BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 14, 1998
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:04 a.m., on Tuesday, April 14, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Randy Morris (District 2)
Vice Chairman Win Adams (District 4)
Commissioner Dick Van Der Weide (District 3) (Late)
Commissioner Grant Maloy (District 1) (Late)
Commissioner Daryl McLain (District 5)
County Manager Gary Kaiser
County Attorney Robert McMillan
Deputy Clerk Sandy Wall
The Chairman announced that this is a new time and place (Room 3024) to convene the Official Meeting of the Board of County Commissioners.
County Manager, Gary Kaiser, explained this is a new agenda format that the Board will be using today. He stated the Board will be considering departmental reports and general County business during this morning’s session and will be considering development review projects and public hearings at this afternoon’s session.
Commissioner Van Der Weide entered the meeting at this time (9:05 a.m.).
COUNTY MANAGER’S BRIEFING
No report.
COUNTY ATTORNEY’S BRIEFING
County Attorney, Robert McMillan, advised his office has two items to update the Board on with regard to Legislative matters impacting right-of-way acquisition costs. He advised
that the Florida Association of Counties (FAC) has requested the County contact their representatives to explain the costs involved should the proposed legislation pass.
Assistant County Attorney, Henry Brown, addressed the Board to briefly review SB-92 and SB-516, stating both bills have a significant impact on what the County is paying for in the area of business damages. Memorandum dated April 13, 1998 from Mr. Brown to the BCC regarding same was received and filed. He stated that FAC and some of the Counties are putting together an amendment which would reduce the impact of the bills. He illustrated the impact these bills would have on a Seminole County project by using the Butler Plaza property as an example.
Commissioner Maloy entered the meeting at this time (9:14 a.m.).
Upon inquiry by the Chairman, Attorney Brown recommended the County participate in the process and attend meetings where these bills are discussed.
Deputy County Attorney, Lonnie Groot, concurred with Attorney Brown, stating the County Attorney staff and the County’s Lobbyists need to appear at the committee meetings and to also talk to the representatives individually.
Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize the County Attorney’s office and the County’s Lobbyist to present to the Legislature the County’s objections and concerns with regard to SB-92 and SB-516.
Under discussion, Commissioner Van Der Weide stated he would like to receive comments from the County’s Lobbyist firm as to whether this effort can be successful and whether or not it is too late.
The Chairman suggested the staff not follow FAC’s lead on this, but to go a separate course.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Attorney Groot gave the Board an update on the actions of the Florida Constitution Revision Commission (CRC). He advised the CRC is recommending nine proposed revisions for the 1998 Ballot. They are as follows: Revision 1 - Changing the name of the Game and Fresh Water Fish Commission to the Fish and Wildlife Conservation Commission and taking away all jurisdiction from the Legislature concerning marine life; Revision 2 - Deals with Education, stating that education is a fundamental value of the people of the State; Revision 3 - Relates to Article V and provides an option to retain judges through the merit retention process. It provides for funding for the State Courts System, State Attorneys’ Offices, Public Defenders’ Office, Court-appointed Counsel, and Clerks of Circuit and County Courts; Revision 4 - Restructures the State Cabinet System and combines the duties of the Comptroller and Treasurer; Revision 6 - Relates to the campaign and election process; Revision 7 - Relates to Ex Parte Communication and Local and Municipal Property Tax Exemptions; Revision 8 - Relates to local gun control; and Revision 9 - Relates to the Code of Ethics. Copy of the proposed revisions was received and filed.
CHAIRMAN’S REPORT
The Chairman advised he is in receipt of a check in the amount of $500 from the Central Florida Friends of the Trails for the opening of the Trail.
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The Chairman advised the County is in receipt of a request for a continuance from the School Board with regard to Item #F(1), Appeal against the Board of Adjustment, Seminole County Public Schools, scheduled for 1:30 p.m. today.
COUNTY MANAGER’S REPORT - CONSENT AGENDA
OMB Director, Cindy Manoni, addressed the Board to advise of a change to Item #34, BCR #98-51, Capital Redesignation for the Judicial/Circuit Court. She advised that $2,660 will be dedicated to the 60-64 line for furniture.
Motion by Commissioner Adams, seconded by Commissioner Maloy to approve and authorize the following:
Tourism Development
1. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and World Sports and Marketing, Inc. (Vans Triple Crown of Wakeboarding), in the amount of $5,000.
2. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and the Orlando Area Sports Commission (2000 Amateur Athletic Union Junior Olympic Championship Bid Agreement) in the amount of $75,000, to be paid in three installments of $25,000 each over the next three years.
Public Works
Road Operations
3. Authorize release of Cash Maintenance Bond ($1,237.02) for Landmark Building & Construction, Inc. for paving and drainage improvements for the McCulloch Road improvement project in conjunction with Riverbend Unit II Subdivision. District 1
4. Authorize release of Maintenance Bond and Irrevocable Letter of Credit #015998 ($6,257.70) for Pulte Home Corporation, for paving and drainage improvements for the Huntington Pointe, Phase I project. District 2
Stormwater
5. Approve and authorize Chairman to execute the Natural Resources Conservation Services ADS-78 Form, Assurances Relating to Real Property Acquisition, as shown on page _________.
Environmental Services
Water/Wastewater
6. Approve revised Customer Agreement, as shown on page __________, for Reclaimed Water Rates.
7. Authorize release of Maintenance Bonds #141489 ($7,184) for private roads and #141490 ($5,012) for water and sewer for the Lake Forest 3B, Phase III project. District 5
Public Safety
Emergency Management
8. Approve and authorize Chairman to execute Property Loan Agreement, as shown on page ________, with the Department of Environmental Protection for the Dell CPU and HP Laserjet Printer.
9. Approve and authorize Chairman to execute Memorandum of Understanding, as shown on page ________, between Seminole County and Seminole Community College providing for use of the College facility for dependent care shelter during an emergency.
Planning & Development
Current Planning
10. Approve a special events permit for The Andrew Bromberg Foundation to hold the 20th Annual Classical Music Concert with the Orlando Philharmonic Symphony on Saturday, May 16, 1998 at 7:30 p.m., within The Springs PUD, located west of Markham Woods Road and north of SR 434. District 5
Comprehensive Planning
11. Approve and authorize the Chairman to execute the Cross Seminole/Florida National Scenic Trail Certification Plan, and appended Agreements, as shown on page _________, for (1) Joint Management between Florida Trail Assoc., City of Oviedo and Seminole County; (2) Joint Use between MacAsphalt: APAC Florida, Inc. and Seminole County; and (3) Joint Use between Florida Power & Light Company and Seminole County.
12. Approve the proposed Caretaker/Steward Program for the Natural Lands Program.
13. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page __________, with the Center for Affordable Housing, Inc. to acquire, rehabilitate and sell affordable housing units to lower income households.
14. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page __________, with the Boys & Girls Club, Inc. to staff the new Lillie H. Green Community Center in East Altamonte.
15. Approve and authorize Chairman to execute Right of Entry and License Agreement, as shown on page ________, with Robert A. Yeager to utilize his property for parking for the Cross Seminole Trail Grand Opening Events.
Community Services
Community Assistance
16. Approve and authorize Chairman to execute 1998/99 Byrne Drug Grant Certificate of Participation, as shown on page ________.
17. Approve the Department of Community Affairs’ Byrne Drug Control and System Improvement Formula Grant Program (Lapse Funds), match funds of $40,325.44; and authorize Chairman to execute all required grant documents, as shown on page _________.
Library & Leisure Services
Parks & Recreation
18. Approve and authorize Chairman to execute Lease Agreement, as shown on page _________, with Seminole Softball Club, Inc. for building at Soldier’s Creek Park.
19. Approve and authorize Chairman to execute Special Priority Use Agreement, as shown on page _________, with Seminole Softball Club, Inc. for rights to softball fields at Soldier’s Creek Park.
Office of Management & Budget
Purchasing
Formal Contracts
20. Award FC-132-98/BJC Contract, as shown on page ________, Rinehart Road Landscape Project, to Phoenix Hayes, Inc., Wellington, Florida ($170,825).
21. Approve Change Order #1 to FC-115-97/BJC, as shown on page _________, State Attorney’s Building Roof and A/C Renovation, with M & M Builders, Inc., Longwood, Florida ($9,114.20).
