BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 27, 1999
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, April 27, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Carlton Henley (District 4)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Daryl McLain (District 5)
Acting County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Eva Roach
The Invocation was given by Pastor Jon Carnes, Sanford First Church of the Nazarene.
Commissioner Daryl McLain led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Chairman Henley advised that the Resolution proclaiming Law Week and Law Day will be presented at this afternoon’s session.
COUNTY ATTORNEY’S REPORT
LEGISLATIVE AND INFORMATION ITEMS
Robert McMillan, County Attorney, addressed the Board to advise his office does not have any legislative or informational items to discuss at this time. He stated he would be glad to answer questions or discuss any Legislative issues.
Upon inquiry by Commissioner Van Der Weide, Chairman Henley advised he would be bringing up the status of the title loan issue during his District Commissioner report this afternoon.
COUNTY ATTORNEY’S CONSENT AGENDA
Mr. McMillan updated the Board on Item #1, Robert Dance and Bob Dance Dodge, Inc. v. Seminole County Code Enforcement Board, et al. He stated Mr. Dance and his office have come to an agreement relative to the amount he has offered to pay. Mr. Dance has indicated that since no order has been issued to impose a fine, he would like a letter sent to him to that effect. He stated he sent a letter to Mr. Dance and he has agreed to dismiss the case. He added his office still needs authority to defend. He said his office will be working on the stipulations and the County would seek no fines at this point. Mr. Dance agreed to not put up the inflatables unless the ordinance changes. If the inflatables go up, the fine will run from the date they go up until they come down.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize and approve the following:
Litigation
1. Request authorization to defend relative to Robert Dance and Bob Dance Dodge, Inc. v. Seminole County Code Enforcement Board, et al. Plaintiffs seek a Writ of Certiorari overturning alleged decision of the Code Enforcement Board’s levying a fine against Plaintiffs for violation of a County sign regulation; and alleging declaration of that Section of the Seminole County Code regulations of an inflatable advertising and display of balloon pennants, banners, flags and similar devices are unconstitutional.
2. Request authorization to: (a) Provide notice to dedicate a northeast portion of property in support of project; (b) Temporary and Permanent Injunctions enjoining Pebbles-Springside II from interfering with the project and to compel dedication consistent with the Developer’s Agreement; and (c) Demand reimbursement of Seminole County’s attorney’s fees and costs related to enforcement of the Developer’s Agreement, Pebbles-Springside II property, Parcel Number 107 of the State Road 434/Markham Woods Road/Douglas Avenue road re-alignment project.
7. Request authorization to defend with regard to Raccagno and Abercrombi v. Seminole County. The two plaintiffs allege that they were nude dancers at Club Juana. They challenge the Seminole County Public Decency Ordinance on a number of grounds and ask the Circuit Court to enjoin the enforcement of the ordinance, award attorney’s fees and grant other relief. The case has been referred to the American Liberties Institute for defense.
Property Acquisition
8. Approve purchase Agreement, as shown on page ________, relating to Parcel Numbers 101A, 101B and 101C, located in the northwest quadrant of Longwood Hills Road and Lake Emma Road, City of Longwood, of the Lake Emma Road road improvement project in the amount of $320,861.00 inclusive of attorney’s fees and costs, Intomm, Inc. property.
COUNTY ATTORNEY REGULAR AGENDA
Lonnie Groot, Deputy County Attorney, addressed the Board to present request to withdraw Petition with direction to County Attorney and County Manager to take all reasonable actions to encourage State and St. Johns River Water Management District to protect Clifton Springs and acquire lands abutting Clifton Springs. He stated the County filed a petition with the Governor and Cabinet, and since that time, the Department of Environmental Protection (DEP) developed a proposed order recommending that the County’s petition be dismissed on the basis that there is a lack of jurisdiction with the Governor and Cabinet to deal with title issues. He said staff has been working with the Department of Environmental Protection staff and they have expressed interest in the Springs. He added staff has received a commitment from DEP that they would continue to look at Clifton Springs. He said he is requesting the Board authorize staff to dismiss the petition and continue to seek involvement from various staffs of other agencies to get them involved in protecting the Clifton Springs. A letter and a facsimile from the DEP regarding Clifton Springs were received and filed.
