BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 27, 2001
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m. on Tuesday, March 27, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Dick Van Der Weide (District 3)
Vice Chairman Randy Morris (District 2)
Commissioner Carlton Henley (District 4)
Commissioner Grant Maloy (District 1)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Absent: Commissioner Daryl McLain (District 5)
Pastor E.A. Reuscher, Lutheran Church of the Redeemer, Sanford, gave the Invocation.
County Attorney Robert McMillan led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Maloy, to adopt appropriate Resolution #2001-R-51, as shown on page ________, proclaiming the week of March 25-31, 2001, as "Juvenile Justice Week".
Districts 1, 2, 3 and 4 voted AYE.
The Resolution was presented to Mark Rehder, Chairman of the Juvenile Justice Council, who expressed his appreciation.
He advised that Seminole County has experienced a 31% decrease in juvenile crime during the past couple of years. He added that a great deal of that is because of the leadership of the BCC and their support of juvenile programs.
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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-53, as shown on page _______, proclaiming the month of April 2001 as "Child Abuse and Neglect Prevention Month".
Districts 1, 2, 3 and 4 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-49, as shown on page _______, proclaiming the week of April 1-7, 2001 as "National Library Week" in Seminole County.
Districts 1, 2, 3 and 4 voted AYE.
The Resolution was presented to Libby Harper, Friends of the Library, who expressed her appreciation to the Board for their support.
COUNTY ATTORNEY'S CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Morris to authorize the County Attorney's Office to defend with regard to Oxford Land Holdings, Inc. d/b/a Oxford Outdoor Advertising vs. Seminole County.
Districts 1, 2, 3 and 4 voted AYE.
COUNTY ATTORNEY'S REGULAR AGENDA
County Attorney, Robert McMillan, requested direction with regard to Bentley v. City of Tallahassee, et al. He recommended the Board accept the money offered in the case.
Upon inquiry by Commissioner Henley, Assistant County Attorney, Stephen Lee, addressed the Board to advise as he understands the document, the FPC would have the right to run telecommunication lines on all existing easements over private property, provided they pay for it.
Motion by Commissioner Maloy, seconded by Commissioner Henley to accept proposed monetary settlement (rate of approximately $12,000 per mile) with regard to Bentley v. City of Tallahassee; and to authorize the County Manager and County Attorney to execute the necessary paperwork to accomplish that result.
Districts 1, 2, 3 and 4 voted AYE.
LEGLISLATIVE UPDATE
Mr. Lee advised he and staff will be going to Tallahassee this afternoon for Legislative Day on Wednesday. He updated the Board on the proposed billboard legislation, advising the Florida Association of Counties is opposed to it.
Mr. Lee also advised that should the Medicaid funding be shifted to the County, the cost impact would be $65,000 for one day and $136,000 for two days. He briefly discussed the proposed change to Chapter 163 endorsed by the Homebuilders Association. He also briefly discussed the Payday Loan Legislation.
At the request of the Chairman, Commissioner Morris briefly explained what payday loans are.
COUNTY MANAGERS'S CONSENT AGENDA
Mr. Grace presented his Consent Agenda for consideration.
Discussion ensued between Commissioner Maloy and Greg Holcomb, Telecommunications, with regard to Item #15, BCR #01-68, purchase of radios for dump trucks.
Discussion also ensued between Commissioner Maloy and County Engineer, Jerry McCollum, with regard to Item #25, PS-583-01, professional landscape architecture and irrigation design services. Mr. McCollum advised one of the tasks of the contract will be to look at irrigation solutions. He added that all work orders will come back to the Board for approval.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
Administrative Services
Support Services
7. Approve and authorize Chairman to execute First Amendment, as shown on page ________, to Lease Agreement (lease extension for an additional month and a half) with R & E Foods for 1750 E. Lake Mary Boulevard, Sanford.
Fiscal Services
Administration
8. Approve and authorize Chairman to execute Resolution #2001-R-52, as shown on page ________, to ratify issuance by the Orange County Housing Finance Authority Homeowner Revenue Bonds, Single Family Revenue Bonds and the Draw Down Bonds Series, on behalf of Seminole County.
Budget
9. BCR #01-60 – $152,771 – Planning & Development – Administration – Fund: 11500 – Infrastructure Sales Tax Fund. This BCR reverses a portion of BCR #01-39 to return funds associated with the County’s One-Cent Sales Tax program to the correct capital budgets. These funds had inadvertently been transferred to LYNX operations.
10. BCR #01-63 – $5,500 – Public Works – Engineering – Fund: 11500 – Infrastructure Sales Tax Fund/Fund: 12603 – West Collector Impact Fee fund. Additional funding is needed to reflect final field measured quantities (pavement materials, reflector material, striping) for the Montgomery Road project. Funding is available in reserves.
11. BCR #01-64 - $514,302 – Public Works – Stormwater – Fund: 13000 – Stormwater Fund. An accounting transfer to move a portion of professional services budget to capital account lines for conveyance acquisition and NPDES permit projects to accurately depict total project costs.
12. BCR #01-65 – $400,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund. The contract bid for Douglas Avenue/Markham Woods intersection improvements exceeds budgeted funding. Request transfer from reserves contingent upon execution of interlocal agreement with Altamonte Springs.
13. BCR #01-66 – $3,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water and Sewer Fund. Transfer is requested to replace an ice machine, which can no longer be repaired. This machine provides ice for nine (9) meter readers and four (4) inspectors who work outdoors. Quoted amount includes purchase price, complete installation and a one-year full warranty.
14. BCR #01-67 - $8,600 – Library & Leisure Services – Parks & Recreation – Fund: 00104 – Boating Improvement Fund. Transfer of funds from the Lake Monroe Wayside Park Project to the Cameron Wight project for the installation of solar lights. This will provide better lighting for the ramp and parking areas.
