, FL DEP, from Bob Gleason, FL DOT, re: advance notification of Project Development & Environmental Study for SR 426/CR 419 (Broadway St.) from Pine Ave. to Lockwood Blvd., Oviedo. (cc: BCC, County Managers, Public Works Director, County Engineer, Traffic Engineer)
17. Notice of 4/3/03 City of Maitland annexation/land use change public hearing re: Dommerich Hills, Summit Area A and Summit Area B. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
18. Letter dated 3/10/03 to Chairman McLain from Randy Jones, Sanford City Commission, re: Ratliff property on US 17-92.
19. Letter dated 3/17/03 to Chairman McLain from Mike Snyder, FL DOT, re: appointment of Ms. Lennon Moore as new FL DOT District 5 Intergovernmental Liaison.
20. E-mail dated 3/12/03 to County Manager Grace from Jim Robison re: commendation of county staff following his inquiries about Old Howell Creek Bridge.
21. Notice of 4/2/03 Seminole County LPA/P&Z public hearing re: Wilshire Townhomes. (cc: County Manager, Elections Supervisor, Property Appraiser)
22. Form letter received 3/20/03 to Chairman McLain from Melanie Deutche. (cc: Commissioner Henley)
23. Copy of letter dated 3/4/03 (with attachment) to Roxann Aylies from Jennifer Stultz, LYNX, re: Hattaway Community Meeting for Central FL Light Rail Transit System Project.
24. Copy of letter dated 3/14/03 to County Manager Grace from Craig Hunter & David Thornton, Banc of America Securities, re: review of Seminole County outstanding debt: Water & Sewer Bonds (Series 1992 and 1999); Tourist Development Tax Bonds (Series 1992); Solid Waste Disposal System Bonds (Series 1993); Sales Tax Revenue Bonds (Series 1996, Series 1998 and Series 2001); Limited General Obligation Bonds (Series 1996 and 2001); and Gas Tax Bonds (Series 2002).
25. Copies of letters (various dates) from Jane Peterson, Library Services Manager, re: donations to Public Library System from: Dorothy D. Smith in memory of Jeffrey Englert; Deborah, Lilann & Mark Mann in honor of Mary Fox Miller & Beverly Mann; Joyce Lehman in honor of Donald Lee Lehman; Margaret Walling in memory of Thomas Walling; Mr. & Mrs. William J. Romine in memory of Mike Piel; Daria Vallario in memory of Cecil H. “Dutch” Derner; Seymour & Peggy Benson in memory of Penny Grossman; The Kahky Family in memory of Henrietta J. Grossman; Helaine Slakman in memory of Henrietta J. “Penny” Grossman; Nancy & Rob Jones in memory of Henry Van Amburgh; Ali D’Angelo in honor of Ms. Caldwell, Mrs. Welch, Mr. McKinney, Ms. Gooch and Mrs. Awsumb of Indian Trails Middle School; Arthur J. Gallagher Foundation in memory of Donald Lehman; and Bonnie Preston in memory of Taffy Kirkendall.
26. Letter dated 3/22/03 to BCC from Darla Diab, Southeast Seminole County Voters Assoc.
27. Copy of letter dated 3/18/03 to Randy Jones, Sanford City Commissioner, from Chairman McLain re: Ratliff property on US 17-92 in Sanford.
28. Copy of letter dated 3/17/03 to William Richards, FL DOT, from Chairman McLain re: SR 434 (McCulloch Rd. to Mitchell Hammock Rd.) Utility Work by Highway Contractor Agreement.
29. Copy of memorandum dated 3/21/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner
Maloy advised the Board that the Sierra Club and Sue Eberley filed an appeal of
the UCF Master Plan with the State of Florida.
He said he has a copy of the appeal in his office, if anyone is
interested.
Upon
inquiry by Chairman McLain, Commissioner Maloy said he had a discussion with
UCF administration since the public hearing on on-campus housing and they did
put in their comprehensive plan the concept of redeveloping in the center of
the campus. The administration is
showing a little more interest, but it is slow. He also suggested the concept of a CRA type mechanism to
redevelop some of the slum areas with a high-rise and boardwalk. There doesn’t seem to be a lot of passion to
do that. He asked the Board, as they
speak to members of the UCF Board of Directors, to let them know the
Commissioners want to work with them to address their housing needs, but there
isn’t much property left for additional students.
Commissioner
Maloy said County staff has been trying to develop an interlocal agreement and
he thinks it will be helpful to the Board to get an update on where this
process is going, and if it is possible for the County to receive funding for
traffic impacts of the UCF campus, particularly the north side. He asked Mr. Grace to provide an update on
that.
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Commissioner
Maloy asked the Board to consider a resolution in support of the U. S. Armed
Forces and President Bush. A draft
resolution (copy received and filed) by the U. S. Congress was
distributed. Whereupon, Chairman McLain
said, without any objections, Commissioner Maloy can bring the resolution back
at the next meeting of the Board for adoption.
The Board had no objections.
Commissioner Maloy asked for someone to be present at the meeting from
the Armed Forces to accept the Resolution.
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Commissioner
Maloy stated he received an e-mail from Margo Knight, United Arts of Central
Florida, regarding the arrest of an employee due to illegalities at a prior
job. Ms. Knight advised they have found
some discrepancies in their books and have called for an audit and closed their
bank accounts. It appears the employee
has done some similar things with the United Arts funding.
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Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint
Ernie Hatton to the Plumbing Examiners Board for a one-year term ending January
1, 2004.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner
Morris stated a couple citizens have come forward, prior to the Iraqi War, to
request designating a roadway, similar to MLK, for POW’S and MIA’S. He said he believes in a parks designation
for this type thing, in terms of ongoing causes. He asked for staff to evaluate this and bring back a
recommendation. Mr. Grace acknowledged
that staff could do this.