Commissioner Morris stated he has been working closely with Mr. Groot and a few of the property owners on this issue. He stated he doesn’t know if there is any other alternative but to go ahead and withdraw the petition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize staff to withdraw the Petition with direction to the County Attorney and County Manager to place this issue as a priority in encouraging the State, St. Johns River Water Management District, and other interested parties in trying to protect Clifton Springs.
Under discussion and upon inquiry by Commissioner McLain, Mr. Groot advised he has contacted the DEP and St. Johns River Water Management District (SJRWMD) and he is trying to get a more broad base interest in the Springs. He stated he would bring back some type of acquisition program proposal.
Commissioner McLain stated he feels staff should contact all of the environmental groups, such as the Sierra Club, Friends of the Wekiva, and Audubon Society, and ask them to join the County in trying to acquire this property and use their political influence with the State agencies.
Mr. Groot stated he feels that is a good idea.
Commissioner McLain stated he would like staff to report back to the Board at the next meeting about contacts they have made and what kind of overtures the Board can expect for assistance in this area.
Mr. Groot stated he would like the Board to give him until the end of May.
Commissioner McLain stated he has no problem with that.
Upon inquiry by Chairman Henley, Robert Gebaide, Assistant County Attorney, addressed the Board to advise he is not sure how much acreage is needed to provide adequate protection. He said he would obtain that information and report back to the Board.
Commissioner McLain stated the Friends of Lake Jesup is an organization that has been successful in acquiring property. He stated staff might want to include this organization also.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. McMillan updated the Board on the search of a County Manager. He stated Mr. Slavin indicated that he is in the process of developing a short list. He said there was some delay from the citizen consultants relative to feedback. Mr. Slavin has scheduled a meeting with him and Ms. Coto on 5/4/99 to discuss the mechanics of the interview process. Prior to 5/4/99, he will be contacting each Board member to discuss the status of the candidates. He stated Mr. Slavin is hoping to schedule an interview session the week of 5/24/99. The process for the interviews will be one on one and then there will be a public interview session some time that week or the same day.
Upon inquiry by Commissioner McLain, Mr. McMillan advised he is hoping that the public session will be scheduled sometime in May.
Commissioner McLain stated he will be out of town the first two weeks in June and, if necessary, he will come in for the public session, but would rather not.
Mr. McMillan stated the public hearing session is normally set the same day as the personal interviews.
COUNTY MANAGER’S REPORT
BRIEFING ITEMS
ECONOMIC DEVELOPMENT COMMISSION
Tom Yochum, Chairman of the Economic Development Commission of Mid-Florida, addressed the Board to state he feels the Board will be pleased with what they will hear this morning. He stated he would like to thank the Board and all of the public officials on the partnership that has been displayed. He briefly reviewed the history of the Economic Development Commission (EDC) and stated he appreciates Seminole County and their partners working with the EDC.
Darrell Kelley, President and CEO of EDC, addressed the Board to submit a booklet (received and filed) containing business development, retention and expansion; quarterly report; and investment analysis. He reviewed the EDC’s mission and strategy for the 1999/2000 Business Plan. He displayed and reviewed the following goals (received and filed): Investment, Trade, Job Creation, Resources, and Regionalism. He invited the Board to attend an Economic Luncheon scheduled for June 11, 1999.
Tracy Grygiel addressed the Board to highlight the following that has occurred over the last several months: Total number of projects established; total number of jobs created; number of jobs saved or retained; total capital investment and total space leased or purchased, as outlined in the EDC booklet. She highlighted the recent businesses established in the area, current prospects, existing industry initiatives, assistance provided, and other activities.
Commissioner Morris left the meeting at this time.
Ms. Grygiel continued by reviewing the film & television commission, international affairs and trade, and regional overview.
Commissioner Morris reentered the meeting at this time.
Mr. Kelley reviewed the investment analysis as outlined in the booklet.
Commissioner Maloy left the meeting at this time.
Mr. Kelley stated one of his challenges was to try to layer a variety of different indicators in terms of success that Seminole County has enjoyed as a result of the economic interest created in this area. When the film office was started in 1996, it generated about $2.5 million and it has increased to almost $385 million in 1998. The Department of Commerce has reported that the trade export dollars generated about $930 million in 1993 and it has increased to almost $7 billion in 1997.