22. Approve Change Order #1 to FC-119-97/BJC, as shown on page _________, Sanford Avenue (Lake Mary Boulevard to Airport Boulevard) Landscape Project with Sterling Silver Scape & Sod, Inc., Kissimmee, Florida ($10,571.00) and time extension.
23. Approve Change Order #2 to FC-119-97/BJC, as shown on page _________, Sanford Avenue (Lake Mary Boulevard to Airport Boulevard) Landscape Project with Sterling Silver Scape & Sod, Inc., Kissimmee, Florida ($1,400.00).
24. Approve Change Orders #28 and #29 to FC-226, as shown on page __________, Tuskawilla Road, Phase I with Hubbard Construction Company, Winter Park, Florida (-$38,351.62) ($39,436.27).
25. Acceptance of FC-226, as shown on page _________, Tuskawilla Road, Phase I with Hubbard Construction Company, Winter Park, Florida (Certificate of Completion).
Professional Services
26. Approve Amendment #1 to Work Order #6, PS-140, as shown on page ________, Engineering Consulting Services for the Water Division, SR 436 Utility Relocation (Orange County Line to Avery Lane), with Conklin, Porter and Holmes Engineers, Inc., Sanford, Florida ($44,286.00).
27. Approve Amendment #2 to Work Order #4, PS-152, as shown on page _________, Construction Engineering and Inspection Services for Seminola Boulevard Road Construction, with Reynolds, Smith and Hills CS, Inc., Altamonte Springs, Florida ($120,709.25).
Annual Bids
28. Authorization to reject the low bidder, Lawn Enforcement, and award A/B-320-98/GG, Annual Bid for Utilities Mowing & Ground Maintenance Services, to the second low bidder, Jim Ott Landscape, Deland, Florida ($63,530.00).
29. Approve second renewal with an average 6% increase for T/C-113, Term Contract for Herbicide Chemicals, with Helena Chemical, Mount Dora, Florida ($125,769.00).
30. Approve Amendment #1 to A/B-118, Asphalt Base Stabilization, with Ranger Construction Industries, Inc. (secondary vendor), South Daytona, Florida ($90,000.00).
Other
31. Approve Amendment #1, as shown on page ________, to M-28-97/BJC, 911 Equipment Upgrade, Service and Maintenance Lease Agreement, with BellSouth Business Systems, Inc., Ft. Lauderdale, Florida ($18,000.00).
32. Approve Joint Utilization of the State of Florida Contract #730-650-97-1, Telecommunications Equipment, Private Automated Branch Exchange, and purchase the passport equipment for a negotiated rate, for a turnkey telecommunication systems for the new Seminole County Sheriff’s Office and Public Safety Complex, with Sprint, Maitland, Florida ($572,972.00).
Budget
33. BCR #98/50 ($35,000), Public Safety, EMS/Fire Rescue Fund 11200, Fire Fund; to provide funding to repair the driveway and sidewalk at Fire Station #27.
34. BCR #98/51, Capital Redesignation, Judicial/Circuit Court Fund 12400, Court Facilities Fees Fund; request funding from Court Facilities Fees Fund to renovate an office to accommodate two judges, as revised.
35. BCR #98/53 ($1,300), Planning & Development/Administration Fund 00100, General Fund; accounting adjustment to move funds into the appropriate department to buy an approved high resolution digital camera.
36. BCR #98/54 ($60,000), Community Services/Community Assistance Fund 00100, General Fund; to transfer funds needed to continue to provide emergency assistance to eligible County residents due to a change in requirements for CSBG grant funds.
37. BCR #98/55 ($136,000), Planning & Development/Comprehensive Planning Fund 00100, General Fund; to provide funds for amenities, landscaping and construction for Cross Seminole Trails.
38. BCR #98/56 ($139,333), Planning & Development/Comprehensive Planning Fund 31100, Environmentally Sensitive Lands Fund; to appropriate funds for implementation of the Natural Lands Prescribed Burn Program to purchase associated capital equipment for Public Safety and provide fire fighting operating costs.
39. BCR #98/57 ($4,798), Planning & Development/Development Review Fund 10400, Development Review Fund; to provide funds in the equipment line for the replacement of two radios.
40. BCR #98/59 ($765,094), Planning & Development/Comprehensive Planning Fund 11902, Grants and Aid Fund; to reallocate the Home Program funds into a separate cost center for the purpose of tracking yearly allocations.
41. BCR #98/62 ($41,462), Community Services/Medical Examiner Fund 12700, Justice Trust Fund; accounting adjustment to transfer funds needed for autopsies and related charges to proper expenditure account until a Medical Examiner is hired.
42. BCR #98/64 ($21,000), Public Works/Stormwater Fund 13000, Stormwater Fund; to provide funds for purchase of a sandbagger to be used to prevent flooding, a portion of which will be reimbursed by FEMA.
43. BCR #98/65, Capital Substitution, Public Works/Traffic Engineering Fund 077700, County Transportation Fund; to make funds available from capital savings to replace a stolen radio.
44. Adoption of appropriate Budget Amendment Resolution #98-R-73, as shown on page _________, ($18,350), Office of Management & Budget Various Funds. In the FY 1997/98 adopted budget, $333,105 was budgeted for vehicle leasing. As a result of a needs reassessment and a vehicle reallocation/purchase plan, the number of new vehicles needed is reduced from 16 to 6 with a cost savings of $199,723. This action transfers the funds necessary to purchase the vehicles to the appropriate capital lines.
45. Authorize expenditure in the amount of $7,500 from the Law Enforcement Trust Fund to provide funding for the "Good Student Incentive Program" for Seminole County High Schools.
46. Approve Grant Application, as shown on page ________, to Florida Motor Vehicle Theft Prevention Authority for local law enforcement funding; and authorize Chairman to execute associated grants.
47. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Don Beach and Lucretia Moler for Lake Mills Shores Roadway and Drainage Municipal Services Benefits Unit. District 1
County Manager
48. Approve the reappointment of Oviedo Councilman Tom Hagood, Jr. to the Seminole County Expressway Authority for a two-year term ending April, 2000.
Planning & Development
Development Review
49. Adoption of appropriate Resolution #98-R-74, as shown on page _________, vacating and abandoning the platted existing 30-foot cross access easement to accommodate design layout of the proposed ManorCare Health Services Inc. site, located south of Red Bug Lake Road and west of Tuskawilla Road on the north side of Willa Springs Drive in the Willa Springs Commercial Center development (Frank J. Tepper, Trustee). District 1
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
Litigation
1. Seminole County v. Faye R. Chandrinos, et al. – Approve proposed settlement in the amount of $43,130, inclusive of attorney fees and expert costs, relating to Parcel Nos. 131/731 located at 109 Quail Ridge Court Sanford of the CR 46A, Phase II road improvement project (Faye R. Chandrinos, owner).
Property Acquisition
2. Adoption of Second Amended Resolution of Necessity #98-R-75, as shown on page ________, relating to Tuskawilla Road Phase IV road improvement project (from Winter Springs Boulevard to SR 434).
3. Adoption of appropriate Resolution #98-R-76, as shown on page ___________, authorizing exchange of real property with Richard S. Casselberry, Trustee.
4. Approve Purchase Agreement, as shown on page _________, relating to Parcel No. 113/713 located at 511 W. Chapman Road, in the amount of $124,347 and includes land, severance damage, temporary construction easement, attorneys’ fees and expert witness costs (Charles W. and Susan M. Evans, owners).
5. Adoption of Resolution of Necessity #98-R-77, as shown on page ________, relating to Airport Boulevard Phase III road improvement project (CR 46A to SR 46).
Districts 1, 2, 3, 4 and 5 voted AYE.
DEPARTMENTAL REPORTS
PLANNING & DEVELOPMENT/ECONOMIC DEVELOPMENT
Economic Development Manager, Bob Turk, addressed the Board to request reauthorization of the Jobs Growth Incentive (JGI) Program. He advised the program will sunset next month unless it is reauthorized per Ordinance #95-2. He distributed the Seminole County Economic Development Status Report booklet (copy received and filed) and briefly reviewed same.
Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-79, as shown on page ________, reauthorizing the Jobs Growth Incentive (JGI) Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
PLANNING & DEVELOPMENT/COMPREHENSIVE PLANNING
Director of Planning & Development, Frances Chandler, and Acting Comprehensive Planning Manager, Colleen Logan, addressed the Board to request direction with regard to the assessment of property known as St. Johns River Yacht and Tennis Club.
Commissioner McLain recommended working with the property owner and participating in a joint acquisition.
Motion by Commissioner McLain, seconded by Commissioner Adams to authorize staff to reinstate their offer of April 23, 1996 to participate in the joint acquisition of the St. Johns River Yacht and Tennis Club property with the same set of conditions; and to direct 80 man-hours of staff resources to complete the submittal package to FCT to be submitted by April 27, 1998.
Districts 1, 2, 3, 4 and 5 voted AYE.
PLANNING & DEVELOPMENT/BUILDING & FIRE PREVENTION
The Board was advised that there has been a request to continue the Appeal of Fire Codes by Michael F. Towers, Chief Executive Officer, Fleet Financial Corporation.
The Board, by consensus, continued this item until April 28, 1998.
PLANNING & DEVELOPMENT/CURRENT PLANNING
Senior Planner, Don Fisher, addressed the Board to briefly review request to adopt procedures and form for bonding for removal of telecommunication towers.
Motion by Commissioner McLain, seconded by Commissioner Adams to adopt procedures and form for bonding for removal of telecommunication towers; and to authorize staff to meet with the telecommunications industry to review additional methods to guarantee tower removal.
Districts 1, 2, 3, 4 and 5 voted AYE.
CLERK’S REPORT
The Chairman advised that there is no Payroll List dated April 9, 1998 and same should be deleted from the agenda.
Motion by Commissioner Adams, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page ________, dated March 17, 24, and 31, 1998; and Payroll Approval Lists, as shown on page ________, dated March 26 and April 2, 1998.
2. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Gloria Ustane Gonzalez and Continental Heritage Ins. Co., #97010245MMA - $538
Gary L. Lowery and Continental Heritage Ins. Co. - $318
Luis D. Alvarez and Frontier Ins. Co. - $3,038
Daniel Rodriguez and Ranger Ins. Co. - $1,038
3. Chairman to execute the following Satisfactions of Judgment for Court Costs:
James T. Nicholson, #97006570MMA - $110
Faye Redd, #94001963CFA - $103 plus $25 surcharge on fine and $41.31 interest
Billy Earl Marrale, #95003417CFA - $255 plus $23.75 interest
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. County Deed, as shown on page _________, for CR 427, Phase IV, Parcel No. 130, Jane Marie Mimbs, grantee, approved per Purchase Agreement on July 9, 1996.
2. Sludge Hauling Agreement, as shown on page __________, Northwest Area Regional Wastewater Treatment Facility, M-52-98.
3. Copies of letters from Ginny Markley, Zoning Coordinator, to Lucius J. Cushman and Kenneth R. Marchman advising of the decision of the Board of County Commissioners on March 10, 1998.
4. Work Orders No. 19 and 20 to RFP-407, as shown on page _________, Eminent Domain and Litigation Professional Consultant Agreements.
5. Work Order No. 5 to PS-356, as shown on page _________, Professional Engineering Services Agreement for Water and Wastewater Master Planning.
6. Construction Contract Agreement, as shown on page _________, Aloma Park Subdivision Wall, FC-131-98/BJC.
7. Fourth Amendment, as shown on page ________, to HVAC Maintenance and Repair Agreement, FC-317.
8. Contamination Evaluation Agreement, as shown on page _________, CR 427 Phase V, Parcels 109 and 110, M-54-98.
9. Performance and Payment Agreement and Letter of Credit, as shown on page _________, in amount of $33,000 for Eagles Point Development Limited Partnership.
10. Legal Services Consultant Agreement, as shown on page __________, with Maguire, Voorhis & Wells, P.A., M-48-98.
11. First Amendment to Work Order No. 3, as shown on page __________, Dixon Road MSBU Preliminary Engineering Study, PS-154.
12. Developer’s Commitment Agreement, as shown on page __________, for United Stor-All approved by the BCC on December 10, 1996.
13. Copy of letter to Attorney Philip H. Trees from Deputy County Attorney Lonnie Groot regarding Public Records Request.
14. Development Orders, as shown on page _________, as follows: L & L Acres Final Master Plan, Roger E. & Alice M. Perkins Room Addition, Pope/Border Lake Road rezone, Waiver to Subdivision Platting for CFG Real Estate Group, Inc., Southern Land Company, Daniel and Victoria L. Trivison, The Estates at Aloma Woods Homeowners Association, and Daryl F. Thiel.
15. Schedule No. 1 to Master Lease Agreement, as shown on page __________, with MLC Group, Inc.
16. Copy of memorandum to the BCC from Robert A. McMillan, County Attorney, regarding Ethics Complaint by Attorney Mike Jones.
17. Executive Order No. 98-08, as shown on page _________, extending the state of local emergency, executed on March 13, 1998.
18. Copies of letters from Ginny Markley, Zoning Coordinator, advising of action of the Board of Adjustment taken on March 23, 1998 to the following: Gary Lazar; Amy S. Lundin; Stephen P. Goodchild; Lyle Douglas Fugleberg; Richard Crate; Charles R. Westmark; Thomas & Mary Bold; Ken Khounnala; Steven Paulhus; Larry & Roberta Christensen; Michael & Mindy Guido; Kathleen Fargo; James & JoAnne Logue; Timothy Bennett; Franklin D. Gregg; Aaron J. Gorovitz; J. John Barker; and Steven A. Kenny.
19. Copy of letter to Pneumatic Concrete Co., Inc., from Project Engineer, FDOT, advising of change of date for preconstruction conference for the Gunite Repair SR 436 project.
20. Utility Agreement, as shown on page ________, for sewer for North Point Limited Partnership No. 1.
21. Letter to the Clerk of Court, Minutes Department, from Joseph M. Madden, Jr., submitting for filing a copy of an Intergovernmental Cooperative Agreement, as shown on page _________, with an Affidavit regarding providing insurance through Public Risk Management of Florida.
22. Memorandum from Deputy County Attorney Lonnie Groot to Sandy Wall, BCC Records, submitting materials relating to the protection of children from adult use advertising.
23. Letter to the Clerk of Court from the District Accountant, Dovera Community Development District, transmitting the Annual Financial Report and Audited Financial Statements for FY ended September 30, 1997.
24. Letter to the Clerk from Lee Ryals, St. Johns RWMD, transmitting copy of the Annual Financial Audit and Annual Local Government Financial Report for FY 1996-97.
25. Copy of Order from the Florida Public Service Commission regarding Application for approval of reuse project plan by Alafaya Utilities, Inc., Docket No. 960288-SU.
26. Bids as follows: #FC-134-98/BJC, A/B-320-98/GG, RFP-434-98/BJC, FC-132-98/BJC, B/D-204-98/GG, FC-137-98/BJC, RFP-433-98/BJC, RFP-420-97/BJC, RFP-432-98/BJC, RFP-431-98/BJC, PS-519-98/BJC, PS-518-98/BJC, and A/B-323-98/GG.
APPROVAL OF OFFICIAL MINUTES
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to approve the Official Minutes dated March 10 and 24, 1998.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 10:01 a.m., reconvening at 1:35 p.m. in Room 1028, this same date, with all Commissioners and all other Officials, with the exception of Commissioner Van Der Weide, who was late, and Deputy Clerk Sandy Wall, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Chairman Morris advised that today is the beginning of a new format to be followed for the Board meetings.
The Invocation was given by Pastor Wesley Baker, Church of God of Sanford.
Sanford Mayor Larry Dale led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Maloy, seconded by Commissioner McLain, to adopt appropriate Resolution #98-R-64, as shown on page __________, proclaiming the week of April 26-May 2, 1998 as "Law Week" and May 1, 1998 as "Law Day" in Seminole County.
Commissioner Maloy presented the Resolution to Tom Green, President of the Seminole County Bar Association, with Judges Gene Stephenson, Carmine Bravo, Ralph Eriksson, Donald Marblestone, and Attorney MaryAnn Klein, also accepting the Resolution.