15. BCR #01-68 – $17,620 – Public Works – Roads – Fund: 10101 – Transportation Fund. Request approval to purchase five radios for five replacement dump trucks purchased in the current fiscal year. The Telecommunications Division has advised that the old radios are obsolete. Savings are available from the purchase of the dump trucks.
16. Budget Amendment Resolution #2001-R-54, as shown on page ________, in the amount of $35,739, Public Safety: 11908 – Disaster Preparedness Fund. The Seminole County Emergency Management Office has received an award letter from the State Division of Emergency Management awarding $35,739 in additional funds. This will increase the Base Grant Agreement to $138,370 for the 2000/2001 fiscal year.
17. Budget Amendment Resolution #2001-R-55, as shown on page ________, in the amount of $94,788, Public Works: 11500 – Transportation Fund. To recognize anticipated receipt of revenues from the City of Altamonte for its utility construction and proportion of CEI on Douglas/Markham Woods Road. Contingent on an agreement between Seminole County and the City of Altamonte Springs, to be approved by the Board of County Commissioners on March 27, 2001.
Purchasing
18. Award FC-1125-00/BJC Contract, as shown on page _________, Markham Woods Road/Douglas Avenue Realignment & 3 Lane Section, to Ryan, Inc. Eastern, Ocoee ($3,344,966.81).
19. Award FC-1147-01/BJC Contract, as shown on page _______, Lake Ann Outfall Improvements, to Cathcart Contracting Company, Oviedo ($119,719.41).
20. Approve Change Order #5, as shown on page _______, to FC-1105-00/BJC – Wekiva Springs Road & Sabal Palm Elementary School Access Road, with Southland Construction, Inc., Apopka ($10,778.25).
21. Approve Change Order #7, as shown on page _______, to FC-352-96/BJC – Montgomery Road Construction Project, with Gilbert Southern Corporation, Altamonte Springs ($66,921.46).
22. Approve Change Order #8, as shown on page ________, to FC-352-96/BJC – Montgomery Road Construction Project, with Gilbert Southern Corporation, Altamonte Springs ($121,280.86).
23. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for FC-352-96/BJC – Montgomery Road Construction Project, with Gilbert Southern Corporation, Altamonte Springs.
24. Waive the procurement process and approve Change Order #2, as shown on page ________, to FC-1124-00/BJC – Lake Mary Boulevard/Bear Gully Road 2000 Water Main Extensions, with Prime Construction Group, Inc., Orlando ($384,072.96) (Time Extension)
25. Approve ranking list for PS-583-01/BJC – Continuing Contracts for Professional Landscape Architecture and Irrigation Design Services, authorize staff to negotiate, and authorize the Chairman to execute Master Agreements, as shown on page _______, with David Wickham & Associates, Inc., Lake Mary; and Herbert, Halback, Inc. (HHI), Orlando (Not-to-Exceed $60,000 per year).
26. Approve Amendment #1, as shown on page ________, to PS-555-00/BJC – Engineering Services for Minor Roadway and MSBU Design Projects with an estimated construction cost of $500,000.00 or less, with Dyer, Riddle, Mills & Precourt, Inc., Orlando; Inwood Consulting Engineers, Orlando; Kelly, Collins & Gentry, Inc., Orlando; PEC, Orlando; TEI Engineers & Planners, Lake Mary; WCG, Inc., Professional Engineers, Maitland ($250,000.00).
27. Approve Amendment #1, as shown on page _______, to PS-554-00/BJC – Construction Engineering and Inspection Services for Markham Woods Road and Wekiva Springs Road Projects, with Parsons Brinckerhoff Construction Services, Inc., Tampa ($40,435.71).
28. Approve Amendment #6, as shown on page ________, to PS-505-97/BJC – Consultant Design Services for Seminole Wekiva Trail, Sections 2 and 3, with Harding Lawson Associates (HLA), Orlando (Not-to-Exceed $50,000.00) (Time Extension).
29. Approve Amendment #3, as shown on page ________, to PS-333-96/BJC – Engineering Services Agreement for C.R. 46A – Phase III (Upsala Road to Old Lake Mary Road), with Professional Engineering Consultants, Inc., Orlando (Time Extension).
30. Approve Amendment #7, as shown on page ________, to PS-332-96/BJC – Engineering Services Agreement for Lake Emma Road, with Bowyer-Singleton & Associates, Inc., Orlando ($100,000.00) (Time Extension).
31. Approve Amendment #2, as shown on page _______, to Work Order #4 to PS-144 – Lynwood Water Treatment Plant Design/Engineering Services, with PBS&J, Orlando ($31,823.34).
32. Award RFP-4107-01/GG Contract, as shown on page _________, General Veterinary Services to Susan I. Wayne, DVM, Sanford (not-to-exceed $28,080.00).
33. Approve Amendment #1 to RFP #495-00/JVP – Lease Agreement for Computer Hardware, with Pomeroy Computer Resources, Inc., Jacksonville (no cost amendment).
34. Approve Second Renewal of A/B-349/JVP-Roadway Markings, with Fausnight Stripe & Line, Inc., Winter Springs; ($546,350.00) (June 23, 2001 to June 22, 2002).
35. Approve First Renewal of A/B-385/JVP – Street, Driveway, Sidewalk, Curb & Gutter Repair; to Central Florida Environmental, Longwood (Primary Contractor) and P.L.A.N. Estimating Services Inc., Palm Coast (Secondary Contractor) ($237,825.00).
36. Approve sole source for the purchase of Motorola equipment, with Motorola Inc., Longwood ($398,025.00).
Planning & Development
Building & Fire
37. Adopt appropriate Resolution #2001-R-56, as shown on page ________, to rename Katie Street, name the section of unnamed street between County Road 46A and Katie Street and name an unnamed street segment between Katie Street and State Road 46 to International Parkway.