Commissioner McLain stated when he graduated from high school and college, there were no jobs for young people in this area at that time. He stated his main concern with the growth and population increase is to maintain a very low unemployment rate and to create jobs in a progressive way. He stated he sees opportunities that the County must work on to have Seminole County grow in the area that need improvements, such as the 17-92 corridor. The areas the EDC needs to work on is the 17-92 corridor, the airport in north Seminole County, the hotel conference center that the City of Sanford is proposing, and the new Seminole Community College campus south of Oviedo.
Mr. Kelley stated Ms. Grygiel will be reviewing information provided about what other communities have done relative to similar projects such as the 17-92 corridor. He stated Commissioner Van Der Weide and other groups will be meeting with the EDC to work on the airport growth economic structure. He said he and Doctor McGee will be meeting to discuss the community college structure.
Commissioner Van Der Weide stated he sees nothing but continued success and the one thing he would like to see happen is to stretch a little and crack the major manufacturing employers. He stated if other manufacturing companies do not qualify in other areas, then they may be able to come to the airport.
Commissioner Morris stated he would like staff and the EDC focus on the 17-92 corridor and the Orlando Sanford Airport and submit future reports and including the June report.
Mr. Kelley introduced Mr. Tom Hunt, Vice Chairman of the EDC. He stated he will be succeeding Mr. Yochum in October.
Commissioner Morris left the meeting at this time.
17-92 CRA UPDATE
Kevin Fall, Capital Programs Analyst, and John Jones, Planner, addressed the Board to report the following on the 17-92 Redevelopment Project: April meeting; Potential Projects for 99/00 Budget; Efforts of Developing Corridor Design Guidelines; Establishing Needs to Dynamically Assist Potential Redevelopment; the next meeting in May; and the Business Plan. An outline of the report was received and filed.
Commissioner McLain stated one of the things that the Board needs to be aware of is the shortcoming of staff’s time on this project.
Upon inquiry by Commissioner McLain, Mr. Fall advised that he and Mr. Jones are handling this project themselves.
Commissioner McLain stated the Board needs to discuss during the budget process giving staff adequate time allocated to work with the different businesses along the corridor.
Upon inquiry by Commissioner Maloy, John Moore, Professional Engineer, addressed the Board to report on the status of the surface application expenditures on the 17-92 corridor.
Commissioner Morris reentered the meeting at this time.
Upon further inquiry by Commissioner Maloy, Mr. Moore advised he would be happy to provide the Board with a breakdown of what was purchased.
John Jones addressed the Board to inform the Board that Mr. Bob Turk was unable to be in attendance this morning as he is attending a work force development conference in Texas.
Commissioner McLain left the meeting at this time.
REAL ESTATE RESEARCH CONSULTANTS (RERC) PROPOSAL
Jack Wert, Tourism Development Director, addressed the Board to advise on March 23, 1999, the Board approved funding a study that will include working with the consultants. He stated Par Consultants will conduct the study, and the RERC will review and comment on their report and bring it back to the Board at a later date. He stated the professional fees have been capped at $10,000.
Commissioner McLain reentered the meeting at this time.
Upon inquiry by Chairman Henley, Mr. Wert advised if the consultants have to travel at any time, they will come before the Board for authorization.
Motion by Commissioner Morris to approve the scope of work for the RERC proposal and authorize the Purchasing Manager to issue a contract and work order.
Chairman Henley surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
The gavel was returned to the Chairman.
SEMINOLE WEKIVA TRAIL
Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state since the last work session meeting, staff came up with some alternatives (received and filed) for accelerating the Seminole Wekiva Trail construction. She reviewed the project status, options to accelerate, advantages/disadvantages, and additional comments for Phase I and Phase II (SR 436 to SR 434); 46A to Wekiva River/GeoPark; and Lake Mary Blvd. to SR 46A.
Commissioner Van Der Weide stated staff has the Board’s overwhelming support for the trails and he is looking forward to the day these trails are connected across the County. He stated the problem now is there is a major population base that doesn’t have benefit to these trails. He said he would think the smartest thing to do is to cover the population base as much as possible.
Ms. Rotella stated the groundbreaking for the first phase in the corridor of Altamonte Springs is scheduled in August. She continued by reviewing the trail from SR 434 to E.E. Williamson.
Upon inquiry by Commissioner Van Der Weide, Ms. Rotella advised the first phase is 2.11 miles.
Commissioner McLain stated the one thing the Board needs to be aware of is there is a need for some large park lands. The key here is there is a large parcel in the Oviedo area that ties the park and trail program together. He stated he would hate to miss an opportunity of picking up an 80-acre park.
