BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

APRIL 24, 2001

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, April 24, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Vice Chairman Randy Morris (District 2)

Commissioner Grant Maloy (District 1)

Commissioner Carlton Henley (District 4)

Commissioner Daryl McLain (District 5)

Clerk of Court Maryanne Morse (Late)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Absent: Chairman Dick Van Der Weide (District 3)

Commissioner Maloy stated Vice Chairman Morris will ask for a moment of silence for Kathy Bowlin, his Secretary since being in Office and Secretary for the previous Commissioner Pat Warren, who battled cancer for 20 years and the battle ended this morning. He asked everyone to remember her and her family in their prayers.

Pastor George Sledd, Jordan Baptist Church, gave the Invocation.

Vice Chairman Morris asked for a moment of silence at this time for Kathy Bowlin.

Commissioner McLain led the Pledge of Allegiance.

Awards and Presentations

Motion by Commissioner McLain, seconded by Commissioner Henley, to adopt appropriate Resolution #2001-R-68, as shown on page _______, proclaiming May 1, 2001 as "Law Day" in Seminole County.

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

Commissioner McLain presented the Resolution to Judge Debra Nelson, Gary Siegel, President of the Bar Association, Rachel Gorenflow, Chairman of Law Week, and Nancy Armstrong, Guardian Ad Litem.

County Attorney’s Consent Agenda

Motion by Commissioner Maloy, seconded by Commissioner Henley, to approve and authorize the following:

Property Acquisition

1. Adoption of appropriate Resolution #2001-R-69, as shown on page _______, rescinding previous resolutions relating to County Road 427 Phase V and Phase VI and East Lake Mary Boulevard Phase III road improvement projects for which acquisition is complete. Before acquiring property, authority is obtained from the Board by resolutions. All property needed for the projects listed in this Resolution were acquired through donations, purchase agreements or litigation. Adoption of this Resolution is requested in order to clear title for all property not needed by the County for the respective projects listed in the previously adopted resolutions.

2. Approve settlement and execution of Subordination of Utility Interests Agreement, as shown on page _______, with Florida Power Corporation relating to Parcel 107 of the Tuskawilla Road Phase III road improvement project.

Litigation

3. Authorize payment for owner's appraiser's fees and costs after condemnation settled relating to Parcel 112, Edward W. Griffith Property, located at 190 Tuskawilla Road, Winter Springs of the Tuskawilla Road Phase IV road improvement project in the amount of $19,750.00. Authorize authority to negotiate and settle liability for part or all of the additional expert fees and costs up to $22,200.00.

4. Authorization to agree on behalf of the County to toll the statute of limitation applicable to the Inverse Condemnation Claim for Red Bug Lake Road, Richard and Adel Tennyson Property, set forth below for the period between April 10, 2001 through, including, June 10, 2001. Richard and Adel Tennyson have made a claim that a drainage ditch has expanded over the years and now encroaches upon the Tennysons' property. The Tennysons notified the County of their claim by letter on November 25, 1997. Negotiations since that time have proven unsuccessful in resolving the matter. The Tennysons recently retained a new lawyer (Mark Leavitt of Wilson, Leavitt & Small) to represent them. Mr. Leavitt has requested that the County agree to toll the statute of limitations for the period specified in order to avoid the need to immediately file suit to preserve the Tennysons' claim. Such an agreement will not prejudice the County's position in any way or strengthen the Tennysons', and will allow additional time to negotiate and possibly settle the claim.

County Attorney’s Briefing

DCM Frances Chandler and Deputy County Attorney Stephen Lee addressed the Board to present the Legislative Update. Mr. Lee reported on the progress of the Payday Loan Bill; efforts to have the billboard situation included in the Transportation Bill; and the proposal in the Growth Management area to allow municipalities to impose a local option sales tax up to one-half cent.

County Manager’s Consent Agenda

County Manager, Kevin Grace, addressed the Board to state Item #39, Mass Transit and Ride Share Agreement with RTC Development Corporation, has been pulled from the Agenda and staff will bring back the request at the first meeting in May, 2001. He advised there are still some details to be worked out. He also advised of the Add-on Item #37A, Access Easement over the Seminole Wekiva Trail Crossings for the Buckingham Estates Subdivision. He corrected that Item #9 is not for an assignment, but approval of an agreement between the Hunting and Fishing Club and the Partins.

Upon request by Commissioner Maloy, Vice Chairman Morris pulled Item #9 from the Consent Agenda for a separate vote.

Commissioner Maloy said he made a complaint at the last meeting about some of the add-ons that the public did not know what the Board was talking about.

Don Fisher, Planning & Development Manager, addressed the Board to explain the purpose behind the request for the easement over the Seminole Wekiva Trail Crossings, Add-on Item #37A.

Motion by Commissioner Maloy, seconded by Commissioner McLain, 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 for Kids House of Seminole County.

8. Approve and authorize Chairman to execute the Third Amendment, as shown on page _______, to Lease Agreement between Seminole County and Reflections at Hidden Lake, Inc.

10. Approve and authorize Chairman to execute (1) Access Easement, as shown on page _______, for William and Janice T. Franz; (2) Lease Agreement, as shown on page _______, for William K. and Janice T. Franz; and (3) Amendment to the Hunting and Fishing Club lease, as shown on page _______, for County-owned property in Geneva.

Environmental Services

Planning/Engineering/Inspection

11. Approve and authorize Chairman to execute the Pipeline Crossing Agreement, as shown on page _______, between CSX Transportation, Inc. and Seminole County.

Solid Waste Management

12. Approve and authorize Chairman to execute Recycling and Education Grant, as shown on page _______, for 2nd quarter FY 00/01 reimbursement in the amount of $87,813; Litter Marine Debris Grant, as shown on page _______, for 2nd quarter FY 00/01 reimbursement in the amount of $16,924; and Waste Tire Grant, as shown on page _______, for 2nd quarter FY 00/01 reimbursement in the amount of $185,612.

Water/Wastewater

13. Authorize staff to schedule and advertise a public hearing on May 8, 2001 to consider changes to the Industrial Pretreatment Program Ordinance.

Fiscal Services

Administration

14. Approve and authorize Chairman to execute Resolution #2001-R-70, as shown on page _______, to ratify issuance by the Orange County Housing Finance Authority Multi-Family Mortgage Revenue Bonds for Howell Branch Station Apartments, on behalf of Seminole County.

15. Adoption of revised Fee Resolution #2001-R-71, as shown on page _______, for Animal Services Adoption/Sterilization Program.

16. Approve and authorize Chairman to execute the Federal Emergency Management Agency Firefighters Grant Program Application, as shown on page _______, and all related documents, for Firefighting Equipment Proposal and Wellness/Fitness Program, which will allow Seminole County’s Fire Rescue Unit to compete for $109,690 in grant funds.

Budget

17. BCR #01-76 - Capital Redesignation – Public Safety – EMS/Hazmat/Special Operations – Fund: 00100 – General Fund. Staff is requesting capital substitution to purchase (4) dry suits for approximately $1,400 each in place of the (1) encapsulating suit ($5,600) which was approved in the FY 2000/2001 budget. This request is necessary in order to comply with the Federal Personnel Protective Requirements addressed in 29CFR 1910, Subparts H and T, which addresses "dry suits" for the Special Hazards and Operations Team.

18. BCR #01-77 – Capital Redesignation – Public Safety – EMS/Fire/Rescue – Fund: 12801 – Fire Impact Fee Fund. Staff requests the designation of $77,050 of funds approved in the 2000/2001 budget for miscellaneous equipment, to purchase three (3) monitor defibrillator units at $24,950 each and two (2) traffic signal preemption emitters at $1,100 each, which are needed to equip three advanced Life Support Engines and two transport units.

19. BCR #01-78 – $1,010 – Library & Leisure Services – Library Services – Fund: 00100 – General Fund. Additional funds needed for library security system due to RFP bid responses.

20. BCR #01-81 – $2,093 – Public Works – Traffic Engineering – Fund: 10101 – Transportation Trust Fund. An emergency response trailer requires an electric start generator to provide power needed for cooling to protect wiring equipment and personnel who work inside the trailer. Request the use of $2,093 from capital equipment savings for the purchase of this generator.

21. Adoption of Budget Amendment Resolution #2001-R-72, as shown on page _______, $45,433 – Environmental Services: Fund 40205 – Playground Resurfacing Grant Fund. Playground Resurfacing Grant received in the amount of $45,433. BAR requested to realize revenue and establish budget line.

MSBU

22. Approve and authorize Chairman to execute a Street Lighting Contract, as shown on page _______, between Seminole County and Florida Power & Light to become effective immediately.