Development Review
38. Adopt appropriate Resolution #2001-R-57, as shown on page _______, accepting Warranty Deed, as shown on page ________, and canceling property taxes for land donated as right-of-way on Bear Lake Road and on Cub Lake Road from St. Andrews Presbyterian Church of Orlando, Inc.
39. Approve minor plat for Bridge Way single lot subdivision zoned A-1 located on the south side of Onslow Avenue and east of Beverly Street, approximately 1/4 mile north of Lake Hayes Road (David and Ann Bridge).
40. Approve minor plat for Hawks Landing rural subdivision consisting of 4 lots (with a minimum of 4.8 acres per lot) zoned A-1 and A-3; property located on the south side of Brumley Road, approximately l/2 mile east of SR 419, approximately l/4 mile west of Lake Mills Road (Roy Faulk, et al).
41. Approve minor plat for Carrigan-Hess, a single lot zoned C-2 located on the south side of Carrigan Avenue and west side of Alafaya Trail (Amerada Hess Corporation).
Public Works
Engineering
42. Approve and authorize Chairman to execute the Partial Release of Sublease, as shown on page ________, between the Florida Department of Environmental Protection, Office of Greenways and Trails, as Sub-lessor, and Seminole County, Florida, as Sub-lessee.
43. Approve and authorize Chairman to execute an Interlocal Utility Construction Agreement, as shown on page _______, with the City of Altamonte Springs for the construction, relocation and reconstruction of City utility facilities in conjunction with the Markham Woods/Douglas Avenue project.
Districts 1, 2, 3 and 4 voted AYE.
CLERK'S CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated March 6 & 13, 2001; and Payroll Approval List, as shown on page ________, dated March 1, 2001.
2. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Julie M. Bemish, Case #98003109CFA - $200
Richard D. Boone, Case #94011660MM - $75
Jeffrey J. Bucklew, Case #00011720MM - $100
Ryan G. Campbell, Case #00008060MM - $50
Jacquelyn G. Cederlund, Case #00011235MM - $200
Aundrea M. Clegg, Case #00000899MM - $200
Kenneth Cochran, Case #00000013MM - $200
Warren Dulberg, Case #00013912MM - $50
Corine Duval, Case #98001206CJA - $50
Jean F. Gautier, Case #99006999MM - $250
Roben Gomez, Case #00010091MM - $200
Victor Bernard Green, Case #97000514CFA - $200
Stephen C. Harris, Case #00002275MM - $200
Eric Andrew Hassen, Case #91002629CFA - $350
Ronnie L. Hembree, Case #00005159MM - $200
Joni James, Case #99004291MM - $50
Paul M. Lamb, Case #00000826CFA - $200
Allison Lazoo, Case #00012573MM - $100
Soong K. Lee, Case #00001220CFA - $250
James & Susan Ludwig, Case #99003558CFJA - $100
Randall Mast, Case #97004228CFA - $300
Mark L. Noe, Case #01000671MM - $50
Richard Pyne, Case #00000454MM - $200
Brian R. Reynolds, Case #00008314MM - $200
Michael S. Rosen, Case #00001654MM - $200
Zachary Seubarran, Case #00000125CFA - $100
Jose M. Sierra, Case #00008390MM - $200
Lewis C. Smith, Case #97000025CFA - $200
Scott V. Smith, Case #99011818MM - $200
Thomas L. Sturtz, Case #99010050MM - $200
Latashia T. Williams, Case #00006823MM - $200
James Wilson, Case #00001666MM - $200
Michael Z. Zagrobelny, Case #00004394MM - $200
3. Chairman to execute Satisfaction of Judgment for Bail Bond Lien for Angelo White & Roche Surety & Casualty in the amount of $1,038.
4. Chairman to execute the following Satisfactions of Judgment/Public Defender Application Fees:
Pablo Antonio Betancourt, Jr., Case #98004521CFA - $40 plus $7.71 interest
Victor Allen McCoy, Case #94000752CFA - $280 plus $69.52 interest
Raymond Eugene Wade, Case #99001765CFA - $40 plus $5.14 interest
5. Official Minutes dated February 27, 2001.
Districts 1, 2, 3 and 4 voted AYE.
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The Board noted, for information only, the following Clerk's "received and filed":
1. Letters from Ginny Markley, Zoning Coordinator, to the following: David Jackson; Bob Lee; Jennifer Deveraux; Crown Castle Communications; Douglas Messineo; Bill Harkins; Jeff Bales/Re Max Realty; Janet and Steven Risner; James Mike; Richard Hughes; Socorro Valentin; David & Teresa Mikeal; Alan & Patricia Fulmer; and Karen Kassik; advising of actions taken at the February 26, 2001 Board of Adjustment meeting.
2. Certificate of Title, as shown on page ________, for Alaqua Lakes Phase I.
3. Certified Copy of a County Deed, as shown on page ________, with the City of Altamonte Springs as approved by the Board on 4-11-00.
4. Sidewalk Easement, as shown on page ________, with Edward and Ramona Huff for a sidewalk in West Lake Brantley Hills.
5. Temporary Construction Easement, as shown on page _________, with Alma Vogel for construction on Markham Woods Road, per Purchase Agreement approved by the Board on 4/25/00.
6. Letter from the Clerk of Circuit Court office, submitting a list of Lands Available for taxes.
7. Corrected letter from Ginny Markley to Bob Lee advising of action taken by the Board of Adjustment meeting of 2/26/01.
8. Revised Notification of Grant Award, as shown on page _________, for FY 2000-2001 State Aid Grants as approved by the Board on 9/12/00.
9. Copy of Letter, as shown on page _________, from Winderweedle, Haines, Ward & Woodman, P.A. to the Board of County Commissioners re: Victoria Manor Subdivision.