Ms. Rotella stated staff identified options at the work session last Tuesday and the Board authorized staff to move forward with the 70-acre parcel. She stated staff will be initiating an appraisal process on that property.
Commissioner McLain stated he doesn’t know if it would be wise to commit on one particular project until a report has been submitted.
Commissioner Van Der Weide stated the 2½ mile segment is a significant indication of the County’s intent and gives them the flexibility they need with the budgeted $1 million.
Commissioner Maloy stated he believes the section that Commissioner Van Der Weide brought up is being funded by DOT.
Ms. Rotella stated she believes that is correct.
Commissioner Maloy stated there are a lot of needs out there. One of the things the Board discussed last Tuesday was to discuss this issue with the School Board. Another idea to consider is keeping some of that in reserve for improving some of the neighborhood parks. If the School Board is willing to work with the County in improving the neighborhood parks, they may be able to improve several parks around that area.
Commissioner Morris stated he doesn’t think the Board will be able to make a decision on this today. He said the overpass money is available for the Cross Seminole Trail in the Winter Springs area and for the I-4 overpass. He stated he would recommend staff bringing this issue back to the Board as soon as possible as there are definite needs in that area.
Ms. Rotella stated she believes staff can bring something back during the budget work sessions. She said staff needs at least two months to obtain appraisals and to look at vacant land for park properties.
Upon inquiry by Commissioner Henley, Ms. Rotella advised she would hope to bring the contract for the Wekiva 20-acre parcel during the second meeting in May. She stated in order to do appraisals, she needs at least 30 days. She added she could bring the additional detailed information sooner and then submit the appraisals in June.
Chairman Henley stated staff will move forward on this as quickly as they can.
CONSENT AGENDA
Cindy Coto, Acting County Manager, addressed the Board to advise that Item #26, adopt Resolution and Warranty Deed, exchanging property, Paul & Joan Musante, has been moved as a public hearing item for this afternoon. She added that staff has detailed information for Item #25, Intergovernmental Agreement with Lynx.
Commissioner McLain left the meeting at this time.
Commissioner Maloy stated he would like Item #25 pulled for a separate vote.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize and approve the following excluding Items #25 and #26:
Administrative Services
Support Services
1. Approve and authorize Chairman to execute Lease Agreement, as shown on page __________, with Seminole County Mental Health Center; space located at 300 Bay Avenue, Sanford.
Environmental Services
Solid Waste
3. Approve and authorize Chairman to execute Recycling and Education Grant, as shown on page _________, for reimbursement in an amount not to exceed $167,623 for the 2nd quarter FY 98/99.
4. Approve and authorize Chairman to execute Litter Marine Debris Grant, as shown on page _________, for reimbursement in an amount not to exceed $26,316 for the 2nd quarter FY 98/99.
5. Approve and authorize Chairman to execute Waste Tire Grant, as shown on page __________, for reimbursement in an amount not to exceed $184,106 for the 2nd quarter FY 98/99.
Budget
6. BCR #99/59 - $64,434 – Planning and Development – CDBG: Fund 11901 – CDBG Block Grant Fund. To provide funding for additional costs for Roseland Park sanitary sewer installation. Original design did not include costs for additional sewer connection footage and geotechnical services.
7. BCR #99/61 - $1,658 – Library and Leisure Services – Parks and Recreation: Fund 11000 – TDC Fund. To provide funds for the purchase of field maintenance equipment for the Sports Training Center at Sylvan Lake Park.
8. BCR #99/63 - $31,053 – Information Technologies – Cable: Fund 10101 – Transportation Fund. To provide funding from reserves to complete retrofit and installation of BCC auditorium audio-visual equipment contingent upon approval of purchasing amendment.
9. BCR #99/64 - $25,335 - Public Works – Administration: Fund 11500/10101 – Infrastructure Tax Fund/Transportation Trust Fund. Accounting adjustment to provide funding from reserves to reimburse utility companies for collecting County utility tax and adjust the rubberized railroad crossings project to reflect actual project status.
10. BCR #99/65 - $2,253,341 – Public Works – Engineering: Fund 11500/12603 – Infrastructure Tax Fund/West Collector – Impact Fee Fund. Adjust major road capital project budgets to reflect current program status and financial projections.
11. BCR #99/66 - $490,000 – Public Works – Stormwater: Fund 13000 – Stormwater Fund. Adjust Stormwater Division capital project budgets to reflect current program status and financial projects.