Purchasing

23. Award FC-1149-01/BJC, as shown on page _______, Osceola Road Landfill Leachate Underdrain Modifications, to ERC General Contracting Services, Inc., Ocoee ($57,530.00).

24. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1116-00/BJC, Amherst Subdivision Wall, with Sunshine Painting, Apopka.

25. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1121-00/BJC, Lockhart Sidewalk Construction Project, with Technical Specialty Constructors, Inc., Ocala.

26. Approve ranking list for PS-586-00/BJC, Solid Waste Management Engineering Services, authorize negotiations and award Master Agreements, as shown on page _______, to Brown and Caldwell, Maitland; SCS Engineers, Tampa; and S2Li, Inc., Maitland (Not-to-Exceed $500,000.00/per year).

27. Approve increase in the not-to-exceed limit for PS-537-99/BJC, Preliminary Engineering and Final Design Services for C-15 (SR 46 to SR 600/US 17/92), with Bowyer-Singleton & Associates, Inc., Orlando ($180,000.00).

28. Award RFP-4110-01/BJC, as shown on page _______, Removal, Installation and Service of Anti-Theft System for the Public Libraries, to Checkpoint Systems, Inc., Thorofare, New Jersey ($97,539.00).

29. Approve Proprietary Source procurement for the Assistance with Innovative Recycling Grant Project and authorize the Chairman to execute the Agreement, as shown on page _______, with Kessler Consulting, Inc., Tampa ($219,500.00).

Planning & Development

Administration

30. Terminate a SHIP Program funding Agreement with the Wyman Fields Foundation for the development of 23 owner units for disabled households at the Hamlet PUD; and designate staff to transmit formal notice of termination to Wyman Fields Foundation as required by the Agreement.

31. Approve and authorize Chairman to execute a Satisfaction of Mortgage, as shown on page _______, for Maria T. Rivera in the amount of $3,000 for down payment assistance under the SHIP Program’s Home Ownership Assistance Program.

32. Approve and authorize Chairman to execute a Satisfaction of Mortgage, as shown on page _______, for Jodi J. Kangas in the amount of $3,500 for down payment assistance under the SHIP Program’s Home Ownership Assistance Program.

33. Approve and authorize Chairman to execute a Satisfaction of Mortgage, as shown on page _______, for Pedro and Debra Pratt in the amount of $3,500 for down payment assistance under the SHIP Program’s Home Ownership Assistance Program.

34. Approve and authorize Chairman to execute a Satisfaction of Mortgage, as shown on page _______, for Vicki J. Simmons in the amount of $3,000 for down payment assistance under the SHIP Program’s Home Ownership Assistance Program.

35. Adoption of appropriate Resolution #2001-R-73, as shown on page _______, adopting the three-year Local Housing Assistance Plan (LHAP) to govern the SHIP Program for FY 2001-2003.

Development Review

36. Adoption of appropriate Resolution #2001-R-74, as shown on page _______, accepting Warranty Deed, as shown on page _______, and cancellation of property taxes for land donated by Shoemaker Construction Company as right-of-way on Upsala Road, south of Central Park Drive.

37. Approve Final Plat of the Loma Vista Subdivision; property located on the west side of Aloma Avenue (SR 426) and approximately 1500 feet north of Dean Road (Harling Locklin and Associates, Inc. on behalf of Malcolm and Charles Clayton).

37A. Authorize Chairman to execute the Declaration of Easement Agreement, as shown on page _______, with CFG at Chapman, Inc. for two crossings over the Seminole Wekiva Trail, which allow access for the Buckingham Estates Subdivision located north of Markham Road and east of the Markham Road and Markham Woods Road intersection as shown on Exhibit B.

Planning

38. Approve request from Mike Frost for a Special Event Permit for Cinco de Mayo party to be held at Gator’s Dockside on Saturday, May 5, 2001; property described as located within the Etor Planned Unit Development, south of Lake Mary Boulevard and east of Sun Drive.

39. Pulled from the Agenda request to approve and authorize Chairman to execute Mass Transit and Ride Share Agreement with RTC Development Corp.

40. Adoption of appropriate Resolution #2001-R-75, as shown on page_______, addressing rotating appointments to the Code Enforcement Board and adopting the proposed rotation schedule.

Public Safety

Animal Services

41. Approve the dedication of the Adoption Wing at Animal Services to the memory of Nancy Engebretsen.

Emergency

42. Approve and authorize Chairman to execute the School Window Protection Agreement, as shown on page _______, between the State Department of Community Affairs and Seminole County.

Public Works

Engineering

43. Approve and authorize Chairman to execute Amendment No. 1, as shown on page _______, to Sublease Number 4147-01, The Cross Seminole Trail, between the Florida Department of Environmental Protection, Office of Greenways and Trails, as Sublessor, and Seminole County, Florida, as Sublessee.

44. Approve and authorize Chairman to execute Project Grant Agreement, as shown on page _______, with the Florida Department of Environmental Protection in the amount of $50,000 of grant funds for multi-use trail improvements within the Cross Seminole Trail Corridor.

45. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, to define maintenance jurisdiction with the City of Oviedo over Old Lockwood Road and Lockwood Boulevard.

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

Commissioner Maloy stated he has some concerns regarding the request to Approve agreement by the Hunting and Fishing Club lease for cattle grazing purposes with James C. and Sherry T. Partin and Bradley W. and Suzanne T. Bell. He related the discussion at a Friends of Lake Jesup meeting regarding pollution entering Lake Jesup, and said one of the things mentioned was cattle grazing near the lake. They were going to recommend that the City of Sanford stop leasing property where the affluent discharge field is and convert that to hay raising with the idea that nitrogen is being removed off the site and that runoff does not go into the lake. Commissioner Maloy said he has a similar concern and he asked for more input from the environmental groups about nitrogen and the potential pollution from cattle. He advised at an Arbor meeting, there was discussion from some cattlemen about the potential foot and mouth scare. Their concern was for landfills as a potential for this disease with wild pigs running from the landfill. He said he has some concerns with putting cattle next to the landfill. He would like to get input from the industry on that. Commissioner Maloy also asked about the timing of the lease that is for five years. He said he did not see an opt-out clause in the lease. He said if this request is approved, he would like to see the timing of the lease altered and an opt-out clause included.

Mr. Grace stated staff did not do a detailed, environmental impact assessment but looked at the request and did not see enough reasons to strongly oppose it. He said the agreement with the Partins is with the Hunt Club, and he doesn’t know whether this agreement would go away or continue to exist if the Hunt Club no longer had the lease.

Commissioner Henley asked if the agreement restricts the number of cattle on the property for grazing or is it totally unlimited.

Meloney Lung, Administrative Services Manager, addressed the Board to advise the agreement with the Hunt Club does not specify the number of cattle that can graze on the property.

Commissioner McLain said he did not think there would be a problem with tailoring the agreement to the date of the first 10 years of the lease. He said he understood there were 200 head of cattle.

Larry Dale, 3400 Celery Avenue, leaseholder, addressed the Board to state the agreement is exclusive and says they can do anything that is legal and running cows is legal. He said he notified the Commission through the staff that this is what they were doing. He said they have limited it to 200 cows, but that may not be in the agreement. He said the State has learned that running cows is one of the best management practices they can do for natural lands. He said foot and mouth disease is not a problem. There are cattle already running on property adjacent to the landfill. He stated the provision in the agreement says there shall be an immediate and pressing, demonstrable public need in order for the County to buy back the agreement. However, it is cancelable by him for any reason. Regarding the potential of the river, Mr. Dale said they do not fertilize, but it’s all natural.

Commissioner Maloy said he would feel more comfortable getting some opinions from the St. Johns River Water Management District. He said he would like to get some input from the environmental groups and the Water Management District regarding pollution, as this is so close to the river that tends to flood.

Mr. Dale said he would be willing to contact the District on his behalf and on behalf of the Board.

County Attorney Robert McMillan stated Mr. Dale has a hunting and fishing lease and he is allowed to do anything legal that is incidental to the operation of the hunting and fishing lease. He said the decision was made that cattle grazing did fall outside of the operation of the hunting and fishing lease.

Commissioner McLain said he thinks 200 cattle on 3500 or 2500 acres is a small number, and he thinks the cattle do enhance the property because they keep a lot of the undergrowth down. He said he did not have a problem with the request.

Commissioner Henley stated as long as he can get assurance from Mr. Dale that if it becomes evident that the cattle grazing is detrimental to the land and the river, he would take steps to remove that activity, then he feels comfortable approving the request.