10. Engineering Services Agreement M-215-01, as shown on page _________, KLG/Paige.
11. Change Order #1, as shown on page ________, to FC-1124-00.
12. Change Order #1, as shown on page ________, to FC-1113-00.
13. First Amendments to Work Order #8, #9 & #10, as shown on page _________, to PS-555-00.
14. First Amendment to M-205-01, as shown on page _________, Bailey Engineering Corp.
15. First Amendment to Work Order #11, as shown on page _________, to PS-522-00.
16. Work Order #16, as shown on page ________, to PS-555-00.
17. Work Order #4, as shown on page ________, to PS-539-99.
18. Work Orders #5 & #6, as shown on page ________, to PS-546-99.
19. Work Orders #17 & #18, as shown on page ________, to PS-543-99.
20. Work Orders #17 & #18, as shown on page ________, to PS-555-00.
21. Work Order #20, as shown on page ________, to PS-538-99.
22. Work Order #6, as shown on page ________, to PS-511-97.
23. Work Order #15, as shown on page ________, to PS-556-00.
24. Work Order #1, as shown on page ________, to PS-557-00.
25. Development Orders, as shown on page ________, as follows: #00-4070 M/I Schottenstein Homes and #2000-00010370 James Kaylor.
26. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Services with Stonehurst Development Corporation and Amerada Hess Corporation.
27. Bids as follows: RFP-496-01; RFP-4106-01; RFP-4103-01; PS-584-01 and RFP-4107-01.
COUNTY MANAGER'S BRIEFING
Mr. Grace advised that Item #55, Courthouse Expansion Update, has been pulled from the agenda and will be brought back to the Board during the second meeting in April.
COUNTY MANAGER'S REGULAR AGENDA
Director of Library & Leisure Services, Suzy Goldman, addressed the Board to present request from the City of Sanford to use the old Sanford Library as a police community service center. She stated the building is currently being used for library-related uses, i.e., meeting room for civic groups, book storage, and children's library programs. She reviewed the history of the building, advising in 1980, the County and City executed an agreement that provided for the transfer of the building to the County as part of the Seminole County Public Library System. The agreement included a lease on the building and property, as well as an option to purchase. The County exercised the option to purchase in 1983.
Ms. Goldman advised the Library Strategic Plan calls for the building to be used to house books. The long-term solution to the facility capacity needs of the County's library system will require future facility and capital programming to construct additional building space. The short-term result of reducing the current available building space is that this could limit the collection growth unless other options are developed. She reviewed the following options for the Board's consideration: (1) Book Storage Area - maximizing the use of the existing library space to accommodate book collection growth to continue through September 2003; (2) Children's Library - Move the North Branch Library's children's books and services to the building (renovation, additional equipment and staff would be required); (3) Police Service Center - Allow the City to use the building on a long-term basis (book collection expansion program would continue through September 2002); and (4) Space Sharing - Part of the building would be used for book storage and a portion would be used for the Police Service Center. She distributed a drawing (copy received & filed) of a proposed layout of the building if the space sharing option is approved. Copy of City of Sanford agenda item regarding request was received and filed.
Upon inquiry by Chairman Van Der Weide, Ms. Goldman stated staff would like to have the police presence in the downtown area next to the library because the library is open until 9:00 p.m.
Sanford City Manager, Tony VanDerworp, addressed the Board to advise the City Commission approved jointly using the building for a police substation and space for MainStreet. He said MainStreet will be serving as a visitor center. He stated the building has not been used for public library services (as stipulated in the agreement with the County) in some time. He further stated that as far as sharing the building with the County, that is a new concept and he will need time to review how that will work. He added the City feels the County is in breech of their agreement and that the building is in need of repair.
Chairman Van Der Weide stated the County staff has said there is absolutely a need for book storage in this building. However, he believes the County and City sharing the building is the way to go.
Commissioner Morris stated the "breech" aspect will not "fly" in this case because there has been a clear use for library-related purposes. He suggested the City give the County an air-conditioned facility in the vicinity to store the library books for the next three or four years. He stated this is the first time the Board has heard about MainStreet needing space.
Sanford Mayor, Larry Dale, addressed the Board to state, per the agreement, the building is to be used solely and continuously as a library; and if it is not used that way, it reverts back to the City. He added that the County has not maintained the building properly.
Ms. Goldman stated that when the County was in the process of designing the new library, the issue came up of renovating the Sanford Library as opposed to building a new one. It was more cost effective to combine the Lake Mary and Sanford facilities. However, the City wanted a library to remain in downtown Sanford and that is the way the program went forward.
Chairman Van Der Weide stated it seems to him that this can be worked out with either sharing the building or having the City find storage space for the books somewhere else.
Commissioner Maloy stated it seems that the consensus of the Board is to have both City and County staffs explore a sharing of space concept.
Commissioner Morris stated he would hope an agreement can be reached.
The Board, by unanimous consensus, directed County staff to come up with a plan to share this facility, which both City and County staffs can agree on, and then bring the plan back to the Board for approval.
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Tom Forbes, Building Division, addressed the Board to review the history of the Frank Lindner appeal of the decision of the Seminole County Building Contractors Licensing Board with regard to a complaint against Bill Miller, DBA Suda, Inc. He requested the Board accept the Hearing Officer's findings, conclusions and recommendations with regard to the appeal.
Commissioner Morris stated he believes the Board did the right thing to send this appeal to a mutual hearing officer.
Motion by Commissioner Morris, seconded by Commissioner Henley to accept the Hearing Officer's findings, conclusions and recommendations, and in so doing, affirm the decision of the Seminole County Building Contractors Licensing Board to dismiss the charges against Mr. Bill Miller, DBA Suda, Inc.
Districts 1, 2, 3 and 4 voted AYE.
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Director of Fiscal Services, Cindy Hall, addressed the Board to request the issuance of bonds for the purchase of Environmentally Sensitive Land and the Construction of Trails, Greenways and Blueways.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-58, as shown on page _______, relating to the issuance of bonds for the purchase of environmentally sensitive land and the construction of trails, greenways, and blueways as approved by a Countywide Referendum on November 7, 2000.