12. BCR #99/67 - $108,692 – Public Safety – Emergency Communications/911: Fund 12500 – Emergency 911 Fund. To provide funding for the move of communication equipment to the new Public Safety building and transfer rebudgeted funds to new account lines.
13. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Black Hammock Phase II Water Service Municipal Services Benefits Unit (Lucille C. Kirchhoff and William E. Kirchhoff). District 5 - McLain
Purchasing
Formal Contracts
15. Award FC-164-99/BJC, as shown on page ________, Interim Treatment/Wells 6 & 8, to Wharton-Smith, Inc., Lake Monroe ($747,000.00).
16. Award FC-166-99/BJC, as shown on page _________, Seminola Boulevard Landscape Project (US 17-92 to Lake Drive) to Vila & Son Landscaping Corporation, Lake Buena Vista ($215,778.00).
17. Approve Change Order #1, as shown on page _________, to FC-142-98/BJC - Bear Creek Subdivision Wall, with Cathcart Contracting Company, Oviedo ($2,293.00) (Time Extension).
18. Approve Change Order #2, as shown on page _________, to FC-153-98/BJC - US 17/92 Fern Park Sidewalk & Landscape Improvements ($5,772.00) (Time Extension).
Professional Services
19. Approve ranking list for PS-535-99/BJC – Construction Engineering and Inspection Services for County Road 46-A – Phase II, authorize negotiations, and award a Contract, as shown on page _________, to Post, Buckley, Schuh & Jernigan, Construction Services, Inc., Casselberry (Not-to-exceed $1,100,000.00).
20. Approve ranking list for PS-538-99/BJC – Architectural and Engineering Services for construction projects with an estimated cost of $500,000.00 or less, authorize negotiations, and award Master Agreements, as shown on page _________, to Bentley Architects & Engineers, Inc., Longwood; Borrelli & Associates Architects, Planners, Winter Park; and MRI Architectural Group, Inc., Orlando (Not-to-exceed $375,000.00).
Request for Proposals
21. Approve Amendment #3, as shown on page _________, to RFP-215-95/BJC – Fleet Maintenance Agreement, with Ryder/ATE, Inc., Cincinnati, Ohio ($73,040.00).
22. Approve Amendment #4, as shown on page __________, to RFP-437-98/BJC – BCC Auditorium Audio/Video Retrofit and Installation, with South Western Communications, Sanford ($31,052.81).
Planning & Development
Comprehensive Planning
23. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page _________, with the Community Improvement Association of Seminole County, Inc.
24. Authorize the Community Development staff to publish a proposed amendment to the current year Consolidated Plan to gather public comment on using HOME Program funds to rehabilitate the Palm Tree Apartments in Sanford via the Center for Affordable Housing, Inc. District 5 – McLain
Public Works
Engineering
27. Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page __________, with the City of Altamonte Springs in conjunction with the Charlotte Street Road Improvement Project (Stelle Avenue to Explorer Cove). District 4 – Henley
28. Approve and authorize Chairman to execute a Purchase Agreement, as shown on page _________, between the First Baptist Church of Altamonte Springs, Inc. and Seminole County, for property necessary for the Charlotte Street Road Improvement Project (Stelle Avenue to Explorer Cove). District 4 - Henley
Districts 1, 2, 3, and 4 voted AYE.
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Dick Thomas, Transportation Specialist, addressed the Board to present request to approve Intergovernmental Agreement with Lynx for the purchase of buses using the County’s one-cent infrastructure sales surtax funds. He stated the Lynx Board approved the agreement at their April 22 meeting and there have been some changes to the agreement. He advised that the words "title ownership" have been added to the last sentence of paragraph one on page 4.
Upon inquiry by Commissioner Maloy, Mr. Thomas advised that a portion of the transportation sales tax was set aside basically for signals, traffic opts and mass transit. Those monies were divided 50-50 between traffic opts, signals and mass transit.
Commissioner Maloy stated he feels the mass transportation component should come from a different part of the budget and keep that money dedicated to the road building.
Mr. McMillan stated he believes a mass transit element was in the referendum. He stated he knows it was part of the program from the beginning.
Mr. Thomas stated Lynx is anxious to purchase these buses before the end of the fiscal year. This issue was discussed during the budget process.