Districts 1, 2, 4, and 5 voted AYE.
Mr. Green expressed appreciation to the Board and briefed them on activities that will be held in Seminole County during Law Week.
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Don Fisher, Senior Planner, addressed the Board to brief them on the National County Government Week Essay Contest and to introduce the winners as Meagan Mills, English Estates Elementary, 3rd Place Winner; Robby Hunn, Geneva Elementary School, 2nd Place Winner; and Justin Gibson, Geneva Elementary School, 1st Place Winner.
Commissioner Adams presented plaques to each student. Chairman Morris thanked all the schools for their participation and presented T-shirts to the teachers of the winning students, Mrs. Mary Kutner and Mrs. Charlotte Schmidt.
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Chairman Morris read the Resolution commending the Lake Mary High School Girls Basketball Team and Coaches for winning the State Championship in the final competition at Lakeland.
Motion by Commissioner Adams, seconded by Commissioner Maloy, to adopt said Resolution #98-R-67, as shown on page __________.
Districts 1, 2, 4, and 5 voted AYE.
Chairman Morris presented the Resolution to Principal Raymond Gaines, with Athletic Director Doug Peters, Head Coach Carl Brown and members of the 1997/98 Lake Mary Girls Varsity Basketball Team also accepting the Resolution.
Principal Gaines expressed his appreciation to the Board as well as the parents, citizens, Athletic Director, Coach and students.
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Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-68, as shown on page __________, commending the Lake Mary High School Girls Soccer Team and Coaches for winning the FHSSAA Class VI-A State Championship.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner McLain presented the Resolution to Principal Gaines, with Head Coach Bill Eissele and members of the 1997/98 Lake Mary High School Girls Soccer Team also accepting the Resolution.
Principal Gaines expressed his appreciation to the students, Head Coach Eissele, and to the BCC for their recognition of the quality students.
Commissioner Van Der Weide entered the meeting at this time.
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Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-69, as shown on page __________, proclaiming the week of April 19-25, 1998 as the 25th Anniversary Celebration of the Retired Senior Volunteer Program.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner McLain presented the Resolution to Julie Vale, RSVP Board President, with Executive Director Gloria Black and RSVP volunteers also accepting the Resolution.
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Motion by Commissioner Adams, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #98-R-65, as shown on page __________, proclaiming the week of April 19-25, 1998 as "Crime Victims’ Rights Week".
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Adams presented the Resolution to Debbie Rehder.
Ms. Rehder expressed her appreciation to the Board.
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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to adopt appropriate Resolution #98-R-66, as shown on page __________, proclaiming the week of April 19-25, 1998 as "National Library Week".
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Van Der Weide presented the Resolution to Jane Dees, with Suzy Goldman, Director of Library and Leisure Services, and Elizabeth Harper, President of the Friends of the Library, also accepting the Resolution.
Ms. Goldman advised the Board that the Friends of the Library have donated $45,000 to purchase additional PC work stations for public use. Also, she reported that last Friday was the first Friday in four years that the libraries have been open and the staff circulated 2,600 books.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to accept the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
PUBLIC HEARINGS
APPEAL AGAINST BOARD OF ADJUSTMENT
SEMINOLE COUNTY PUBLIC SCHOOLS
Proof of publication, as shown on page __________, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit a middle school (1500 students) and an elementary school (800 students) on a 35-acre site located on the north side of Econ River Place, ¼ mile west of SR 434 and ¾ mile north of the Seminole/Orange County line, Seminole County Public Schools, received and filed.
Current Planning Manager, John Dwyer, addressed the Board to state he provided each Commissioner with a copy of the letter (copy received and filed) received from Superintendent of Schools, Paul Hagerty, requesting a continuance to May 12, 1998.
District Commissioner Maloy said he has no objection to the continuance.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to May 12, 1998, the Appeal against the Board of Adjustment in denying a Special Exception to permit a middle school (1500 students) and an elementary school (800 students) on a 35-acre site located on the north side of Econ River Place, ¼ mile west of SR 434 and ¾ mile north of the Seminole/Orange County line; as described in the proof of publication, Seminole County Public Schools.
Districts 1, 2, 3, 4, and 5 voted AYE.
County Manager, Gary Kaiser, left the meeting room at this time.
"COMBAT AUTOMOBILE THEFT"
(C.A.T.) PROGRAM ORDINANCE
Proof of publication, as shown on page __________, calling for a public hearing to consider an Ordinance providing for the establishment of a "Combat Automobile Theft" Program, received and filed.
Chief Deputy Steve Harriet, Sheriff’s Office, and Investigator Dwayne Johnson addressed the Board. Mr. Harriett made a brief presentation to the Board and recommended approval of the Ordinance.
Mr. Kaiser returned to the meeting room at this time.
Mr. Harriett answered questions of Commissioner Maloy on how the program would work when vehicles are stopped.
Stan Bessmer, 1301 Glastonberry Road, Maitland, addressed the Board to state he has spoken with a lot of the residents and they are all in favor of this ordinance and he urged the Commissioners to give their approval.
No one else spoke in support or in opposition.
Speaker Request Form for Mr. Bessmer was received and filed.
Motion by Commissioner Adams, seconded by Commissioner Van Der Weide, to adopt Ordinance #98-22, as shown on page __________, providing for the establishment of a "Combat Automobile Theft" Program; as described in the proof of publication.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Maloy voted NAY.
ORDINANCE AND RESOLUTION
EDUCATION REFUND PROGRAM
HUMAN RESOURCES DEPARTMENT
Proof of publication, as shown on page __________, calling for a public hearing to consider enactment of Ordinance repealing Sections 195.1 and 195.2 of the Seminole County Code; and adoption of Resolution amending Personnel Policies Section 304, Training and Development, Human Resources Department, received and filed.
Nancy Tallent, Human Resources Director, addressed the Board to briefly present request for approval of the Ordinance and Resolution.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams, to adopt Ordinance 98-23, as shown on page __________, repealing Section 195.1 and 195.2 of the Seminole County Code; and adopt Resolution #98-R-70, as shown on page __________, amending Personnel Policies Section 304, Training and Development; as described in the proof of publication, Human Resources Department.
Districts 1, 2, 3, 4, and 5 voted AYE.
VACATE AND ABANDON
STEPHEN RATCLIFF
Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning the portion of Walker and Mikler Roads described as the 25 foot right-of-way for Walker Road and Mikler Road; property located approximately a half mile south of Chapman Road on the east side of SR 426, Stephen Ratcliff, received and filed.
Development Plans Examiner, Sylvia Smith, addressed the Board to present the request for approval of the vacate and abandonment conditioned upon the applicant dedicating the necessary easements to the County to be determined at the time of site plan review. She advised staff has received letters from the affected utility companies and the Florida Department of Transportation stating they have no objection to the request.
Heather Hill, area resident, addressed the Board to question what will be placed on the property and what are the environmental aspects of the vacate and abandonment.
County Attorney, Robert McMillan, explained the vacate and abandonment process to Ms. Hill.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Adams, to adopt appropriate Resolution #98-R-71, as shown on page __________, vacating and abandoning the portion of Walker and Mikler Roads described as the 25 foot right-of-way for Walker Road and Mikler Road, subject to the staff recommendations; property located approximately a half mile south of Chapman Road on the east side of SR 426; as described in the proof of publication, Stephen Ratcliff.
Districts 1, 2, 3, 4, and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated 3/23/98 from Clayton H. Wilder, FL DCA, to Chairman Morris re: Seminole County Police Athletic League. (cc: BCC, CM, DCM, Penny Fleming)
2. Letter dated 3/19/98 from Carla J. Farris to Chairman Morris re: consideration of air-raid type warning system in the event of tornado occurrence. (cc: BCC, CM, DCM, Ken Roberts)
3. Letter dated 3/24/98 from Silke M. Galassini to Chairman Morris re: jet skis on the Econ River. (cc: BCC, CM, DCM)
4. Copy of letter dated 3/20/98 from Darrell W. Smith, FL DOR, to H. W. Suber, Seminole County Property Appraiser, re: budget requests. (cc: BCC, CM)
5. Copies of letters dated 3/25/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of donations to Animal Control Division to: Gary Ketch; Henry & Linda Fishkind; Frederick Parks; Linda Hutchins; Kevin Sproul; Rae French at Hugs for Homeless Animals; and Victoria Huddleston.