Districts 1, 2, 3 and 4 voted AYE.
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Planner, Craig Shadrix, addressed the Board to request authorization to schedule and advertise public hearings for two ordinances for the final implementation of the Wekiva Global Compliance Agreement which was adopted by the BCC in December of 1999. He reviewed the requirements of the agreement as outlined in the Agenda Memorandum. He advised the dedication of surplus property at the County's Yankee Lake property to the County's Greenways, Trails and Natural Lands Program will be brought back through a resolution at the April 24 meeting. He stated that after careful review with the Environmental Services Department, this will in no way affect any of the future potential expansion plans for the site.
Commissioner Henley stated in view of the fact that the County has joined with Volusia County and St. Johns to do a study on the Yankee Lake site for the possible location of future surface water, his concern is that they not in any way hinder or create any problems, should the site be chosen as a recommended site for a surface water processing plant. He said he wants staff's assurance on this.
Mr. Shadrix assured the Board that staff has taken that into consideration and will continue to work with Environmental Services regarding the site planning process that is going on now.
Chairman Van Der Weide stated there is an issue coming before the Board at the next meeting about development (U.S. Homes application) on Longwood/Markham Road and he believes this may have considerable impact on this.
Mr. Shadrix advised the applicant has demonstrated a lot of requirements.
Commissioner Morris stated he believes Commissioner Henley's concern should either be made formally part of the record or formally part of the agreement.
Chairman Van Der Weide concurred, stating this needs to be memorialized; and the Board does not want the staff to have to go back and try to interpret later what the Board's intent was.
Motion by Commissioner Henley, seconded by Commissioner Morris to direct staff to provide an addendum that would clarify that this in no way prohibits or interferes with the use of the needed lands in the event of a surface water processing plant or similar functions (water, sewer & utility purposes) necessitated by the County.
Districts 1, 2, 3 and 4 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize advertisement of public hearings regarding changes to the Land Development Code of Seminole County and dedication of lands to the Natural Lands Program, which form the final implementation of the Wekiva Global Compliance Agreement.
Districts 1, 2, 3 and 4 voted AYE.
COUNTY MANAGER'S BRIEFING
Traffic Engineer, Bob Zaitooni, addressed the Board to introduce Pete Yauch, TEI Engineers & Planners, the County consultant. Mr. Zaitooni gave a Power Point presentation (copy received & filed) of the proposed Seminole County Advanced Traffic Management System (SCATMS), a multi-phase, federally-funded project. He reviewed the project history; the technical criteria; project goals; and project staging.
Mr. Yauch briefly discussed the feasibility and implementation study his firm completed in July 2000.
Upon inquiry by Chairman Van Der Weide, Mr. Zaitooni advised this system would be continuously monitoring computerized signals. He further advised the system will be able to change programs where congestion is a problem. There are 8 or 9 different traffic programs.
Upon inquiry by Commissioner Henley, Mr. Zaitooni advised there are 313 traffic signals (including municipalities) in the County.
Discussion ensued with regard to the possibility of surveillance cameras being used with the system.
Commissioner Morris stated this is an excellent system; however, he is greatly concerned with the cameras and the government monitoring with traffic cameras. He said these cameras are a continuing step of government intrusion, and part of a system that is designed for abuse. He stated a couple of years ago traffic cameras went up all over Orlando and I-4, and now Orlando is proposing a program to monitor pedestrians on the street. He further stated that he does not believe government should be in this business and this is something he cannot support. He added that he appreciates the effort Mr. Zaitooni made in trying to put restrictions on the equipment; however, he said he is very concerned that there will be a regional tie-in with the City of Orlando and State.
Mr. Zaitooni displayed a photograph of the typical view from a camera, stating the cameras would be installed low and would focus on mid-block. There would be no close-up views of cars.
Commissioner Henley stated Mr. Zaitooni's proposed system is well-intended, but can be abused. He questioned what the benefits are of the system without cameras.
Mr. Zaitooni advised the benefits of the system without cameras would be traffic information sharing and it would be the next level in the CIP system.
Chairman Van Der Weide stated what he is hearing from the Board is that they have serious concerns with the potential of abuse with the traffic cameras.
Commissioner Morris stated he is okay with everything else in the proposal, except for the traffic cameras.
Motion by Commissioner Morris, seconded by Commissioner Henley to prohibit any activity that would implement the use of cameras on any County road or any project in any way or any form.
Under discussion and upon inquiry by Commissioner Henley, Commissioner Morris modified the motion, by adding that staff is encouraged to move forward will all other aspects of the Advanced Traffic Management System (SCATMS), with the exception of cameras.
Districts 1, 2, 3 and 4 voted AYE.
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Mr. Grace requested direction with regard to the concept of adding 1 to 2 additional charitable organizations to the County's payroll deduction program.
Motion by Commissioner Henley, seconded by Commissioner Maloy to approve the concept of adding 1 to 2 additional charitable organizations to the County's payroll deduction program; and to direct the County Manager to finalize the details of a proposed new program and bring same back to the Board for approval.
Under discussion, Commissioner Henley stated he hopes the appropriate background is done on these organizations.
Chairman Van Der Weide stated he would like staff to meet with Commissioners individually to determine what organizations they would like to see added.
Commissioner Morris suggested staff look at what the City of Orlando is doing.
Mr. Grace stated he has had some discussion with Clerk Maryanne Morse and she is comfortable with adding some charities; however, there is a limit on the number that can be added.
Commissioner Morris stated there may be software available to do this and staff should find out what OUC and the City of Orlando is doing.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Morris advised that the Boy Scouts raised $115,000 at a recent fund-raising event.