Commissioner Morris stated he would like this issue brought back this afternoon so staff can answer Commissioner Maloy’s question.
Commissioner McLain reentered the meeting at this time.
Commissioner Maloy stated he would recommend looking at other funding and bringing it back in two weeks.
Chairman Henley stated staff can bring this back this afternoon with detailed additional information.
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Ms. Coto reiterated that Item #26 will be heard as a public hearing item this afternoon.
REGULAR AGENDA
ENVIRONMENTAL SERVICES/WATER & SEWER
Ms. Coto advised that Item 3.A.1., Amendment to Interlocal Agreement with UCF Wastewater Transmission Construction, has been withdrawn. She stated staff has met with UCF and they are interested in completing the entire project for a guaranteed maximum price. She said UCF’s general counsel has not completed the addendum review and they are requesting additional time to do that. Staff anticipates bringing this item back at the May 11, 1999 meeting.
Commissioner Morris requested staff to notify the Board in advance when an item is being withdrawn.
Bob Adolphe, Environmental Services Director, addressed the Board to state staff believed that this was moving forward. He stated he had suspicions that it was not going to be completed and he contacted them to discuss this issue with them. He said he discussed this issue with the County Manager this morning.
PURCHASING
Ms. Coto presented request to approve declaring surplus and competitively bid the sale of a 4.936 acre site located in Section 6, Township 20, South Range 30 East, Seminole County. Staff is recommending a minimum bid of $600,000. She stated Post Buckley determined that this was not a suitable site for a water treatment plant, therefore, staff would like to put the property out to bid. She added the funds will go into the water and sewer fund.
Upon inquiry by Commissioner McLain, Ms. Coto advised that Bullard and Associates did the appraisal in October. She stated the County Attorney’s appraiser, Robert Risner, looked at the appraisal and felt that it was a fair appraisal amount. Based on that, that is how staff established a minimum bid of $600,000.
Upon further inquiry by Commissioner McLain, Ms. Coto advised she believes that Parcel P is owned by Pizzuti and it is their intention to encompass that parcel in their DRI. She said she believes the existing use is suburban estates.
Commissioner Morris stated he has concerns about that parcel completely surrounding the Heathrow DRI. He stated he believes the Board needs full explanation of this transfer of property and he requests that the Board not deal with this issue today. He said he believes there is a variety of legal issues here. Discussion ensued.
Mr. McMillan recommended continuing this item until this afternoon’s session.
COMPREHENSIVE PLANNING
Michael Wood, Principal Planner, addressed the Board to present request to adopt Resolution instituting the Bicycle Advisory Board.
Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-65, as shown on page _________, instituting the Bicycle Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
DEVELOPMENT REVIEW
Gary Schindler, Principal Planner, addressed the Board to present request to approve plat waiver for Lot 5 of Seminole Crossings Subdivision; property located on the north side of SR 46, at its intersection with Rinehart Road, Commercial Net Lease Realty, Inc.
Commissioner Morris left the meeting at this time.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve plat waiver for Lot 5 of Seminole Crossings Subdivision; property located on the north side of SR 46, at its intersection with Rinehart Road, Commercial Net Lease Realty, Inc.
Districts 1, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS REPORTS
CLERK’S CONSENT AGENDA
Motion by Commissioner Maloy to authorize and approve the following:
Chairman Henley surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.
3. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Maria P. Abad, Case #98003168CFA - $100
Shane Bell, Case #97012500MM - $200
Rene Anthony Bonck, Case #97001072CFA - $350
Loria E.R. Boone, Case #98002322CJA - $100
Buster Brown Broomfield, Case #96003132CFB - $200
Jil Brown, Case #97002417CFA - $100
Bruce W. Burress, Case #862520CFA - $200
Keith Cain, Case #97002653CFA - $200
Steve Carozza, Case #97001102CFA - $100
Stephen Paul Ceynowa, Case #97004165CFA - $100
Carmen Chaparro, Case #98002208CJA - $75
Jason Cirillo, Case #98001237CFA - $100
Michael S. Clark, Case #98010923MM - $200
Randall J. Coates, Case #98008349MM - $500
Scott Conyers, Case #95002255CFA - $300
Federico Cortes, III, Case #98000892CFA - $200
Sandra Ines Cuestas, Case #97004527MM - $100
Lance Zhemal Cummings, Case #97000863MM - $200
Travis Davis, Case #97001588CFA - $40
Bernice L. Dingee, Case #98009690MM - $200
Richard Duarte, Case #98006299MM - $200
Keri Elizabeth Enterline, Case #97010100MM - $200
Tracy Lynn Eppright, Case #96000507MM - $200
James Lee Ferguson, Case #97011621MM - $200
Lillie Ferguson, Case #98000110MM - $200
Randall Dean Fielden, Case #97003972CFA - $350
Janet Riggs Flannagin, Case #98001124CFA - $200
Daniel Fonseca, Case #98012229MM - $200
Michelle Lee Fuller, Case #98002608CFA - $100
Frank Joseph Gardella, III, Case #98001966CFA - $100
Rudy Gonzalez, Case #96002979CFA - $100
Andrew Gordon, Jr., Case #98002258MM - $200
Edward J. Gove, Case #98009478MM - $200
Marshall Grafton, Case #97004137CFA - $200
Thomas S. Green, Case #96012685MM - $200
Clarence Eugene Hanson, Case #92000448CFB - $350
Toby Hanson, Case #89002611MM - $50
Jody Eric Hecht, Case #98002431CFA - $100
Michael M.H. Hubbard, Case #98002642CJA - $100
Dion Jackson, Case #93009188MM - $200
Phyllis Johnson, Case #98002654CJA - $100
Vaughn P.J. Juvera, Case #98002856CJA - $75
Anne Kane, Case #95000340CFA - $450
Lorraine C. Kaster, Case #98007707MM - $200
Christina Kenworthy, Case #98003525MM - $200
Michelle Lilly, Case #99000543MM - $100
Shawn Frances Machen, Case #97008723MM - $200
Janice Malone, Case #98005965MM - $200
Eric J. Mann, Case #98003507MM - $100
John M. McCauley, Case #97013333MM - $200
Bruce McKenzie, Case #98001994CJA - $150
Robert William Miller, Case #93003048CFA - $350
Luis A. Modesto, Case #93003155CFA - $250
David Thomas Monahan, Case #98001377CFB - $100
Daniel Franklin Nunley, Case #98001062MM - $200
Nathan Oshman, Case #98001244CFA - $100
Irma Padua, Case #98002123CFB - $100
David Paris, Case #98008943MM - $200
Freddie Perkins, Case #98009060MM - $200
Brenda Lee Porter, Case #95002489CFA - $350
Thelma Lee Posley, Case #92000333CFA - $150
Brandon Albert Pryor, Case #98000345CFA - $200
Jorge L. Quinones, Case #97003132MM - $200
Jack Radke, Case #94003395CFA - $500
George Clinton Roberts, Jr., Case #93004817MM - $200
Paul M. Rock, Case #97002956CFA - $350
Jason Matt Rohrer, Case #96004380MM - $200
Michael J. Roldan, Case #98005964MM - $200
Eric Benjamin Scott, Case #95000333CFA - $350
Ernest Shuler, Case #98004259MM - $200
Candance Smith, Case #97005185MM - $50
Michael Stapler, Case #97002170CFA - $350
Terrence W. Wall, Case #97008887MM - $200
John Ware, Case #93000014CFA - $450
Anne White, Case #98000049CFB - $100
Benjamin Willis, Case #8901209CFA - $350
Benjamin Paul Willis, Jr., Case #96009236MM - $100
Districts 1, 3, 4 and 5 voted AYE.
II. ITEMS FOR CONSIDERATION FROM COUNTY COMMISSION RECORDS OFFICE
Request approval of Official Minutes dated March 23, 1999.
ACTION REQUESTED: Motion approving same.
B. RECEIVED AND FILED - For Information Only.
SHERIFF’S CONSENT AGENDA
Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt Budget Amendment Resolution #99-R-60, as shown on page _________, $23,734, Sheriff’s Office; Fund 00100 – General Fund, increasing General Fund revenues and expenses to be paid by the Seminole County School Board pertaining to the EXCEL Alternatives Program operated by the Sheriff’s Office at the Juvenile Enforcement Center.
Districts 1, 3, 4 and 5 voted AYE.
SHERIFF’S REGULAR AGENDA
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Budget Amendment Resolution #99-R-61, as shown on page _________, $19,969, Sheriff’s Office: Fund 00100 – General Fund, increasing General Fund revenues and expenses to be paid by the federally-funded High Intensity Drug Trafficking Area (HIDTA) program to provide for the hiring of a financial position by the Sheriff’s Office to support the HIDTA effort.