Upon inquiry by Commissioner McLain, Mr. Dale stipulated for the Record that the number of cattle is 200.

Motion by Commissioner McLain, seconded by Commissioner Henley, to approve the agreement between the Hunting and Fishing Club and James C. and Sherry T. Partin and Bradley W. and Suzanne T. Bell for cattle grazing purposes.

Under discussion, Commissioner Maloy said he didn’t see any problem waiting a couple of weeks to get more information and if there were problems on the property, he would hope, if the County is responsible for the property because the County owns it, the Board would have the authority to terminate the agreement and not depend on a third party. He thinks it makes common sense to evaluate the environmental and disease issues before this agreement is approved.

Upon inquiry by Vice Chairman Morris, Mr. Grace said he is recommending approval of the agreement.

Districts 2, 4, and 5 voted AYE.

Commissioner Maloy voted NAY.

Clerk’s Consent Agenda

Motion by Commissioner McLain, seconded by Commissioner Henley, to approve and authorize the following:

1. Expenditure Approval Lists, as shown on page _______, dated April 3 and 10, 2001; and Payroll Approval List, as shown on page _______, dated March 29, 2001.

2. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:

Maurice J. Bailey, #99013771MM - $50

Tara A. Bander, #99012726MM - $200

Malcolm T. Barnett, #00005448MM - $200

Wayne L. Bradford, #00014277MM - $50

Rachel Caprio, #00008482MM - $200

Geoffery S. Crawford, #00009040MM - $500

Michael A. Davis, #00014554MM - $200

Vincent R. Dobbins, #00002726MM - $200

Francisco Escobar, #99002563CFA - $200

Mark W. Fitzgerald, #98006149MM - $200

Corey L. Flemin, #97002625CFA - $200

James C. Frye, #00011432MM - $50

Jessica R. Gray, #00014218MM - $50

Albert Howard Harris, #92000829CFA - $200

Timothy James Heffernan, #93004938MM - $100

Carol Conant Henderson, #97000215MM - $200

Chad W. Hoenstine, #00000921CFA - $200

Gabriel Thomas LaCrosse, #98000964CFA - $750

Malcolm McClarnon, #99002003CFA - $200

Vanessa B. Merriman, #01000965MM - $50

Regina Marie Pardue, #96011933MM - $200

Regina Marie Pardue, #96003562CFA - $200

Nicole D. Rego, #00002146MM - $50

Leilani D. Ridens, #01000455MM - $50

Luis R. Roman, #95002784CFA - $350

Juan C. Salas, #01000663MM - $50

David L. Sharp, #01000833MM - $50

Christopher Stamm, #00010790MM - $200

Shirley Strader, #98001527CFA - $200

Sara M. Winston, #00000764CFA - $200

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

Donald Lee Chamblee & Americans Bankers Ins. Co. - $538

Trinity M. Benoit & Lexington National Ins. Co. - $788

4. Approval of BCC Official Minutes dated March 27, 2001.

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

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

1. Letter from Lonnie Groot, Shutts & Bowen, requesting a continuance for the appeal by Nobel Learning Communities.

2. Work Order #1, as shown on page _______, to FC-1139-00, C. A. Meyer Paving & Construction Co.

3. Drainage and Conservation Easement, as shown on page _______, from Gerald W. and Sherra W. Jones.

4. Second Amendment, as shown on page _______, to Medical Director Agreement, RFP-432-98.

5. Request for Bids for the sale of surplus property from the St. Johns River Water Management District.

6. Consultant Agreement, M-222-01, as shown on page _______.

7. Work Order #20, as shown on page _______, to PS-543-99, Engineering Services Agreement.

8. Work Order #3, as shown on page _______, to PS-574-00, Hydrogeological Services Agreement.

9. Work Order #3, as shown on page _______, to PS-530-98, Comprehensive Planning Consultant Agreement.

10. Work Orders #25, #27, and #28, as shown on page _______, to PS-522-98, Comprehensive Planning Consulting Services Agreements.

11. Order Approving Tariff Revisions from the Florida Public Service Commission regarding Petition for approval of Demand-Side Management Adjustment Rider by Florida Power & Light Company.

12. Warranty Deed, as shown on page _______, from Remark Development, Inc. regarding Tract E of the Plat of The Cove.

13. Work Order #2, as shown on page _______, to PS-570-00, Engineering Services Agreement.

14. Work Order #2, as shown on page _______, to PS-551-00, Consultant Services Agreement.

15. Work Order #2, as shown on page _______, to PS-572-00, Engineering Services Agreement.

16. Request before the BCC from Lonnie Groot, Shutts & Bowen, for submission of the records, papers, matters and documents entered into evidence at the proceeding of Dec. 18, 2000 before the BOA to the BCC.

17. Letter from Lonnie N. Groot, Shutts & Bowen, regarding Appeal to the BCC by Meechal and Ashok Patel of the BOA decision made on March 26, 2001.

18. Road Maintenance Bond, as shown on page _______, for Westlake Colony.

19. Engineering Services Agreement, M-227-01, as shown on page _______.

20. Work Orders #2, #3 and #4, as shown on page _______, to PS-557-00, Construction Engineering and Inspection Services Agreements.

21. Appraisal Services Agreement, M-220-01, as shown on page _______.

22. Consultant Services Agreement, M-221-01, as shown on page _______.

23. Real Estate Coordination Services Agreement, M-226-01, as shown on page _______.

24. Change Order #1, as shown on page _______, to FC-1129-00, Construction of Seminole County Consumers Extension Building.

25. Letter to Clerk of Court from Joanne Turner, Dovera Community Development District, enclosing the Annual Financial Report for year ended Sept. 30, 2000.

26. Conditional Utility Agreements, as shown on page _______, for water and sewer services with CFG at Chapman, Inc.

27. Conditional Utility Agreement, as shown on page _______, for water service with St. Andrews Presbyterian Church, Inc.

28. Letter and Bill of Sale, as shown on page _______, accepting water and sewer systems within the project known as Magnolia Plantation Phase 6.

29. Letter and Bill of Sale, as shown on page _______, accepting water and sewer systems within the project known as Magnolia Plantation Phase 2.

30. Consultant Services Agreement, M-219-01, as shown on page _______.

31. Work Order #1, as shown on page _______, to PS-528-98, Construction Engineering and Inspection Services Agreement.

32. Engineering Services Agreement, M-216-01, as shown on page _______.

33. Change Order #1, as shown on page _______, to FC-1131-00, Kewannee Park Facility.

34. Work Order #1, as shown on page _______, to PS-560-00, Engineering and Professional Services Agreement.

35. Draft Environmental Impact Statement for the Florida Gas Transmission Company Phase V Expansion Project.

36. Medical Director Agreement, RFP-4112-01, as shown on page _______.

37. Bids as follows: PS-585-01; RFP-4112-01; RFP-4110-01; FC-1148-01; RFQ-4108-01; and BD-260-01.

PUBLIC HEARING

Commissioner Henley stated he received a call this morning from Mr. Lee who asked that Item #61, Appeal of the Board of Adjustment decision in approving a sign height variance, be continued to May 8, 2001. He checked with the staff and County Manager and they have no problem with that. He noted that there are seven other public hearing items on that date. He said if the Board is in agreement, staff needs to notify the persons involved of the change.

Vice Chairman Morris said this public hearing is moved to the afternoon session of May 8, 2001. He discussed with the Board moving the Chairman’s Report, District Commissioners’ Reports, Committee Reports and County Manager’s Reports up to the end of the morning session.

Mr. McMillan reminded the Board that the afternoon session must still be convened to announce the continuance. Whereupon, Vice Chairman Morris said they will see how the meeting goes this morning.

None of the Board opposed the continuance.

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Vice Chairman Morris recessed the meeting at 10:05 a.m. and reconvened at 10:15 a.m.

Clerk of Court Maryanne Morse entered the meeting at this time.

Regular Agenda

Mr. Grace stated the Board last talked about the Courthouse Expansion Program several weeks ago and they were looking at a $60 million project. Since that time, staff and the Consultants have been able to get the figure down to the original estimates. He said they are not asking today for the Board to decide on how big a courthouse they are going to build or how much money they will spend on it. Those decisions will be postponed until another discussion. He will discuss what was done to get the figure back to the low $40 million figure and discuss the financial issues surrounding the Courthouse project. He said it recently came to his attention that some of the revenues were coming in substantially lower than projected; and that combined with some higher expenditures than projected raises the question if the assumption is still valid that they can fund the debt service for the project out of the current revenue stream under the existing tax rates. He stated if they proceed with the Courthouse, the Board has the following options to consider: (1) raise additional revenues which may include raising taxes in some fashion; (2) place the Courthouse in the proposed one-cent sales tax (which the Board decided not to do some weeks ago); or (3) postpone, delay, or terminate the Courthouse project. Mr. Grace said the key issue today for timing is placing the project in the one-cent sales tax. He said if the Board wants to reconsider its position, that decision needs to be made today as time is running out to finalize the program in order to stay on the time schedule. He said a fourth option has now been developed (copy received and filed) to fund the Juvenile Justice Center project from the Courthouse bond issue. He explained the Steps A through G of this proposed Option 4. He said Option 4 is the staff recommendation to the Board.