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The Board, thereupon, recessed at 11:55 a.m., reconvening at 1:33 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Morris, who was absent, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner Maloy, to authorize filing the proof of publication for today’s scheduled public hearing.
Districts 1, 3, and 4 voted AYE.
PUBLIC HEARING
REZONE FROM PUD TO PCD
BOWYER-SINGLETON & ASSOCIATES
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from PUD (Planned Unit Development) to PCD (Planned Commercial District); property located on the east side of Hunt Club Boulevard and ¼ mile north of SR 436, consisting of 4.06 acres, Bowyer-Singleton & Associates, received and filed.
Cindy Matheny, Planner, addressed the Board to state staff recommends approval of the requested PCD zoning classification, and the modification to the Foxwood PUD Final Master Plan and Developer’s Commitment Agreement with findings. She advised the P&Z recommended approval with the staff findings and subject to: (1) No outside storage, including storage of boats or vehicles; (2) No storage of hazardous materials; (3) No retail commercial uses or activities shall be permitted within the mini-warehouse facility; (4) Permitted uses to be those within the C-1 zoning district classification plus personal mini-storage; (5) The project shall incorporate only cool, muted color schemes; (6) Walls of structures facing to exterior of the site to be split face block; (7) The office building shall have a pitched roof (hip, gable, or gambrel); (8) Non-traditional advertising or signage, roadside architecture, and architectural marketing icons, are prohibited; (9) The development standards as proposed on the preliminary site plan; and (10) The two-story climate-controlled building shall be relocated to the south end of the site.
Ms. Matheny said since the P&Z meeting, staff received two faxes (copies received and filed) from residents in the area who voiced their concern based on noise, buffering, drainage and natural resources, and the location of the building. She showed on an aerial map the location of the residents staff heard from, the proposed site, and intervening parcel and noted that there would be a transitional office development between the two sites.
Commissioner Maloy asked staff about the condition for cool, muted color schemes and Ms. Matheny explained the type colors these would be. She said staff felt to be compatible with the commercial and residential, they needed to keep the architecture and design muted and unobtrusive. She also explained staff felt the pitched roof would be appropriate.
Chairman Van Der Weide stated an example of how off-colors have been used to attract attention and are a demonstration of why you want muted colors. He said he is sure that is not the intent of this applicant. The rationale is to make sure the applicant doesn’t do something that would be detrimental to the property values of the homes.
Commissioner Henley stated he agrees with Commissioner Maloy that he hates for government to be more and more intrusive and descriptive, but a lot of that is brought on by the owners of the property. He said he thinks the Board has probably been overdue in trying to give a little more counsel for those who want to stick out in the neighborhood. He said he thinks it is a reasonable approach to ask the applicant to stay in the color scheme that is in line with what the neighborhood already has.
Judy Stewart, Bowyer-Singleton, representing the applicant, addressed the Board to state she concurs with the recommendations of the staff and P&Z. She asked for the Board’s approval of the rezoning request.
Upon inquiry by Chairman Van Der Weide, Ms. Stewart answered that she did not have a problem with Conditions #6, #7, or #10. She said their client has no intentions of placing a miniature lighthouse on the site.
No one spoke in support or in opposition.
District Commissioner Van Der Weide stated he thinks staff has addressed in the normal process, as much as they can, those issues raised by the citizens who sent in e-mails. He recommended approval of the rezoning with the staff recommendation and recommendations #6, #7 and #10 by the P&Z, as identified.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to approve rezoning from PUD (Planned Unit Development) to PCD (Planned Commercial District), by Ordinance #2001-12, as shown on page _______; property located on the east side of Hunt Club Boulevard and ¼ mile north of SR 436, consisting of 4.06 acres; as described in the proof of publication, Bowyer-Singleton & Associates, with the staff recommendations and the P&Z recommendations #6, #7 and #10; and approval of the Development Order, as shown on page _______.
Districts 1, 3, and 4 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated March 13, 2001, from Hector O. Ponce, Vice President, Power Systems Division, Mitsubishi Heavy Industries America, Inc., advising of finalization of site selection for headquarter operations in Seminole County. (cc: Board, Economic Development Commission of Mid Florida and Enterprise Florida staff, John A. Lewis, Orange Co. Economic Trade & Tourism, Development Office, Ray Gilley, Florida Power)
2. E-mail dated March 18, 2001, from Anthony L. and Cora J. Toth expressing opposition to requested rezone from A-1 to PUD, Wekiva Park Subdivision. (cc: Board, DCM/Chandler, Planning & Development Director, Comp. Planning Manager)
3. Copy of letter dated March 19, 2001, from the Chairman to the Seminole County Legislative Delegation, Re: Legislation regarding Billboards included in HB 1053. (cc: Board, County Manager, DCM's, Bobby Brantley)
4. Agenda for the March 19, 2001, Oviedo City Council meeting. (cc: Board, County Manager, DCM's, Planning & Development)
5. Copy of letter dated March 16, 2001, from Darrell W. Smith, Budget Services Director, Florida Department of Revenue, to H.W. Suber, Seminole County Property Appraiser, Re: Budget request for FY October 1, 2001, through September 30, 2002. (cc: Board, County Manager, Fiscal Services)
6. E-mail dated March 12, 2001, from Herman J. Rigdon to the Chairman expressing opposition to the rezone request by Cameo Development heard at the BCC meeting of March 13, 2001. (cc: Board, DCM/Chandler, Comp. Planning)
7. E-mail dated March 12, 2001, from Mrs. Dale H. Sullivan to the Chairman expressing opposition to the rezoning of Boland Drive heard in public hearing March 13, 2001. (cc: Board, DCM/Chandler, Comp. Planning)