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Commissioner
Morris said he serves on the Board of Directors for the National Association of
Regional Councils and he made a trip to Washington last week. He has been serving as Chairman of the Home
Security Committee and there is a bill pending in Congress that is a homeland
security planning preparedness. He said
a lot of counties are spending quite a bit of money in this area, while some
are doing nothing. He asked for the
Board’s support to endorse the bill. He
will provide the Board with a copy of the bill.
Mr.
Grace suggested sending a letter of support from the Chairman. Whereupon, the Board had no objections
to sending a letter.
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Commissioner
Morris reported on his experience having lunch in the White House dining room,
which was the same day as the countdown of the 48 hours notice before the Iraqi
invasion. He shared how the reporters
appeared to try to interview key demonstrators against the war, but not
demonstrators for the war.
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Upon
direction by Chairman McLain, Mr. Grace reported on working with Public Safety
staff to encourage qualified volunteers to participate in some of the County’s
efforts. Mr. Grace said the County will
be stepping up the efforts to recruit volunteers to help in emergency or
disaster scenarios. He stated
recruitment and advertising will be stepped up.
COMMITTEE REPORTS
Commissioner
Henley reported that the State Commission on Transportation Disadvantaged voted
19 to 5 in favor of allowing Lynx to continue providing rides to the elderly,
disadvantaged, and disabled. They are
in the process of appointing a subcommittee to work with Lynx regarding the
progress of the program, and the Lynx program will serve as a pilot for the
State in setting statewide performance standards for para transit.
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Commissioner
Henley further reported that at the last Port Authority meeting, the Director
presented a five-year update. The
Authority Board did not take action on that, but chose to do a site visit on
each of the areas to determine what needs to be done for improvements before
finalizing the five-year plan. When
this is done, he will provide the Commissioners with a copy of the plan.
COUNTY MANAGER’S REPORT
Mr.
Grace advised the Chairman received a letter from the US Department of the
Interior asking the County to appoint representatives to the Wekiva River
System Advisory Management Committee.
Copy of the letter to the Chairman and memorandum from Mr. Grace was
received and filed. Mr. Grace suggested
J. V. Torregrossa as the appointee with Tony Walter as the alternate member.
Motion
by Commissioner Henley, seconded by Commissioner Van Der Weide, to appoint J.
V. Torregrossa, Planner, to the Wekiva River System Advisory Management
Committee with Tony Walter, Senior Planner, as the alternate member.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Mr.
Grace advised that beginning in April, staff will begin to provide the Board
with regular, quarterly financial reports.
PUBLIC COMMENT
Deborah Schafer, President and representing
the Southeast Seminole County Voters Association, addressed the Board to state
she wrote a letter to the Board last week and is here today to ask for the
Board’s help. She said the Econ
Wilderness Center on McCulloch and Old Lockwood Road is in a flooding
situation. She said the taxpayers paid
$3.5 million for this 230 acres. She
was on the site seven months ago and realized there was a major flooding
problem. She believes the developers of
the Ribolt property have caused this problem.
She believes the County staff have worked hard to get it corrected, but
they have not prevailed. She showed a
picture (copy received and filed) of the area in the flooding condition. She stated she believes the damage to the
property is approximately 80 acres. She
stated there are dead trees and she believes animals have been lost to the
flooding. She believes the Board needs
to take action to have an assessment of the property done and then direct how
the damage is going to be corrected.
Mr.
Grace said he has been involved in this.
He said when the Ribolt property was developed, McCulloch Road was paved
and the roadway was raised and that created a dam. This was done without placing pipes under the roadway and this is
what’s causing the flooding on the property.
He said the corrective action is being constructed now. Staff has been working with the developer
and the St. Johns River Water Management District. He said this is in Orange County and the developer had a permit
from Orange County and the Water Management District. He has asked the Planning Department to do an assessment of the
damage and report if there are any recommendations to the Board.
Upon
inquiry by Chairman McLain about possible mitigation, Mr. McMillan said he was
not personally aware of this. Mr. Grace
suggested the Board allow staff to complete the assessment and come back with a
briefing to the Board on how long they think the damage will be felt and give
some recommendations.
Chairman
McLain said he thinks the Board would like to see that the County’s investment
of taxpayer dollars in natural lands is protected. If there is damage done, staff should look at avenues of
recovering from the damages or have them mitigated.
Commissioner
Morris advised that he received another communication from Ms. Shafer regarding
the development standards for the Chuluota commercial site. He said it appeared there was a
violation. Whereupon, Commissioner Van
Der Weide said he understood corrections are being made.
Mr.
Fisher stated staff has corrected this situation. Staff has been working with the contractor as far as the specific
site issues. Discussion ensued with the
Board.
Upon
comment by Commissioner Van Der Weide, Mr. Fisher said this was a matter of the
plans not showing what was required and, therefore, the Building Inspectors
could not carry out the inspections based on that. Commissioner Morris said there should be a way that this type
ordeal is clearly identified.
Mr.
Fisher said he has taken corrective actions with the proper divisions and this
won’t happen again.
Upon
inquiry by Commissioner Maloy, Development Review Manager, Mahmoud Najda,
addressed the Board to report on the flooding issue that the materials were to
be delivered and installed this week.
He showed on a map where the pipes are to be installed at the wetlands
and run east to allow the water in the wetlands to be discharged into a
connection area.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:33 p.m. this same date.
ATTEST:
_____________________ Clerk ____________________Chairman
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