Upon inquiry by Vice Chairman Morris, Mr. Grace said he knows that Chairman Van Der Weide is still not in favor of funding the Courthouse project out of the one-cent sales tax.

Commissioner McLain stated he has not changed his position. He said they have worked with the seven Cities and School Board and are all in agreement with the uses for the sales tax to focus on schools and transportation only. He said he thinks it would be inappropriate at this time to put in a $40 million to $50 million project in the sales tax referendum. He said when staff brings forward the financial plan, he wants it to be beyond two years. He would like to see a longer window than that where they have the financial capability of dealing with any bond issue for any facility they might build. He said he would go along with Option 4 and hold the debate on the size of the facility until later this summer.

Commissioner Henley stated after a considerable amount of discussion by the Cities and School Board, they restricted the one-cent sales tax solely to transportation and the School system. He said he agreed and he would be unwilling to change his position now without going back to the partners and getting concurrence from them. He said what bothers him with Option 4 is that they would be doubling the cost by rolling the Juvenile Justice Center into the bond issue. He said the money they are talking about using to balance the budget is a one-time expenditure, so they are not really solving the problem. He said he has difficulty going with Option 4 today.

Commissioner Maloy stated that financially his position has not changed. He thinks it makes the most sense to fund the project with cash and include it in the tax issue. He agreed with Commissioner Henley that Option 4 increases the debt load and increases the interest cost. He said he has some problems with how they got to the tax issue and thinks they should have had more discussion on what their priorities were as a Board.

Vice Chairman Morris stated his previous position has not changed either. He said Option 4 looks like the direction to pursue at this point in time. He said they do need to look at the numbers and not get too far ahead of themselves.

During discussion by Mr. Grace on the options, Commissioner McLain stated there is another option and that is to reduce the size of the Courthouse to one they can afford to build, without raising taxes. He said they have not even discussed that. He explained that there are benefits to financing rather than paying cash for everything. He said the key is to make sure the amount they finance is one they can sustain with cash flow throughout future budget years without being put in the position of saying they are going to have to raise taxes and knowing that when they make the decision. He said he supports financing the Courthouse and coming up with a reasonable bond issue that can be presented to the Board to show they can afford to pay for.

Vice Chairman Morris stated the issue of raising taxes keeps coming up and he doesn’t think any member of the Board is ready for a tax increase. Discussion ensued with Commissioner Henley.

Commissioner McLain said he thinks the key is that Mr. Grace should get direction from the Board that they continue to support not having the Courthouse in the one-cent sales tax. He said they are expecting Mr. Grace to come back in 60 days with a financial plan so they can make some decision. Whereupon, Mr. Grace said staff will work on that and bring that back to the Board. Commissioner McLain said he thinks it might also be appropriate to show what can be built within the revenue stream and still be able to move forward without financing the full amount of the Juvenile Justice Center and the soft costs.

Upon inquiry by Vice Chairman Morris, the consensus of the Board was to direct Mr. Grace that there would not be a tax increase and he is not to consider that concept. Discussion continued among the Board. Commissioner McLain summarized that the tools Mr. Grace have to deal with financing and building the Courthouse and Juvenile Justice Center are a combination of some cash and financing and they need the scope. He said this is what he is looking to see when Mr. Grace brings this back to the Board.

Vice Chairman Morris asked Mr. Grace to inform the School Board and the Cities today that the Board would not be putting the Courthouse in the one-cent sales tax for the ballot.

Commissioner Maloy asked Mr. Grace to see if there is anything that can be done to more accurately reflect the cost.

Vice Chairman Morris said it would also be interesting to see a lease position.

Upon inquiry by Vice Chairman Morris, Mr. Grace suggested holding off on selecting the owner’s representative because that process is based on fees and costs that are based on the size of the project, etc. Staff thinks it is best they wait until they have clarified that issue. Once that happens, they can put out a modification to the RFP and take care of it that way. He will bring the financial plan to the Board in June and once that’s approved, the other things would go into motion. Whereupon, Vice Chairman Morris asked Mr. Grace to set a new time line for the Board.

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Fiscal Services Director, Cindy Hall, and Ray Hooper, Purchasing Manager, addressed the Board to present for approval the negotiated fee schedule for auditing services for Seminole County Government and the Constitutional Offices and authorize the Chairman to execute the Agreement with KPMG LLP, Orlando and Harris, Cotherman, O'Keefe & Associates, Winter Park.

Ms. Hall stated staff did achieve significant savings in the rates negotiated and she is asking for the Board’s approval. They intend to have negotiations with the contract and will meet with the Clerk’s Office and the auditors to fine-tune the language of the contract. She asked for Board approval of the rate schedule and for authorization to finalize the negotiations of the contract with the auditors and the Clerk’s Office.

Clerk, Maryanne Morse, addressed the Board to state there are significant typographical errors in the agreement that she believes should be corrected on the Record. Upon inquiry by Vice Chairman Morris, she identified some of the editorial type errors. She noted that this is a five-year contract and in the past, they have done three-year contracts with a renewal option of two years. She said since they are going with a two-year budget, a five-year contract does not coincide with that. She asked for clarification on that.

Ms. Hall advised one of their considerations was that sometimes they get better rates for five years, and there is a termination clause if they are not satisfied with the performance.

Mr. McMillan said he did not agree with the Clerk’s comment regarding to references to work orders. He said they are work orders and not change orders. Ms. Morse explained that under the scope of the contract and provisos of auditing provisions, it’s referred to as a change order.

Vice Chairman Morris said it appears that the Clerk and staff might have had a greater discussion prior to this item coming before the Board.

Ms. Hall suggested the Board go ahead and approve the rate schedule as presented and allow staff to meet with the Clerk and County Attorney’s Office and finalize what the language will be.

Vice Chairman Morris reviewed what the motion would be.

Commissioner McLain discussed with Ms. Hall why not have a six-year contract with four years and an option for two years. Ms. Hall said she doesn’t think it matters because each year, the approval process at the public hearing is for one budget year and auditing services are done one year at a time.

Mr. Grace suggested that if there are any substantive changes, staff will bring those back to the Board; otherwise, they will go ahead and implement the changes that are only editorial and typographical in nature.

Motion by Commissioner Maloy, seconded by Commissioner Henley, to approve the negotiated fee schedule and authorize the staffs of the County Attorney’s Office and the County Manager’s Office to clarify editorial language with the Clerk; and authorize the Chairman to execute the Agreement, as shown on page _______; and if negotiations are not successful, this should come back to the Board.

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

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Deputy Clerk Carylon Cohen left the meeting at this time and was replaced by Deputy Clerk Eva Roach.

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Robert Nixon, Economic Development Manager, addressed the Board to request renewal of the Seminole County and Seminole Community College (SCC) Agreement regarding the operation of the Central Florida Business Incubator facilities (FBIC) for FY 00/01.

Commissioner Henley stated monies will be used for an entrepreneurial training program for Sanford residents. Therefore, he feels that a partnership between the City of Sanford and the Board should be considered.

John Jones addressed the Board to answer questions for Commissioner Maloy relative to when and how often the funds will be utilized.

Wayne Hardy, Seminole Community College Administrator for the Small Business Program, addressed the Board to review the different lease rates and how much lease space is available.

Mr. Nixon stated the Board needs to understand that this program is not focused only on the incubator business. This program has been opened and made available to all entrepreneurs with less than 100 employees.

Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize renewal of the Agreement, as shown on page _________, between Seminole County and Seminole Community College regarding the operation of the Central Florida Business Incubator facilities for FY 00/01.

Districts 1, 2, 4 and 5 voted AYE.

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Frances Chandler presented request to waive or reduce Code Enforcement Board lien in the amount of $16,275 on property located at 4372 Radio Avenue, Sanford, Scott A. Wagner, owner.

Maryanne Morse, Clerk of Circuit Court, left the meeting at 11:10 a.m.