8. Copy of e-mail dated March 13, 2001, from Doug Bishop to Representative Jim Kallinger Re: Need for a Bill to Ban Speed Humps in Florida. (cc: Orange Co. Commission, Seminole Co. Commission, County Manager, DCM/Marino, Public Works Director, Traffic Engineer)
9. Copy of letter dated March 16, 2001, from the Chairman to David P. Lanier, Jr., Chairman, Seminole Co. Port Authority, requesting annual financial commitment as grant to the General Fund. (cc: Board, Port Authority Board of Directors, County Manager, Executive Director, Port Authority)
10. Memorandum dated 3/14/2001, from Buddy Balagia, CD Principal Planner, to the Board, Re: Seminole County SHIP Program; Home Ownership Assistance Program; Issues Raised by Golden Rule Housing/CDC. (cc: County Manager, DCM/Chandler, P&D Admin. Manager, Principal Coordinator, CDBG)
11. Letter dated March 13, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, to the Board transmitting copy of Notice of Public Hearing to consider the adoption of Ordinance No. 3628 annexing 5 acres of property lying between Oregon Avenue extended easterly and W. CR 46A/W. 25th Street and between Oregon Ave. and Upsala Rd. (cc: Board, DCM/Chandler, Planning & Development Director, Planning Manager)
12. Letter dated March 13, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, to the Board transmitting copy of Notice of Public Hearing to consider the adoption of Ordinance No. 3627 to annex .36 acres of property lying between SR 46 and Smith Canal Road and between Elder Road and Upsala Road. (cc: Board, DCM/Chandler, Planning & Development Director, Planning Manager)
13. Memorandum dated March 9, 2001, from Doris-anne Freemen, City Clerk Dept., City of Altamonte Springs, transmitting copies of Ordinance 1393-01 - Annexation; Ordinance 1394-01 – Comp. Plan; and Ordinance 1395-01 - Rezoning and area map Re: Annexation of parcel of land lying in the Southeast one-quarter (SE 1/4) of Section 22, Township 21 South, Range 29 East, Seminole County. (cc: Planning and Development and as noted)
14. Memorandum dated March 9, 2001, from Doris-anne Freemen, City Clerk Dept., City of Altamonte Springs, transmitting copies of Ordinance 1396-01 - Annexation; Ordinance 1397-01 - Comp Plan; and Ordinance 1398-01 - Rezoning and area map Re: Annexation approved by City Commission, Atlantic Richfield Company (Amoco Service Station), owner. (cc: Planning and Development and as noted)
15. Newsletter from the School Board of Seminole County.
16. Letter dated March 13, 2001, from Robert T. Snyder, P.E., Program Manager, Department of Environmental Protection, Re: Seminole County Facilities Maintenance - Hospital Road Site - OCD-HW/E-97-0028/Case closed. (cc: Board, County Manager, DCM’s, Public Safety, Environmental Services)
17. Letter dated March 12, 2001, from Jennifer Bencie, M.D., M.S.A., Administrator, Seminole County Health Department, Re: Quarterly Report - FYTD Fourth Quarter 1999-2000. (cc: Board, County Manager, Director of Community Services)
18. Letter dated March 12, 2001, from Mayor Larry A. Dale, City of Sanford, requesting item for BCC agenda re: old Post Office for Community Service Center. (cc: Board, CM/response)
19. Notice of Board Meeting and Agenda for Seminole County Port Authority meeting of March 12, 2001. (cc: Comm. Maloy, Liaison)
20. Notice of City of Sanford public hearing 4/5/01 re: Conditional Use. (cc: BCC, Co. Manager, Planning & Development Director, Comprehensive Planning Manager)
21. Copy of letters dated 2/28/01 to various elected officials from Sumner Hutcheson, III, CEO-American Red Cross re: Emergency Services provided in respective districts. (cc: Co. Manager, BCC Chairman)
22. Notice of City of Longwood public hearing 4/2/01 re: Vacate and Abandonment. (cc: BCC, Planning & Development Director, Comprehensive Planning Manager)
23. Letter to BCC from Carolyn Alexander, PTA President-Hamilton Elementary re: Support for continuation of one-cent sales tax. (cc: Co. Manager, Fiscal Services Director, Public Works Administrative Manager)
24. Letter dated 3/21/01 to BCC from Cliff Thaell, Commissioner At-Large, Leon County re: Support for 2nd Vice Presidency of Florida Association of Counties.
25. Letter dated 3/23/01 to Chairman (with attachments) from Charles Gauthier, Chief, Bureau of Local Planning-Department of Community Affairs re: Review of Comprehensive Plan Amendment received 1/16/01. (cc: Planning & Development Director, Sandra Glenn-Executive Director-ECFRPC, BCC, Co. Manager, Deputy Co. Managers)
26. Notice of City of Oviedo public hearing 4/5/01 re: Conceptual development plan for River Oaks Reserve PUD. (cc: BCC, Co. Manager, Deputy Co. Manager [Chandler], Planning & Development Director)
27. Letter to BCC from Pam Mazzotta, SAC Chairperson-Hamilton Elementary re: Support for continuation of one-cent sales tax. (cc: Co. Manager, Fiscal Services Director, Public Works Administrative Manager)
28. Letter to BCC from Nan Parker, Principal-Hamilton Elementary re: Support for continuation of one-cent sales tax. (cc: Co. Manager, Fiscal Services Director, Public Works Administrative Manager)
29. Facsimile dated 2/27/01 to BCC (with attachments) from Harry Buffkin, Jr. re: Continuation of sales tax. (cc: Co. Manager, Fiscal Services, Public Works Administrative Manager)
30. Letter dated 3/21/01 to BCC from Ray Eubanks, Community Program Administrator-Dept. of Community Affairs re: Not conducting compliance review on Small Scale Development Plan Amendments adopted 2/13/01. (cc: Sandra Glenn, Executive Director-ECFRPC, BCC, Co. Manager, Deputy Co. Manager [Chandler], Planning & Development Director, Comprehensive Planning Manager)
31. Letter dated 3/18/01 to Chairman from Fred & Yvonne Macklin re: Opposition to Wekiva Park Subdivision rezone. (cc: BCC, Co. Manager, Deputy Co. Manager [Chandler], Planning & Development Director, Comprehensive Planning Manager)
32. Copy of letter dated 3/19/01 to Buddy Balagia, Principal Planner from Jan Sidium, Compliance Agent-Seltzer Management Group re: Annual SHIP Management Review. (cc: Wilma Lauder, Michael Chaney, BCC, Co. Manager, Deputy Co. Manager [Chandler], Planning & Development Director)
33. Memorandum dated 3/20/01 to BCC from Kevin Grace, Co. Manager re: Tuition refund audit. (cc: Deputy Co. Managers, Human Resources Director)
34. Letter dated 3/15/01 to BCC (with attached report) from Suzanne Gable, Director-Division of Financial Management St. Johns River Water Management District re: Annual Financial Audit.