6. Letter (with attachment) dated 3/17/98 from Charles W. Clayton, Jr. to Chairman Morris re: Peoples Mass Transit plan. (cc: BCC, CM, DCM, Dick Thomas, Harry Barley)
7. Copy of letter (with attachment) dated 3/24/98 from Frances Chandler, Planning & Development Director, to Jay Marder, City of Sanford Planning & Development, re: Southward/Twin Lakes plan amendment #98-1.
8. Fax dated 3/27/98 from John T. Legowik, MD, to Chairman Morris re: vacancy for Medical Examiner. (cc: BCC, CM)
9. Copy of letter dated 3/19/98 from Chairman Morris to Linda Chapin, Orange County Chairman, re: procurement local preference practices.
10. Notice of 3/26/98 Friends of Lake Jesup Restoration & Basin Management Team meeting and agenda. (cc: BCC)
11. Copy of letter dated 3/16/98 from Jane Polkowski, MD, Seminole County Health Department Director, to Jennifer Weeks, Sanford Wal-Mart Pharmacy, in appreciation of donations of prescription, first aid materials, and nutritional supplements during the recent tornado event in Seminole County. (cc: BCC, CM)
12. Memo dated 3/26/98 from Chris Bowley, Senior Environmental Planner, to Chairman Morris re: Cross Seminole Trail commendations for Frank Van Pelt and Tom George. (cc: BCC, DCM, Colleen Rotella)
13. Copy of letter dated 3/23/98 from John C. Litton, Lake Mary City Manager, to Gary E. Kaiser, County Manager, re: request for economic incentives for FISERV. (cc: BCC, DCM, Bob Turk)
14. Fax dated 3/25/98 from Stuart Doyle, FL Department of Children & Families, to BCC re: African American Male/Female Summit. (cc: BCC, CM, DCM)
15. Letters to Chairman Morris re: City Commission endorsement of Tom Hagood, Jr., for SCEA from: Janet R. Dougherty, Sanford City Clerk; and Cynthia S. Bonham, Oviedo City Clerk. (cc: BCC, CM, DCM, SCEA)
16. Notice to abutting property owners, City of Lake Mary, for Linda K. Shaw as General Contractor. (cc: BCC, CM, DCM, Current Planning)
17. Letter dated 3/24/98 from William W. Fernandez, Esq., to Chairman Morris re: equestrian portion of Cross Seminole Trail. (cc: BCC, CM, DCM, Colleen Rotella)
18. Notice of 5/8/98 FL DOT SR-46/Northwest Arterial Planning Study meeting. (cc: BCC, CM, DCM, Jerry McCollum, Dick Thomas)
19. Letter dated 3/20/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of contribution of "Homeless Homer/Morris the Cat" coupons in the Heinz Homeless Pets Program to: Julia McAfee.
20. Approved minutes of the 7/30/97 meeting of the Seminole County Animal Control Board.
21. Fax dated 3/18/98 from Kenneth W. Wright, Esq., to Chairman Morris re: Zom development at Red Bug Lake Road and Dodd Road.
22. Copy of letter dated 4/1/98 from J. Suzy Goldman, Library & Leisure Svs. Director, to Friends at Library Technical Svs. in appreciation of donation in memory of Raymond Durand.
23. Letter (with attachment) dated 4/8/98 from Daniel A. Lynch, EDC, to Chairman Morris re: 2nd quarter 1998 EDC business plan report.
24. Memo (with attachment) dated 4/2/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: Constitutional Revision Commission ballot measures.
25. Copy of letter (with attachment) dated 4/2/98 from Lonnie N. Groot, Deputy County Attorney, to J. Bradford Hines, Crawford Owen & Hines PA, re: legal position of Florida Power Corp. and use of County right-of-way.
26. Notice of 4/6/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)
27. Letter dated 3/26/98 from Dr. Warren Langer, Sanlando United Methodist Church, to Chairman Morris re: Raymond St. crosswalk. (cc: BCC, CM, DCM)
28. Fax dated 4/1/98 from Susan Eberle to BCC re: Econ River issues.
29. Fax dated 3/25/98 from Susan Eberle to BCC re: flooding/stormwater issues.
30. Letter dated 3/30/98 from Frederick W. Milch to BCC re: jet skis and air boats on the Econ River.
31. Copy of letter dated 3/31/98 from Lila & Kendell Wherry to Robert A. McMillan, County Attorney, re: Tuskawilla Rd. Phase II and retention pond on former Chubb property.
32. Memo dated 4/1/98 from Cindy Coto, Deputy County Manager, to BCC re: Earth Day.
33. Letter (with attachments) dated 3/30/98 from Diane Pickett, Time Warner Communications, to Chairman Morris re: cable social contract progress report to FCC. (cc: BCC, CM, DCM, Greg Hass, Chris Grasso)
34. Letter dated 3/30/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of donation to Animal Control Division to: Dorlynne Young.
35. Notice of 4/14/98 Community Svs. Block Grant Advisory Board meeting and agenda.
36. Memo dated 3/30/98 from Kathy Morris, Senior Planner, to Sandy Wall, Recording Secretary, re: submissions into County records.
37. Letter (with attachment) dated 3/2/98 from Robert A. Butterworth, FL Attorney General, to Chairman Morris re: 1996 annual report on hate crimes in Florida.
38. Notice of 4/2/98 District 7 Health & Human Svs. Board meeting and agenda. (cc: BCC, CM, DCM)
39. Copy of letter dated 3/30/98 from J. Bradford Hines, Esq., to Lonnie N. Groot, Deputy County Attorney, re: use of County right-of-way by Florida Power Corp.
40. Copy of letter dated 3/31/98 from Chairman Morris in appreciation of payment for the 1998 annual report calendar to: Nhuan Van Tran.
41. Letter dated 3/25/98 from Larry A. Dale, Mayor of Sanford, to Chairman Morris re: proposed purchase of Sanford City Hall for courthouse expansion project. (cc: BCC, CM, DCM)
42. Letter dated 3/25/98 from Larry A. Dale, Mayor of Sanford, to Chairman Morris re: replacement of docks at Sanford Marina and proposed allocation from FL Boat License Fee Fund. (cc: BCC, CM, DCM)
43. Fax dated 3/30/98 from Debi Rogers Nahigyan to BCC re: opposition to proposed bridge over Little Econ River. (cc: BCC, CM, DCM, Comprehensive Planning, Current Planning, Traffic Engineering, Development Review)
44. Fax dated 3/31/98 from FL Assoc. of Counties to BCC re: eminent domain legislation HB 3583. (cc: BCC, CM, DCM, Dick Thomas, County Attorney)
45. Copy of letter dated 3/30/98 from Linda J. Masters, Southeast Seminole County Voters Assoc., to Richard Harris, Seminole County P&Z/LPA, re: opposition to proposed zoning change for 5.8 acre parcel on Lake Mills Rd. (cc: BCC, CM, DCM, Current Planning)
46. Copy of letter dated 3/27/98 from J. Suzy Goldman, Library & Leisure Svs. Director, to Libby Harper, Friends of the Library President, in appreciation of $45,000 donation for computers and software programs.
47. Copy of letter dated 3/29/98 from Richard S. Casselberry, PE, to SJRWMD re: wetlands resource management application, Overstreet Investment Co.-Bent Tree Golf & Country Club. (cc: Development Review)
48. Copy of letter dated 3/26/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3390, property between W. 25th St./Sarita St./Mohawk Ave./Marshall Ave. (cc: Current Planning, Property Appraiser, Supervisor of Elections)
49. Copy of letter (with attachment) dated 4/7/98 from Chairman Morris to Larry A. Dale, Mayor of Sanford, re: proposed County purchase of Sanford City Hall for courthouse expansion.
50. Letter (with attachment) dated 4/7/98 from Ronnie J. Clayton, Remington Park HOA, to BCC re: proposed school sites near Iron Bridge wastewater treatment plant.