Ms. Chandler stated staff recommends reducing the amount of the lien to $1,600. She stated the code enforcement inspector found the site to be in compliance on January 4, 2001 and at that time the fine accumulated to $16,275. Marilyn Walton and Dr. Charles Church foreclosed on the property on July 6, 2000 and the County entered a Final Judgment on that same day. Ms. Walton and Dr. Church took possession of the property through the foreclosure action. The property owners were never notified of the lien until a recent title search was done. The title company issued a check in the amount of $16,275. Discussion ensued between the Board and staff relative to the time of filing of the final judgment and the foreclosure process.

Motion by Commissioner McLain, seconded by Commissioner Henley to approve a reduction to the Code Enforcement Board lien from $16,275 to $1,600 on property located at 4372 Radio Avenue, Sanford (Case #00-46-CEB, Scott Wagner).

Districts 1, 2, 4 and 5 voted AYE.

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Cindy Matheny, Senior Planner, addressed the Board to present request for approval of the Final PUD Master Plan and Developer’s Commitment Agreement; property located north of SR 46 and east of CR 415, River Run, Inc. She stated the project consists of a 339-site RV park, 60 residential units, and a hotel and commercial use. The PUD received preliminary master plan approval in December 1997. The proposed plan is consistent with the Seminole County Land Development Code and staff is recommending approval.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page __________; property located north of SR 46 and east of CR 415, River Run, Inc., with staff recommendations

Districts 1, 2, 4 and 5 voted AYE.

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Tony Matthews, Principal Planner, addressed the Board to present request for approval of the PCD Final Site plan and Developer’s Commitment Agreement for a Comfort Inn Suites Hotel; property located on approximately 2.38 acres more or less in the I-4 Industrial Park North, Comfort Properties, Inc.

Sid Vihlen, representing the applicant, addressed the Board to state this is a zoning that the Board heard last year and he was delayed in coming back with his final plan and engineering design. He stated the reason there has been a delay on this project is that the St. Johns River Water Management District had indicated that the grass field next to Cracker Barrel, which has been maintained for 20 years as a mowed field, was wetlands. It has taken several months, but the St. Johns permit has been issued. He stated nothing has been eliminated or changed in the plan that was approved for zoning by the Board, with the exception of a mistake in the legal description made by the surveyor. The error reflects less than 1/10 of an acre and in that legal description that portion that lies outside the zoning is only in future right-of-way. It does not affect the site plan or anything else. He referred to a correction in the final plan in which staff added the word "parcel" just for clarification.

Motion by Commissioner McLain, seconded by Commissioner Henley to approve the Final Site Plan and Developer’s Commitment Agreement, as shown on page ________, property located on approximately 2.38 acres more or less in the I-4 Industrial Park North, Comfort Properties, Inc., with staff findings and including the two corrections identified.

Under discussion, Mr. Vihlen stated a sidewalk will be provided between the development and Cracker Barrel.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Maloy left the meeting at this time.

COUNTY MANAGER’S BRIEFING

Jack Wert, Tourism Development Director, addressed the Board to review the highlights of the Tourism Development Marketing Plan. He stated Seminole County has changed over the years and they have made some changes in their marketing plan. Tourism Development’s primary goal is to drive more people to their web site and/or require the people to use their 800 number. The last objective is to increase occupancy rate in hotels and to bring more journalists to visit this area.

Commissioner Maloy reentered the meeting at this time.

Commissioner McLain left the meeting at this time.

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Mark Flomerfelt, Stormwater Manager, addressed the Board to review the Capital Improvements Projects as outlined in the PowerPoint Presentation. He reviewed the concepts of the Capital Improvement Program as well as what the program does. He continued by reviewing the CIP Progress, Other Completed Projects, and Projects Under Construction.

Commissioner McLain reentered the meeting at this time.

Mr. Flomerfelt concluded by reviewing the Status of Basin Evaluations, Deficiencies Identified to Date, Regional Treatment Facilities, and potential joint State and County funding.

Mr. Grace stated stormwater is an issue that will be discussed during the budget work sessions.

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Don Fisher, Planning & Development Director, addressed the Board to discuss various Proposed Amendments to the Outdoor Advertising Sign Ordinance. He submitted and reviewed a handout consisting of issues relating to the proposed cap, sign faces and removal of vegetation. He stated staff is requesting authorization to advertise public hearings to consider amendments to the Outdoor Advertising Sign Ordinance.

Commissioner Henley stated Section 4 of the ordinance refers to reconstruction of damaged or destroyed existing structures and he feels it should be clarified reconstruction according to the current code.

Motion by Commissioner McLain, seconded by Commissioner Henley to authorize scheduling and advertising public hearings on May 8, 2001 and May 22, 2001 to consider the amendments to the Outdoor Advertising Sign Ordinance.

Districts 1, 2, 4 and 5 voted AYE.

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Request direction to the Special Area Study – Celery Avenue/SR 415 was presented.

Commissioner McLain stated staff is recommending changing the Joint Planning Agreement with the City of Sanford and allow them to deal with the land use items as they come forward. He stated he is in agreement with the philosophy of maintaining a residential character to that corridor. The City does have water and sewer rights to that area, therefore, it makes sense for the County to modify their agreement in allowing the City to deal with the land use changes.

Matt West, Planning Manager, addressed the Board to state staff’s main concern is the infrastructure. The issues of water and sewer installations and road improvements will have to coincide with development.

Jay Marder, City of Sanford Planner, addressed the Board to state the City is in favor of the County’s proactive stance on this area. He indicated on the map where the City has just annexed 125 acres and stated the sewage plant will be coming on-line in about a year and a half. Everything is funded and the only thing they are waiting on is the treatment plant is going through a transition.

Commissioner McLain stated the map does not go all the way to SR 415 and he would think the last two parcels should be included in the joint planning agreement with the City of Sanford.

Upon inquiry by Commissioner Henley, Mr. West advised the original concept plan included this entire area to some type of mixed use as well as mixed use or commercial along the 415 frontage.

Commissioner McLain stated his thoughts on the realignment are to bring Celery Avenue in and open up the industrial to keep it off 46 and Celery.

Motion by Commissioner McLain to enter into a joint planning agreement with the City of Sanford as far as renegotiating the land use including the two parcels mentioned.

Upon inquiry by Mr. Marder, Commissioner McLain advised the joint planning agreement will be modified with the City of Sanford with the understanding that both entities agree that low density residential is the best use for that property. When the City starts providing service out there, the County will anticipate that the City will require annexation for development of those sites.

Mr. Marder advised the City agrees with modifying the agreement to do those things. The City was looking at Option #2 as well with the caveats being in that joint agreement. This way, there would be a much smoother development process.

Upon inquiry by Commissioner McLain, Mr. West advised staff just discussed that issue with Mr. Marder prior to the meeting. Staff is concerned with the infrastructure issues being incorporated into an administrative amendment that none of these properties could rezone to something more than one unit per acre unless water and sewer is provided and infrastructure issues were addressed. The simplest thing to do is update the joint planning agreement and allow parcels to annex into Sanford and let the City of Sanford handle all the development issues.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve Option #1 in allowing staff and the City of Sanford to work together on a binding Joint Planning Agreement regarding changes to the Future Land Use Map designations in the area of Celery Avenue/415 Special Area Study; and if staff suggests that an administrative amendment land use change needs to be done, then the Board can consider it at that time.

Districts 1, 2, 4 and 5 voted AYE.

PUBLIC HEARING, Continued

Upon inquiry by Vice Chairman Morris, Mr. McMillan advised the Resolution relating to a quorum of public hearings only relates to evening meetings. He suggested readopting another resolution that will delete the words "for an evening".

Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-76, as shown on page _________, amending Resolution #99-R-82 by deleting the words "for an evening".

Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER

Mr. Grace stated staff is requesting authorization to send a delegation to Ireland during the week of May 16-20, 2001. He stated tomorrow is the key date in trying to obtain reasonable airline tickets.

Commissioner Henley stated in view of the County’s budget, he would not support sending a delegation until they are in a better financial shape.

Mr. Grace stated the monies are already budgeted for travel.

Commissioner Maloy stated he would have to concur with Commissioner Henley’s comments.

Commissioner Morris asked the Board to reconsider this issue as the County has received correspondence from Wicklow County.

Mr. Grace stated the County did receive a formal invitation from Wicklow County.

Commissioner Henley stated he is not opposed to travel, but the County has to make choices on dollars and he knows a significant amount of budget problems are going to crop up, and he doesn’t think this issue ranks as crucial and that is why he will not support it at this time.

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The Board recessed the meeting at 12:10 p.m., reconvening at 1:30 p.m. with only County Attorney Robert McMillan and Deputy Clerk Carylon Cohen, who replaced Deputy Clerk Eva Roach, in attendance.