35. Copy of letters dated 3/20/01 from Ken Roberts, Public Safety Director re: Appreciation of recent donations to the following: Robin Garcia, Deanna Church, Susan Kern, Steven Demarzo, and Margaret Czekalinski.
36. Contracts for services, as shown on page _______, between Seminole County Parks & Recreation Department and the following: William Jones (Tennis instructor), Michael Rodriguez (Slow pitch softball scorekeeper), Erik Rodriquez (Slow pitch softball scorekeeper), David Stankiewicz (Umpire-Slow pitch softball), Peter Vleasquez (Umpire-Slow pitch softball), Anthony Walker (Umpire-Slow pitch softball), Chris Williams (Tennis instructor), John Johnson (Tennis tournament umpire), Brian Amberg (Field supervisor-Slow pitch softball).
CHAIRMAN’S REPORT
Chairman Van Der Weide recommended the appointment of Ben Tucker to the Port Authority and a Resolution of appreciation to Stan Sandefur.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to appoint Ben Tucker to the Seminole County Port Authority Board to fill the unexpired term ending January 1, 2004; and adopt appropriate Resolution #2001-R-59, as shown on page _______, of appreciation to Stan Sandefur for his service on the Port Authority Board.
Districts 1, 3, and 4 voted AYE.
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Chairman Van Der Weide stated after conferring with the County Manager and County Attorney, he is recommending at the next meeting, during the morning when the Chairman and Vice Chairman are absent, that the three Commissioners present elect an Acting Chairman until the Vice Chairman arrives at the meeting.
Mr. McMillan agreed he would call the meeting to order.
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Chairman Van Der Weide distributed to the Board a letter (copy received and filed) addressing the Greenways and Trails Committee in Tallahassee and said he is asking for approval to sign the letter in support of the National Trails Symposium coming to Orlando in Year 2002.
Motion by Commissioner Henley, seconded by Commissioner Maloy, to authorize Chairman Van Der Weide to execute the letter, as shown on page _______, to the Office of Greenways and Trails in support of bringing the National Trails Symposium to Orlando in Year 2002.
Districts 1, 3, and 4 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley reported on the Kewannee Park that he had a meeting recently with the citizens and things are moving along now. He said they have removed some of the muck and he thinks the citizens are happy with what is being done.
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Motion by Commissioner Maloy, seconded by Commissioner Henley, to appoint Doug Forner to the Seminole County Industrial Development Authority for a four-year term ending January 1, 2005; and adoption of appropriate Resolution 2001-R-60, as shown on page _______, of appreciation to George Noga for his service on the SCIDA Board.
Districts 1, 3, and 4 voted AYE.
COMMITTEE REPORTS
Commissioner Maloy reported that the Budget committee will be looking at additional funds from the Port Authority to be returned to the County, as was discussed by the Board previously. Also, he was advised, regarding the bonuses the Port Authority director has been receiving over the last nine years, that the Florida Retirement System has notified him that those do not qualify as salary. They are returning to the Port Authority about $24,000 in payments. A brief discussion ensued.
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Commissioner Maloy advised he has been unable to attend the Wastewater Transmission Authority meetings on Thursday mornings due to his business scheduling conflicts, and he said this will continue to be the case over the next couple months. He asked Mr. Grace to check that Terry Owens is covering this meeting.
Commissioner Maloy also said he learned he is on the CALNO Board and he will be unable to attend those meetings for the next couple months as well. He asked the Chairman to make the backup Commissioner aware of that.
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Commissioner Maloy stated the Lynx Board is proposing new routes, and a study is going on in the UCF area. Upon his inquiry, DCM Frances Chandler advised that Planner Dick Thomas has been attending the Task Force meetings. Commissioner Maloy discussed the proposal by Lynx to add at least a couple new routes. He said the County staff has mentioned they thought it was premature to talk about new routes from Oviedo to Fern park. He wanted the BCC to know these new routes are not ones the Board has ever requested but ones the Lynx Board is putting together to talk to the BCC about.
COUNTY MANAGER’S REPORT
Mr. Grace advised that he and Ms. Chandler will be traveling to Tallahassee and returning on Thursday. He said DCM Jim Marino will be the Acting County Manager.
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Mr. Grace stated he sent a memo (copy received and filed) to the Commissioners giving his response regarding the Tuition Refund audit done by the Clerk of Court. He asked the Board to feel free to meet with him if they have any questions after reviewing his memorandum. He stated he is trying to set up a meeting with Shenandoah Village and should have a response to that audit over the next week or so.
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Commissioner Maloy asked if the Board was going to have a briefing on the last Trails Crossing item that was pulled from the agenda. Deputy County Attorney Stephen Lee advised staff has a meeting scheduled for Thursday afternoon to work on that ordinance.
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Commissioner Henley asked Mr. Grace for a report on the changes in what the County pays for court-appointed attorney fees. Mr. Grace said the figures are about as what was projected. He said the changes have only been in effect recently so the County has not seen any real results yet.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:10 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
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