51. Notice of 4/23/98 Friends of Lake Jesup Restoration & Basin Management Team meeting and agenda.
52. Fax dated 4/10/98 from Susan Eberle to Paul Hagerty, Seminole County Schools Superintendent, in opposition to proposed school sites near Iron Bridge wastewater treatment plant.
53. Letter (with attachments) dated 4/3/98 from Misty McLennan, World Trade Center Orlando, to Chairman Morris re: World Trade Centers. (cc: BCC, CM, DCM, Bob Turk)
54. Letter dated 4/2/98 from Seminole County Historical Society to Chairman Morris re: repairs to Museum of Seminole County History. (cc: BCC, CM, DCM, Facilities Maintenance, Library & Leisure Svs.)
55. Letter dated 4/1/98 from Grey Wilson, Trail Friends, Inc., to Chairman Morris re: Cross Seminole Trail. (cc: BCC, CM, DCM, Colleen Rotella)
56. Fax dated 4/9/98 from Mark & Victoria Christopher to BCC in support of proposed school sites near Iron Bridge wastewater treatment plant. (cc: BCC, CM, DCM, John Dwyer)
57. Memo dated 4/6/98 from Bob Goff, Seminole County School Board, to BCC re: proposed school sites near Iron Bridge wastewater treatment plant. (cc: BCC, CM, DCM, John Dwyer, Gil Backenstoss, Frances Chandler)
58. Joint statement received 4/7/98 from Michael Sittig, FL League of Cities, Vivian Zaricki, FL Assoc. of Counties, and James F. Murley, FL DCA, to BCC in support of a single unified local mitigation strategy. (cc: BCC, CM, DCM, Frances Chandler, Colleen Rotella, Gil Backenstoss, Ken Roberts, Bob McMillan)
59. Letters dated 4/3/98 from Patricia Lurie to Chairman Morris re: personal watercraft on the Econlockhatchee River. (cc: BCC, CM, DCM, Comprehensive Planning, Current Planning, County Attorney)
60. Letter dated 4/2/98 from Deputy Sheriff Bernard Johns to Chairman Morris commending Telecommunications Maintenance Division and James Mize. (cc: BCC, CM, DCM, Chris Grasso, Greg Holcomb, Ken Roberts)
61. Copy of Gadsden County Times newspaper clipping received 4/8/98 from Gadsden United, Inc. re: FL Petroleum Pipeline siting legislation. (cc: BCC, CM, DCM)
62. Notice of 4/15/98 Seminole County Port Authority meeting and agenda. (cc: BCC, CM, DCM)
63. Letters re: Lake Mary City Commission endorsement of Tom Hagood, Jr., for SCEA from: Carol A. Foster, Lake Mary City Clerk, and Thelma McPherson, Casselberry City Clerk. (cc: BCC, CM, DCM)
64. Notice of 4/15/98 Alcohol, Drug Abuse & Mental Health Standing Committee meeting and agenda. (cc: BCC, CM, DCM)
65. Memo dated 4/7/98 from Lonnie N. Groot, Deputy County Attorney, and Ginny Markley, Zoning Coordinator, to BCC re: Eden Park Village Adult Congregate Living Facility.
66. Copy of letter dated 4/7/98 from Seema Jagtap, PE, FL DOT, to W.O. Downs, FL DOT, re: gunite repair to SR 436.
67. Notice of 4/22/98 Stormwater Working Group meeting and agenda.
68. Copy of letter (with attachment) dated 4/8/98 from Lonnie N. Groot, Deputy County Attorney, to J. Bradford Hines, Crawford Owen & Hines, re: use by Florida Power Corp. of County right-of-way.
69. Parks/Recreation contracts, as shown on page __________, for services: James Iannotti; and James E. Gibson.
70. Letters in opposition to extension of McCulloch Rd. over the Little Econlockhatchee River from: Charles & Thea Kersch; Randal J. Long; Campbell & Annette Pritchett; Carol & Eugene Pickler; John & Lorna Hallal; Mr. & Mrs. J. Morrow; and Anthony Rolland
CHAIRMAN’S REPORT
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve nomination by Chairman Morris and appoint John David "Crockett" Hunter to the Countywide Trails Task Force to be effective this date; and adopt appropriate Resolution #98-R-72, as shown on page __________, of appreciation to Robert Foley for his services.
Districts 1, 2, 3, 4, and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Maloy advised he has forwarded a letter (copy received and filed) to the Orange County Board of County Commissioners regarding their East Transportation Study.
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Commissioner Maloy reported that when Howell Branch Road was widened, the housing development sign for Temple Trace Subdivision was lost. He asked for consensus for the County to provide a replacement sign. The Board had no objections, and Chairman Morris said they would want to provide a sign that reflects the neighborhood.
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Chairman Morris advised he will not be able to attend the BCC meeting tonight.
COUNTY MANAGER’S REPORT
Mr. Kaiser advised the 3C’s project will be held this Saturday morning from 8:00 a.m. to noon.
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The meeting was recessed at 2:48 p.m., reconvening at 7:06 p.m., this same date, with all Commissioners and all other Officials, except for Commissioner Morris who was absent, and Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
APPEAL AGAINST BOA/Joseph Pesino Cruz
Continuation of a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit an ALF (Assisted Living Facility) with up to 30 residents on a 1.4 acre site located on the south side of Ridge Road, ¼ mile west of Highway 17-92 and approximately one mile south of SR 436, as described in the proof of publication, Joseph Pesino Cruz.
John Dwyer, Current Planning Manager, addressed the Board to advise the appellant, Mr. Cruz, is planning to construct four one-story dwelling units, each approximately 1600 sq. ft. in size and each housing a maximum of eight residents. He stated at the Board of Adjustment (BOA) hearing, several residents spoke in opposition citing increased traffic, water run-off, a change in the basic nature of the neighborhood and property devaluation. A petition with approximately 84 signatures was submitted to the BOA. He reviewed the standards for granting special exceptions as outlined in the agenda memorandum. He stated staff feels that the request is: (1) In compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code. However, the size and appearance of the facility should be restricted in order to protect the character of the area; (2) The ALF with four separate dwelling units, residential in character, would be in agreement with the trends of development in the area or neighborhood. The abutting property to the south is zoned PUD and developed as a mini-storage facility and the property to the north, east and west is single-family residential. He noted that this property could be developed as four single-family lots or replatted into five single-family lots; (3) The proposed ALF would not have an unduly adverse effect on existing traffic patterns, movements and intensity as the residents do not drive vehicles, and the staff to run the facility would be minimal; and (4) The proposed facility with four separate dwelling units, each approximately 1600 sq. ft. in size, would be compatible with the neighborhood in its physical size. Therefore, staff has no objections to granting the special exception for a total of 30 residents in four separate dwelling units (8 residents each in three units and 6 residents in one unit) subject to: (1) The ALF to be for the elderly and not for individuals with mental disorders or substance abuse problems; (2) The ALF to consist of four separate dwelling units, approximately 1600 sq. ft. in size with a total of 30 residents (8 residents each in three units and 6 residents in one unit); (3) The proposed facility/property to have the appearance of four separate residential dwellings; and (4) No on-site signage that can be read from off-premise other than a sign listing the property address. He stated he received a letter (received and filed) from Mr. Cruz modifying his request. He read the following amendments: (1) The proposed newly designed buildings will be replaced with more traditional architecture style as shown in the sketches and plot plans submitted with his letter; (2) Reducing the number of residents from 30 to 24. Each resident will have their own private bath within their own building, and will share activity space with 5 other residents. (3) Concrete walkways will be connected to all entrance ramps to building’s handicapped parking. (4) Each staff member will have a special office with half bath set aside in each building. (5) There will be no other commercial vehicles that already exist in any established neighborhood. (6) Garages will be added to each house plan in order to enhance the traditional look of the neighborhood; (7) Motel style AC wall units will be added to each room; and (8) Mr. Cruz will be hiring a professional tree mover to move as many of the large trees as possible from where each building will be built to a new location near the front of the property.
Upon inquiry by Commissioner Adams, Mr. Dwyer advised that if the facility shuts down, it will revert back to single family residential. He stated if a single family wants to move in now, they can live in it without changing it as it is still zoned residential.
At the request of Commissioner Adams, Robert McMillan, County Attorney, addressed the Board to explain what the law is in the State of Florida for adult living facilities.