PUBLIC HEARING

APPEAL BOARD OF ADJUSTMENT/BCC

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision in approving a sign height variance from 21’15" to 15’ for United Studios/USID Bob Lee; property located at the NE corner of Fernwood Boulevard and 17-92, Board of County Commissioners, received and filed.

Mr. McMillan stated upon surveying the meeting room, there is not a quorum of the BCC. He advised of the one item that was scheduled for a public hearing this afternoon. He announced that, there being no Commissioner present and by authority of the Resolution adopted by the Board, the public hearing will be continued to May 8, 2001, 1:30 p.m., or as soon thereafter as possible.

Mr. McMillan recessed the meeting at 1:31 p.m., reconvening at 7:00 p.m., this same date with all Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PUBLIC HEARINGS

Vice Chairman Morris announced that he just received a notice that the SR 46 Scenic Corridor Overlay is scheduled for this evening and he would like to clarify that this issue is not on the agenda and is actually scheduled for May 8, 2001 at 7:00 p.m.

PROOF OF PUBLICATION

Motion by Commissioner Henley, seconded by Commissioner McLain to accept the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 2, 4 and 5 voted AYE.

APPEAL AGAINST BOA/BCC

Continuation of a public hearing to consider an Appeal of the Board of Adjustment’s decision in approving a sign height variance from 21’5" to 15’ for United Studios/USID Bob Lee; property located at the NE corner of Fernwood Blvd. and 17-92, Board of County Commissioners.

District Commissioner Henley stated he received a phone call from Mr. Lee requesting that this item be continued to May 8, 2001.

Motion by Commissioner Henley, seconded by Commissioner McLain to continue to May 8, 2001 at 1:30 p.m., or as soon thereafter as possible, request to Appeal the Board of Adjustment’s decision in approving a sign height variance from 21’5" to 15’ for United Studios/USID Bob Lee; property located at the NE corner of Fernwood Blvd. and 17-92, as described in the proof of publication, Board of County Commissioners.

No one spoke in support or in opposition of the continuance.

Districts 1, 2, 4 and 5 voted AYE.

NOTICE OF PROPOSED CHANGE/HIBC

Proofs of publication, as shown on page ________, calling for a public hearing to consider request for Notice of Proposed Change to the Heathrow International Business Center Development of Regional Impact; property located approximately 218.4 acres, generally located on the west side of I-4, immediately north of the I-4 and Lake Mary Blvd. interchange, on properties extending north along International Parkway to CR 46A (portions a.k.a. H.E. Thomas Jr. Parkway), Miranda Fitzgerald, received and filed.

Vice Chairman Morris indicated that the applicant is requesting that this item be continued to May 8, 2001 at 1:30 p.m.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner McLain, seconded by Commissioner Henley to continue to May 8, 2001 at 1:30 p.m., or as soon thereafter as possible, request for Notice of Proposed Change to the Heathrow International Business Center Development of Regional Impact; property located approximately 218.4 acres, generally located on the west side of I-4, immediately north of the I-4 and Lake Mary Blvd. interchange, on properties extending north along International Parkway to CR 46A (portions a.k.a. H.E. Thomas Jr. Parkway), as described in the proof of publication, Miranda Fitzgerald.

Upon inquiry from a gentleman in the audience, Commissioner McLain advised that Chairman Van Der Weide is ill and will not be in attendance this evening.

Districts 1, 2, 4 and 5 voted AYE.

REZONE FROM PUD TO PUD/

HIBC PUD

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for the Heathrow International Business Center Planned Unit Development and Amendment to the PUD Final Master Plan and creation of the Third Amended and Restated Commitments, Classifications, and District Description (a.k.a. Developer’s Commitment Agreement); property located on approximately 218.4 acres, generally located on the west side of I-4, immediately north of the I-4 and Lake Mary Blvd. interchange, on properties extending north along International Parkway to CR 46A (portions a.k.a. as H.E. Thomas Jr. Parkway), Miranda Fitzgerald.

Vice Chairman Morris advised that the applicant has requested that this item be continued to May 8, 2001.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner McLain, seconded by Commissioner Henley to continue to May 8, 2001 at 1:30 p.m., or as soon thereafter as possible, request to Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for the Heathrow International Business Center Planned Unit Development and Amendment to the PUD Final Master Plan and creation of the Third Amended and Restated Commitments, Classifications, and District Description (a.k.a. Developer’s Commitment Agreement); property located on approximately 218.4 acres, generally located on the west side of I-4, immediately north of the I-4 and Lake Mary Blvd. interchange, on properties extending north along International Parkway to CR 46A (portions a.k.a. as H.E. Thomas Jr. Parkway), as described in the proof of publication, Miranda Fitzgerald.

Districts 1, 2, 4 and 5 voted AYE.

VISION 2020 PLAN

Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending the Seminole County Comprehensive Plan as set forth in the Vision 2020 Plan, received and filed.

Kevin Grace, County Manager, stated staff is requesting that this item be continued to May 8, 2001.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner Henley, seconded by Commissioner McLain to continue to May 8, 2001 at 7:00 p.m., or as soon thereafter as possible, request to consider an Ordinance amending the Seminole County Comprehensive Plan as set forth in the Vision 2020 Plan, as described in the proof of publication.

Districts 1, 2, 4 and 5 voted AYE.

PLAN AMENDMENT AND REZONE

John Percy

Proofs of publication, as shown on page ________, calling for a public hearing to consider a Plan Amendment from Planned Development and Public/Quasi-Public to Planned Development and Rezone from PUD (Planned Unit Development), C-1 (Retail Commercial), A-1 (Agriculture), R-1A (Residential), and R-1AA (Residential) to PUD (Planned Unit Development); property located north of SR 436, south of Sand Lake Road, and west of West Lake Brantley Drive, John Percy, received and filed.

Mr. Grace stated he believes the applicant has requested that this item be continued to May 8, 2001 since the District Commissioner is not in attendance.

Upon inquiry by Vice Chairman Morris, Cindy Matheny, Senior Planner, addressed the Board to advise she spoke to some residents today and they have requested that this item be continued. She stated she spoke to the applicant around 5:00 p.m. today and he has no objections to continuing this item.

Commissioner McLain stated based on the residents and applicant’s request, he would recommend continuing this item to May 8, 2001.

Motion by Commissioner McLain, seconded by Commissioner Henley to continue to May 8, 2001 at 7:00 p.m., or as soon thereafter as possible, request for a Plan Amendment from Planned Development and Public/Quasi-Public to Planned Development and Rezone from PUD (Planned Unit Development), C-1 (Retail Commercial), A-1 (Agriculture), R-1A (Residential), and R-1AA (Residential) to PUD (Planned Unit Development); property located north of SR 436, south of Sand Lake Road, and west of West Lake Brantley Drive, as described in the proof of publication, John Percy.

John Goring, 2450 Pleasant Dr., addressed the Board to speak in opposition to the continuance. He stated those in attendance would like to hear this item tonight.

Commissioner McLain stated traditionally the Board expects the District Commissioner to make his recommendation on issues in his district.

John Percy, applicant, addressed the Board to state Ms. Matheny informed him that the District Commissioner would not be present this evening. He stated he has no problem with the continuance.

Commissioner McLain stated he has not visited the site and in reviewing the documents, he would have a difficult time hearing this item tonight.

Commissioner Henley stated traditionally, the District Commissioner has the responsibility meeting with the applicant and the residents and he would hesitate moving forward on this issue without hearing from the District Commissioner. He stated it has been the Board’s tradition of honoring requests especially when it deals with sensitive items and the District Commissioner is present. He added he has not met with the citizens or staff on the details of this item and he feels the District Commissioner’s input is important.

Commissioner Maloy stated he would have to concur with the Board’s recommendation. He stated the last he heard is that the District Commissioner is recuperating and expects to be back soon. Therefore, he has no problem continuing this item for two weeks.

Vice Chairman Morris stated most items that are controversial could be worked out with the District Commissioner. He stated he has not discussed this with anyone, except for receiving some e-mail and comments from a few citizens. He added he has not heard from the applicant and he would urge them to contact each commissioner to bring them up to date on this issue.

A lady in the audience addressed the Board to invite each of the commissioners to visit their area with the District Commissioner so they can understand the residents’ concerns.

Commissioner McLain requested that the residents contact his office to schedule a meeting with him to discuss this issue.

Districts 1, 2, 4 and 5 voted AYE.

TYPICAL SECTION AND ALIGNMENT OF BUNNELL ROAD

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Typical Section and Alignment of Bunnell Road from Eden Park Avenue to West Parkway, received and filed.

Heather Bradshaw, Engineering Division, addressed the Board to state staff is recommending a three-lane urban typical section. She stated staff is trying to obtain railroad right-of-way and they will use a portion of the railroad property for the final project. She added the benefit of buying the railroad property is outlined in the agenda packet.

Alex Hall, Inwood Consulting, addressed the Board to review slides of the impact of the improvements and the cost associated with it; the existing traffic on the roadway now; traffic projections; 4-lane traffic projection; projections needed for safety improvements; improvements they are proposing; sidewalk and bicycle lanes; and the study process. He stated staff is proposing a three-lane typical section with a 180-ft. right-of-way with 5-ft. sidewalks and 4-ft. bicycle lanes. He reviewed the first and second segments. He stated the segment they are proposing would allow them not to acquire any residential or business parcels. The only parcel that they will be acquiring is the railroad right-of-way. The estimated cost of the project is $3.49 million.

Ms. Bradshaw informed Commissioner Maloy that staff could look into making improvements all the way down to Bear Lake Road.

Johnnie Murray, Sr., 1193 Bunnell Road, addressed the Board to ask questions relating to how close the road will be to their houses, how much of their yards will be left, and will water and sewer be included. He stated the residents’ mailboxes are on the opposite side of the road and he would like to see them moved to the front of their homes. He said traffic will continue to grow and in 5-10 years they will be sorry that 4 lanes were added.

Nancy Wyatt addressed the Board to state it appears that part of her property will have to be acquired by the County. She stated she will be unable to sell the rest of it. She added she feels that the whole property will be impacted and all of it should be purchased.

John Moore, Engineer, addressed the Board to explain the process of acquisition and the timeline of the acquisition.

Upon inquiry by Vice Chairman Morris, Mr. Moore advised staff will assist with the mailbox issue.

Upon further inquiry by Vice Chairman Morris, Mr. Moore advised staff has discussed the issue of reclaimed water with the City of Altamonte Springs and it may require annexation. Staff will pursue that issue and contact Mr. Murray relating to this issue.

Ms. Bradshaw explained for Vice Chairman Morris why they cannot do 4-laning at this time.

Troy Campbell addressed the Board to state his property will probably be impacted as well. He stated to help offset the impact of his property, it may be better taking part of the right-of-way to the south.

Ms. Bradshaw stated the County may be able to use that property as right-of-way. She stated staff will show the preliminary report to Mr. Campbell.

No one else spoke in support or in opposition.

Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt the 3-lane urban typical section with the composite alignment for the design of Bunnell Road from Eden Park Avenue to West Town Parkway, and authorize staff to proceed with right-of-way acquisition, including advancing the railroad acquisition, as described in the proof of publication.

Under discussion and upon inquiry by Vice Chairman Morris, Ms. Bradshaw advised staff can inform the Trail Advisory Committee of this acquisition and will discuss this with the City of Altamonte Springs to see what they say about getting together with this acquisition.

Districts 1, 2, 4 and 5 voted AYE.

REZONE/Charles Ayers

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) and Amendment to Alaqua Lakes PUD, Final Master Plan and Developer’s Commitment Agreement; property located west of the intersection of Markham Road and Lake Mary Blvd., Charles Ayers, received and filed.

Tony Matthews, Principal Planner, addressed the Board to state the property to be rezoned is currently part of Tract N (Golf Course) of the Alaqua Lakes PUD. The applicant is proposing to add Tract V to the PUD, which will consist of three single-family residential lots. These lots will be transferred from Tracts C and K, resulting in no increase to the 515 lots previously approved for the PUD. Each lot will be a minimum of one acre and will meet the building and lot requirements of A-1 zoning. The applicant is also requesting other miscellaneous revisions to the Developer’s Commitment Agreement to clarify as built acreage. He stated staff recommends approval of the zoning and amendment with findings that the proposed use is: (1) Consistent with the final development form in the Wekiva River Protection area of one dwelling unit or less per net buildable acre; (2) Compatible with surrounding development and development trends toward single family residential uses; (3) Consistent with the Planned Development future land use designation; (4) Consistent with Plan policies identified at this time; and (5) The applicant has installed a 50-ft. irrigated landscaped buffer abutting the eastern property lines of Lots 17 and 18, Alaqua Lakes Phase II, located at the southern end of Deer Chase Run, adjacent to the Florida Power Corporation power line easement, consisting of slash pines supplemented with wax myrtles, according to the Alaqua Lakes Buffer sketch plan. He stated the subject buffer has been inspected and approved to the satisfaction of Seminole County. The Local Planning Agency recommended approval of the request with staff recommendations.

Charles Ayers, applicant, addressed the Board to state he agrees with staff’s conditions and will be glad to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Ordinance #2001-18, as shown on page _______, approving rezoning to PUD (Planned Unit Development); property located west of the intersection of Markham Road and Lake Mary Blvd., as described in the proof of publication, Charles Ayers, with staff conditions.

Under discussion and upon inquiry by Commissioner Henley, Mr. Matthews advised staff visited the site and discovered that several trees were removed and those have been replaced to staff’s satisfaction.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the Amendment to the Alaqua Lakes PUD, Final Master Plan and Developer’s Commitment Agreement, as shown on page _________, property located west of the intersection of Markham Road and Lake Mary Blvd., as described in the proof of publication, Charles Ayers.

Districts 1, 2, 4 and 5 voted AYE.

CHAIRMAN’S REPORT

Upon inquiry by Vice Chairman Morris, Mr. Grace advised that he spoke to Chairman Van Der Weide’s wife and she indicated that he is making some progress and hopefully, he will be released from the hospital this Thursday or Friday.