Upon inquiry by Commissioner McLain, Mr. Dwyer advised the appellant would be able to build one unit on this site without a special exception.
Upon inquiry by Commissioner Van Der Weide, Mr. Dwyer advised these facilities will be licensed by HRS and they will determine how many people will live there.
Joseph Cruz, appellant, addressed the Board to request the reversal of the Board of Adjustment’s decision. He stated he was able to hear most of the neighbors’ concerns and to the best of his ability, he feels he can alleviate them. He said Tom Saunders can explain the details of the project.
Upon inquiry by Commissioner Adams, Mr. Cruz advised he has never done this type of business before. He said he is presently a medical coreman in the service and he believes that his experience from this type of work in the service has exposed him with this kind of clientele and to identify their needs. He added he has worked as an x-ray technician at the Winter Park Hospital and he was able to serve the senior population there.
Upon inquiry by Commissioner McLain, Mr. Cruz advised he is planning to make one facility his residence, but he won’t be living there at the present time.
Upon further inquiry by Commissioner McLain, Mr. McMillan advised the appellant’s work experience would not be a reason to deny the special exception. He added that would be the decision of HRS.
Joseph Holloway, Sr., 2310 Sandalwood Dr., addressed the Board to read his comments (received and filed) in opposition to the request. He discussed the issues as follows: this being a business facility and should not be a part of a residential community; the appellant not trying to compromise with the residents; Mr. Cruz not succeeding in obtaining the residents’ confidence nor committing to certain requests; and no safety for seniors having to walk on any surface that has bark or mulch.
Upon inquiry by Commissioner Adams, Mr. McMillan advised the County cannot enforce deed restrictions as they are private, civil agreements.
Dixie Phillips, 2204 Sandalwood Dr., addressed the Board to submit Petitions, as shown on page _________, of 143 signatures opposing the ALF. She stated once you put a business in a neighborhood you will change the character of the neighborhood forever. The residents’ main concern is they do not want a business in their neighborhood. There are many children that play and live on Ridge Road and this facility will increase the traffic. She expressed concerns relative to operating the facility not just for the elderly, but because the proposed request will decrease the value of their homes.
Commissioner Maloy left the meeting at this time.
Upon inquiry by Commissioner McLain, Ms. Phillips advised she does not have a problem with the appellant fixing the existing home and housing six people.
Donald Buth, Sr., 129 Highland Dr., addressed the Board to state he has resided in Fern Park since 1958. He submitted a Petition, as shown on page _________, of 19 signatures opposing the request.
Commissioner Maloy reentered the meeting at this time.
Mr. Buth stated he does not desire anything in this area other than single family residences. He referred to the Florida Statute, building and life safety codes, and Seminole County’s code. He said he is against the special exception and he does not want this type of business in his area.
Henton Brown, 2203 Sandalwood Dr., addressed the Board to state the elderly will not be safe walking in this area. He said an elderly person was hit by a car this past Monday while walking to the store.
David Phillips, 2204 Sandalwood Dr., addressed the Board to speak in opposition to the special exception. He stated the neighborhood has a chain link fence and lock doors to contain their residents and questioned how Mr. Cruz is going to contain his residents. He said he has lived in his home for 24 years and his daughter lives near him because she feels safe in this neighborhood.
Deanna Lathrop, 405 Ridge Rd., addressed the Board to state she has worked in health care all of her adult life and she sees this facility as a fancy concentration camp. She said Fern Park is stuck with too many unwanted adult group businesses as they are grandfathered in. Ridge Road has far too much traffic and congestion and this facility will add to that problem.
Edward Lathrop, 405 Ridge Road, addressed the Board to state there have been quite a few accidents on Ridge Road and more will occur this is approved. He stated he says no to this project.
George Stevenson, 2211 Driftwood Dr., addressed the Board to state his concern is safety. He stated he knows that an existing pervert lives in the neighborhood and if this facility is opened up, no one will know who is living there. The proposed four units will look exactly alike and no one will want to buy a home that looks like the other.
Commissioner Maloy stated if four homes were built on this lot with average teenage boys living in them, there would be much, more likely possibility of higher crime in the neighborhood than there would be with elderly people living in them.
Mr. Stevenson stated the neighborhood has people walking the streets who know who to look for and what to look for. When someone moves in, there is always someone watching them and it is easier to watch a problem if they know where it is.
Commissioner McLain stated Mr. Cruz is requesting an assisted living facility and those people will need assistance. He stated he has a problem understanding Mr. Stevenson’s concern relative to safety when there will be elderly people who need assisted care living there.
Commissioner Van Der Weide left the meeting at this time.
Stanley Crocker, 290 Sandalwood, addressed the Board to state his objection is Mr. Cruz is going to construct 4 commercial buildings in one spot. He stated if his business fails, this is something that cannot be turned into houses and it is on a busy street.
Tom Saunders, representing Mr. Cruz, addressed the Board to state he and Mr. Cruz have tried to incorporate the changes on behalf of the neighborhood. He clarified that the admission of residents is governed by HRS and an ALF must have requirements. The residents can be 18 or older but, by definition, they cannot be admitted with a medical problem. If they are bedridden for seven days, they will have to move out of the facility. He stated he met a 27-year-old with mild cerebral palsy and this girl, by her own definition, does not feel safe living alone. She is not a candidate for a nursing home nor can she live alone, but she would be able to live in this facility.
Commissioner McLain left the meeting at this time.
Mr. Saunders stated the administrator must pass proper certification in order to run an ALF, but does not need to live on the property. However, Mr. Cruz will be building one building and he will use that as his primary residence. He said Mr. Cruz will accept residents in that facility and when it is running well, he will then build a second facility. A structure is currently on the property and they have come to a verbal agreement with the tenants that when the time comes for them to move, they will find a vacant lot and they will bear the cost of moving that home to the vacant lot. Only six residents are required to live in a primary residence.
Commissioner McLain reentered the meeting at this time.
Mr. Saunders stated the buildings must meet the new code set by the fire department and their safety standards. If medical problems arise, the residents must be taken care of by a medical facility. No government funding is available for ALFs; it is strictly private funding. Most of the nursing home residents are inappropriate because they do not need medical assistance. He said no delivery trucks will be coming to the facility. The traffic of four staff members and Mr. Cruz will be far less than four family residential homes. He said the square footage of the rooms have been changed from 16 sq. ft. to 24 sq. ft. as the neighbors felt that 16 sq. ft. was like a jail cell. He added he is willing to go where the neighborhood wants them to go within reason and they are trying to meet those requirements.
Upon inquiry by Commissioner Van Der Weide, Mr. Saunders advised Mr. Cruz will live in the first building until there are 5 people living there and when the sixth one moves in, he will move out. None of the staff members will be living there. The State will not allow more than 6 people living in the building. Handicap ramps and signs for parking will be available, the pine mulch will be eliminated and the buildings will be connected by sidewalks. The structure of the buildings will be modified so that they do not look like the same buildings. He stated the pervert issue has never been put to rest and the question is how do you screen for them now.
Vice Chairman Adams read comments from Isidro Lagos, George Tomlin, Sheila Brown, Helen Tomlin, and Clayton Hunsinger opposing the special exception.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Commissioner McLain stated the problem he has with this project is the structure looks like a campus-style setting and it does not meet the test of being compatible with the neighborhood. He stated he would not have a problem with this if they were separate, stand alone facilities and similar with the ones in his neighborhood. He said he cannot support this request based on the size and it not fitting with the character of the neighborhood.
Commissioner Van Der Weide stated he cannot support this request as there are a lot of other problems near this neighborhood and he feels it is not compatible with the neighborhood.
Commissioner McLain recommended that Mr. Cruz start with one facility at this time with six residents and if the neighbors are happy with that, then he can come back to the Board at a later date.
Vice Chairman Adams stated he does not believe the campus-style setting blends in with the neighborhood and the size of the buildings are not the same size as the surrounding homes. Therefore, he would recommend denial of the special exception.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to uphold the decision of the Board of Adjustment in denying a Special Exception to permit an ALF (Assisted Living Facility) with up to 30 residents on a 1.4 acre site located on the south side of Ridge Road, ¼ mile west of Highway 17-92 and approximately one mile south of SR 436, as described in the proof of publication, Joseph Pesino Cruz.