COMMUNICATIONS AND/OR REPORTS

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

  1. Agenda for the City Council of Oviedo meeting of April 16, 2001. (cc: Board, County Manager, Deputy County Managers)
  2. Letter dated April 13, 2001, from Sanford Mayor Brady Lessard, advising of the renaming and dedication of the Sanford Seminole Aquatic Center to the "Larry A. Dale Aquatic Center." (cc: Board, County Manager)
  3. Memorandum dated April 13, 2001, from Jerry McCollum, P.E., County Engineer, to the Board and County Manager, Re: HOA Landscaping Reimbursement Policy. (cc: Deputy County Managers, Public Works Director, Administrative Manager, Road Operations)
  4. Letter dated April 13, 2001, from Diane Pickett, Vice President, Public Affairs and Government Relations, Time Warner Communications, Re: New programming. (cc: Board, County Manager, Cable Franchise Coordinator)
  5. Facsimile and attachments to the Board dated April 15, 2001, from Harry B. Buffkin, Jr., Re: Proposed sales tax extension and school related issues.
  6. Letter dated April 10, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, transmitting a copy of the Notice for Ordinance No. 3636. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director)
  7. Letter dated April 10, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, transmitting a copy of the Notice for Ordinance No. 3637. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director)
  8. Letter dated April 10, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, transmitting a copy of the Notice for Ordinance No. 3634. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director)
  9. Copy of letter dated April 10, 2001, from David Hopkins, Condo Owner/Tenant, Re: Drainage pipe in lake at Sandy Cove Condos in Altamonte Springs, Florida. (cc: Board, County Manager, Altamonte Springs City government, Sandy Cove Condo Association)
  10. Copy of Memorandum dated April 13, 2001, from Robert A. McMillan, County Attorney to Bob Wilson, Finance Director, advising that Stephen Lee, Deputy County Attorney will be acting County Attorney during the time period April 16 through 20, 2001.
  11. Copy of Letter dated April 11, 2001, from Vice Chairman Randall C. Morris, to Governor Jeb Bush, Re: Preservation 2000 Funds/Florida Forever Funds. (cc: Board, County Manager)
  12. Memorandum dated April 6, 2001, from Barbara A. Vergara, Director, Division of Water Supply Management, St. Johns River Water Management District, transmitting a Draft -- Water Use Projection Methodologies for the 2003 District Water Supply Assessment. (cc: Board)
  13. Copy of Memorandum dated April 6, 2001, from Byron W. Brooks, Executive Director, to the Lynx Board of Directors, Re: Increased Media Coverage of A+Link Paratransit. (cc: Federal, State and Local Elected Officials and Staff, Staff Directors and A+Link, Lynx)
  14. FAC Legislative Bulletin to County Commissioners, County Administrators, County Lobbyists, County Attorneys and Affiliate Presidents.
  15. Copy of E-mail dated April 10, 2001, from Donna E. Duffy to Commissioner Daryl McLain, Re: Wekiva Park PUD -- County Commissioner meeting April 10, 2001, Retention Concerns. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Planning Manager)
  16. Copy of letter dated April 9, 2001, from Darrell W. Smith, Budget Services Director, Florida Department of Revenue, to J. Raymond Valdes, Seminole County Tax Collector, Re: Development of budget request for fiscal year 10/1/2001 through 9/30/2002. (cc: Board, County Manager, Fiscal Services)
  17. Letter dated April 5, 2001, from Sheriff Donald F. Eslinger to the Chairman Re: Annual Jail Inspection.
  18. Letter dated April 5, 2001, from Kenneth E. Stinson, State of Florida Department of Revenue, Re: Proceeds of local option gas tax. (cc: Board, County Manager, DCMs, Fiscal Services/response)
  19. Notice and Agenda for the regular Board Meeting of the Seminole County Port Authority meeting of April 18, 2001.
  20. Copy of letter dated April 9, 2001, from J. Suzy Goldman, Library & Leisure Services Director, to the Mott Family, expressing appreciation for recent donation of Southern Living 2000 Garden Annual.
  21. Copies of letters from Mr. Kenneth Roberts, Director, Department of Public Safety, to Karen Omodt, Sheila Dyer, and Shirley Cannan, expressing appreciation for recent donations to the Animal Control Division.
  22. Copy of letter dated April 18, 2001, from Lonnie N. Groot, Shutts & Bowen, to Ginny Markley, Zoning Coordinator, Re: Nobel Learning Communities; Request for Continuance; Revised Plan. (cc: Board, Frank Shelton)
  23. Notice of Public Hearing to be held by the Planning Board of the City of Altamonte Springs, on May 9, 2001, to consider request for a Variance to Land Development Code regarding rear yard setback. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director)
  24. Copy of letter dated April 12, 2001, with attachment, from John Arserio, Re: Proposed Super Wal Mart within the City of Oviedo at corner of Red Bug Lake Road and SR 426 (Aloma Avenue). (cc: Board)
  25. E-mail dated April 17, 2001, from Pete Ramondetta to the Board Re: Orlando Magic Situation.
  26. Copy of letter dated April 18, 2001, from Antoine I. Khoury, P.E., Principal Engineer, Seminole County Engineering, Re: Citrus Street & Grove Avenue Paving. (cc: Board, Altamonte Springs City Engineer, County Engineer)
  27. Letter dated April 20, 2001, from Brad Cooper, President, Exceptional Advertising, Inc., Re: Outdoor Advertising Sign Ordinance. (cc: Board, County Manager, Deputy County Managers, Planning & Development Director, County Attorney, Planning Manager)
  28. Memorandum dated April 16, 2001, from Steven M. Seibert, Secretary, Dept. of Community Affairs, to all County Commission Chairpersons, Planning Directors, Emergency Management Directors, Local Mitigation Strategy Coordinators, Re: Florida Coastal Management Program Plan and Funding. (cc: Coastal Impact Assistance Program Plan and Funding, Board, County Manager, Deputy County Manager/Chandler)
  29. Letter (facsimile) dated April 22, 2001, from Kent Foreman to the Chairman, Re: Forest Lake PUD Rezoning and Land Use Amendment. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Planning Manager)
  30. Copy of Memorandum dated April 20, 2001, from Henry Brown, Assistant County Attorney, to Maureen Landgraf, Engineering Accountant, Transportation, Public Works, Re: Direct Pay Request - Seminole Co. v. Grace Properties, No. 7, Ltd. et al, Parcel Nos. 106/706 - $1,225.00. (cc: Board, County Attorney, County Engineer, Purchasing & Contract Manager)
  31. Copy of Memorandum dated April 20, 2001, from Henry Brown, Assistant County Attorney, to Maureen Landgraf, Engineering Accountant, Transportation, Public Works, Re: Direct Pay Request - Seminole Co. v. Grace Properties, No. 7, Ltd. et al, Parcel Nos. 106/706 - $4,000. (cc: Board, County Attorney, County Engineer, Purchasing & Contract Manager)
  32. Contracts for Services, as shown on page _________, between Seminole County Parks and Recreation Department and Joshua C. Dates, Carmen Hamilton, Jeffrey Horn, Charles Seibold.
  33. Copies of letters dated April 16, 2001, from Kenneth M. Roberts, Director, Department of Public Safety, to Mr. and Mrs. Ronnebrug, CeeJay Pedersen, Tim Maulden, expressing appreciation for recent donations to the Seminole County Animal Control Division.
  34. Newsletter from the School Board of Seminole County.
  35. Minutes of the Tourist Development Council Meeting of February 8, 2001.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Maloy apologized for the delay in providing information from Mr. Brooks, Lynx Executive Director, that he promised from the last meeting. A copy of the presentation was received and filed.

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Commissioner Morris stated he was able to briefly speak to the County Attorney on the Code Enforcement issue. He stated action was taken this morning correcting the rotating appointments. He stated the rotation will start in January of next year.

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Commissioner Morris discussed the issue of providing an attorney for the Code Enforcement Board and getting him more involved in their decision making.

Mr. McMillan stated the Code Enforcement Board already has their own attorney. He stated the Statute requires that the County Attorney can serve as counsel to either staff or the Code Enforcement Board, but not both. When the Code Board was initially created, the County Attorney served as counsel to the Code Enforcement Board. But when they decided not to heed the County Attorney’s recommendation, his office decided not to counsel the Board but to help the code enforcement staff. His office can take a stronger position with the Code Enforcement Board as to what the County would like to see them do.

Vice Chairman Morris stated Seminole County has the longest code enforcement process and it takes a long time to deal with an issue. Something needs to be done in getting a recommendation from the County Attorney to assist in this process. He stated the Code Enforcement Board needs to know what has occurred and issues need to be reported to them. He said he feels that the members of the Code Enforcement Board may need to go and observe some of the situations that the code enforcement inspectors sees in the field. It may be necessary for them to observe the code enforcement agency in Orange County to see how they operate.

Mr. Grace stated he feels the County needs to look at ways of improving the process. He stated a joint work session is scheduled next Tuesday between the Board and the Code Enforcement Board.

Commissioner Morris stated staff can report back on what can be done.

Commissioner Maloy stated he would have to agree that the code enforcement process needs to be addressed.

Vice Chairman Morris stated an informational sheet of how the procedures will be handled and what rights they have should be provided to the violators.

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Commissioner Henley referred to a letter from Mr. Tomey relating to water and the potential loss of eminent domain power. He stated the Board may want to do some self-regulating as it relates to water.

Vice Chairman Morris recommended sending a letter to the Legislative Delegation.

The consensus of the Board was to authorize staff to draft a letter on behalf of the Board.

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Commissioner Morris stated about a month ago he spoke to the Board with regard to a Telecommunication tax being charged. He stated he spoke to the lobbyist for the Florida Association of Counties and that item is covered with a system that will go into place.

COMMITTEE REPORTS

Commissioner Henley stated he will provide the Board with a copy of the minutes of the Mental Health meeting.

COUNTY MANAGER’S REPORT

Mr. Grace reported that the firefighters union ratified the contract proposal and it will come before the Board on May 8, 2001.

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Mr. Grace reminded the Board of the County Employee picnic scheduled for May 6, 2001.

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Mr. Grace stated he spoke to Chairman Van Der Weide’s wife, and the Chairman indicated that he does feel strongly about sending a delegation to Wicklow County in Ireland. He stated the Chairman has asked the Board to consider this and he recommended sending Vice Chairman Morris as he will be unable to attend.

Motion by Commissioner McLain, seconded by Commissioner Henley to authorize sending a delegation to Wicklow County, Ireland on May 16-20, 2001, on behalf of the wishes of Chairman Van Der Weide.

Under discussion, Commissioner Henley stated he has not changed his opinion on what he previously expressed earlier today. It would cost the County significantly more money to buy the tickets at that time rather than in advance. He stated he will support the Chairman’s wishes, but he has not changed his mind. It is unfair to take advantage of the Chairman’s absence and cost the County more money later.

Commissioner McLain stated he also has concerns about the County’s finances, but the County has had a relationship with Wicklow County over the last eight or nine years. It has been quite a while since a delegation has been over there and he feels it would be appropriate to send a delegation to Ireland, as it is time to do that.

Commissioner Maloy stated he has been on record of voting against foreign trips and he doesn’t feel this is something they should be doing with county tax dollars. Therefore, he will be opposing the trip.

Upon inquiry by Commissioner McLain, Mr. Grace advised that he, Vice Chairman Morris, the Economic Development Manager and the Tourist Development Director will be going on the trip.

Districts 2, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:30 p.m., this same date.

 

ATTEST________________________Clerk_____________________Chairman

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