Districts 1, 3, 4 and 5 voted AYE.
AMENDMENT TO DEVELOPMENT ORDER/Miller Sellen/Continued
Continuation of a public hearing to consider Amendment to Development Order; property located at Red Bug Lake Road and Dodd Road intersection - applicant desires to increase the operating hours to 24 hours a day; and as a condition, the applicant has agreed to construct a 3-foot high brick screen wall along the west property line of the proposed drug store location, as described in the proof of publication, Miller Sellen rezoning.
Mr. Dwyer advised the subject property was approved by the Board on November 25, 1997. The Final Master Plan, Developer’s Commitment Agreement and Development Order have not been recorded at this time. He stated the applicant desires to resolve the issue of operating hours prior to completion of the Final Master Plan. The applicant wishes to increase the operating hours to 24 hours a day and has agreed to construct a 3-foot high brick screen wall along the west property line of the proposed drug store location. He said the applicant has submitted a revised plan so that the building will be oriented towards Red Bug Road. There is no access to the west side of the building, the buffer has increased from 25 ft. to 50 ft., and the liquor store has been eliminated. He added staff had not previously recommended the request, but based on the considerations the applicant has come forward with, they have no objections provided that in concept with the 50 ft. buffer, they would like to see a wall higher than 3 ft.
Jim Sellen, representing Miller Sellen, addressed the Board to display a site plan (not received and filed) and advised the applicant does not desire a liquor store, and they are asking that the drug store be allowed to operate 24 hours a day. He stated the applicant is proposing to increase the buffer to 50 ft. and inside that buffer they will commit to planting trees at 40 ft. on-center and every 25 ft. have an under story tree, such as crepe myrtle. The height of the masonry wall will be 40" and if the Board would rather have a berm than a masonry wall, he doesn’t have a problem with that. There was a requirement to lower the lighting to 15 ft. with shoebox lighting fixtures. Shurgard keeps their lights on 24 hours and they are confident that the type of lighting and landscaping the Board is requiring will eliminate the issue of them shining into the homes.
Upon inquiry by Commissioner Maloy, Mr. Dwyer advised there are three Walgreen or Eckerd stores located across from residential neighborhoods. One is in Winter Springs and the others are in Sanford and Apopka. Discussion ensued.
Ted Seger, 3852 Biscayne Dr., addressed the Board to state he is the President of the Hollowbrook Homeowners Association. He stated the people who are proposing this do not live in the community. He said a precedent was set by this Board prior to all of the other meetings as Chairman Morris recommended that all the residents be notified if any additional information came up. He added he would like to know how three-story apartment buildings next to single family homes fit in the character of the neighborhood. He said he would like to know how a 24-hour Walgreen next to residential and additional traffic fits into their neighborhood. He stated he would also like to know why the homeowners were not notified. He stated he does not have a problem with ZOM making money, but he has a problem coming back and visiting something that should have already been put to bed.
Upon inquiry by Commissioner Adams, Mr. Dwyer advised this item was legally advertised and the property was posted. He stated mailouts are a courtesy and not a requirement.
Philip Malina, 4065 Belle Meade Ct., addressed the Board to state he never received any notification nor was the property posted. He stated he is curious as to why this is being revisited for a 24-hour operation. The wall on Oak Park is not 6 ft., it is probably barely over 4 ft. He said he is willing to travel to Eckerds on Lee Road to purchase prescriptions. He added he would like to have a definition of a screen brick wall. This is a residential area and he doesn’t want to live in a commercial area.
Upon inquiry by Commissioner Maloy, Mr. Dwyer advised when he thinks of a brick wall, he is thinking of a solid brick wall.
Howard Gvren, 4046 Gallagher Loop, addressed the Board to state he is President of the Oak Park Homeowners Association and at the November 25 hearing he submitted 66 petitions from residents opposing the request. He stated there is a Walgreen store with a liquor store less than a mile down the road. The request is to open the drug store 24 hours and once that is approved, they will come back requesting that a liquor store be approved. The residents would be able to look out their back doors and see a Walgreen store and there are a lot of things they are concerned about.
Donald Meckstroth, 3975 Haynes Circle, addressed the Board to state the residents were disappointed when the Board voted to change the zoning of this property to commercial. He stated when everyone bought their property in Oak Park, it was zoned OP. The residents do not feel that a 24-hour business adjacent to residential is appropriate and their concern is will it cause substantial deterioration of their quality of living and the property values in Fern Park.
Robin Lumpkin, 4097 Gallagher Loop, addressed the Board to state she and her husband are opposed to any type of 24 hour business going in the area. She stated she lives in an upscale neighborhood with homes ranging from $150,000 to $200,000 and she would like to put her house on the market, but who would buy it. She listed the things that could happen if this is allowed. She submitted pictures (received and filed) showing the view of her house from Walgreen’s parking lot.
Vice Chairman Adams read written comments from Ted Seger, Elaine Szostak, Cealene Stone, John Zimmerman, Debra Johnson, Susan Parvin, Ralph Grooten, Mary Grooten, and Dave & Eleanor Lewin.
Mr. Sellen stated he is willing to commit to installing a berm instead of a wall and if the Board does not approve increasing the hours, Walgreen is going to be there regardless of the decision tonight. All businesses that stay open 24 hours do it from a business service standpoint.
Upon inquiry by Commissioner McLain, Mr. Sellen advised he can accept placing a restriction on trucks delivering in the middle of night.
Commissioner McLain reiterated that the applicant indicated that in order to obtain the 24-hour operation, they will commit to restricting any alcoholic sales and deliveries, a 2 or 3 ft. berm with a four foot wall will be installed to deal with car lights, the buffer will go to 50 ft. with vegetation, the lighting will remain at 15 ft., and the liquor store will be eliminated.
Upon inquiry by Commissioner Adams, Mr. Sellen advised he will commit to oaks for the canopy trees and they will work with staff relative to the understory.
Mr. Dwyer stated he doesn’t have a problem with that, but he would like to know the height of the buffer as that commitment will go in the developer’s agreement.
Mr. Sellen advised the height will be 40" or whatever additional height can be provided and still support the vegetation and be able to get back down to the grade at Dodd Road and their parking lot.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner Maloy stated he feels there is a creditability problem coming back to the Board so soon. He stated the store will be pretty close to residential homes and he is concerned about the property values and traffic.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to deny Amendment to Development Order; property located at Red Bug Lake Road and Dodd Road intersection, as described in the proof of publication, Miller Sellen Rezoning.
Under discussion, Commissioner Van Der Weide stated he feels the people are under double jeopardy since this issue is only 4 months old and the Board spent a lot of time on it at that time. Therefore, he cannot support the amendment.
Commissioner Adams stated a 24-hour operation is a light and noise pollution and if they can do something about that so they clear these types of pollutions, then maybe they can have this operation survive in the area.
Commissioner McLain stated the applicant is willing to provide a 50 ft. buffer, they will not have a wall nor a liquor store, and they will do all of the things that the residents had a problem with. He said he feels the development can be improved to enhance the compatibility. He called the question.
Districts 1 and 3 voted AYE.
Commissioners Adams and McLain voted NAY, whereupon the motion failed for lack of a majority vote.
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Motion by Commissioner McLain to continue to May 12, 1998, consideration of a request for an Amendment to Development Order; property located at Red Bug Lake Road and Dodd Road intersection, Miller Sellen.
The Vice Chairman surrendered the gavel to Commissioner McLain for the purpose of seconding the motion.
Districts 4 and 5 voted AYE.
Commissioners Van Der Weide and Maloy voted NAY, whereupon the motion failed for lack of a majority vote.
The gavel was returned to Vice Chairman Adams.
DISTRICT COMMISSIONER’S REPORTS
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to appoint James Michael Bass to the Board of Adjustment as an Alternate/Rotating member for a term ending 1/1/2001; and adopt appropriate Resolution #98-R-78, as shown on page __________, commending Rosalie Cook for her services on said Board.
Districts 1, 3, 4 and 5 voted AYE.
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There being no further business to come before the Board, the Vice Chairman declared the meeting adjourned at 10:17 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
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