Districts 1, 3, 4 and 5 voted AYE.
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The meeting was recessed at 11:35 a.m., reconvening at 1:35 p.m., this same date with all Officials (Commissioner Morris entering late), with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, that were present at the Opening Session.
AWARDS/PRESENTATIONS
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-59, as shown on page _______, proclaiming the week of April 26 - May 2, 1999 as "Law Week" and May 1, 1999 as "Law Day" in Seminole County.
Districts 1, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Judge Freeman, Judge Stephenson, and Bobbi Bollington, Executive Director of the Bar.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
HEATHROW TOWN CENTER DEVELOPMENT
DRI, COLONIAL LTD. REALTY PARTNERSHIP
Continuation of a public hearing to consider the Heathrow Town Center Development of Regional Impact (DRI) Notice of Proposed Change for property located at the northwest corner of Interstate 4 and CR 46A, as described in the proof of publication, Colonial Limited Realty Partnership.
Principal Planner, Matt West, addressed the Board to give a brief history of the DRI, advising the Department of Community Affairs (DCA) is objecting and will have written comments to him tomorrow. He added that staff hopes to have everything worked out by May 5 and would request his item be continued until May 11, 1999.
Commissioner Morris entered the meeting at this time.
Attorney Ken Wright, representing the developer, addressed the Board to state DCA has some questions and he will be meeting with them in order to resolve those. He added that he is in agreement with the continuance.
No one else spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Morris to continue until May 11, 1999 at 1:30 p.m., or as soon thereafter as possible, consideration of the Heathrow Town Center Development of Regional Impact (DRI) Notice of Proposed Change for property located at the northwest corner of Interstate 4 and CR 46A, as described in the proof of publication, Colonial Limited Realty Partnership.
Districts 1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOA,
J.A. JURGENS, P.A.
Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal against the Board of Adjustment in approving for H.M. Lerch the following: (1) Lot size variance from 43,560 square feet to 16,811.99 square feet; (2) Variance for width at building line from 150 feet to 140.19 feet; and (3) Front yard setback variance from 50 feet to 35 feet for three contiguous lots located on the south side of Peace Valley Way, approximately 1/4 mile east of Miami Springs Road and 450 feet north of Wekiva Springs Road, J.A. Jurgens, P.A., appellant and abutting property owner, received and filed.
Zoning Coordinator, Ginny Markley, addressed the Board to present the appeal, stating Mr. Jurgens is appealing on the grounds that the variances granted did not meet the criteria for granting variances stipulated in the Seminole County Land Development Code, the property owner did not demonstrate compliance with stormwater restrictions, landscape buffering requirements, access road requirements and protection of natural resources. She advised that the standards for granting a variance are listed in the Agenda Memorandum (received & filed).
Ms. Markley advised that based on staff analysis, prior to all public hearings, staff recommends the following:
Ms. Markley further advised staff recommends that the decision of the Board of Adjustment be overturned in part and instead the following to occur: (1) Grant a lot size variance to allow six lots to be divided into two lots of equal size (25,293.59 square feet each); (2) Grant a front yard setback variance from 50 feet to 35 feet; (3) Deny a lot width variance from 150 feet to 140.19 feet (the lot width variance would not be necessary for two lots); and (4) Accept the Applicant's Commitment to maintain a 35 foot rear yard setback in lieu of a 30 foot setback required by Code.
At the request of Commissioner Van Der Weide, County Attorney, Robert McMillan, explained that currently there are only two lots and the issue is whether or not to grant a variance on them to make them buildable. He said the proposal to turn this property into three lots cannot be done through the variance process. He added in order to get three lots, the applicant would be required to subdivide and would have to meet the minimum requirements of the Subdivision Regulations. He said there is no way to do a subdivision and get those three lots through the variance mechanism.
Attorney J.A. Jurgens, 200 Cove Lake, appellant and abutting property owner, addressed the Board to submit a copy of Outline for Commission Hearing (received & filed), stating since the staff has reviewed the history of the property, the issue of the two homes is more acceptable than three homes. He said he is not opposed to the request of the applicant but only the request as to buffering. He pointed out that the applicant spent $16,500 to acquire the property. He submitted Exhibits 1, 2 and 3, Assessed Values for the Sweetwater area, and advised the average land use value is $41,172. He said Mr. Lerch got a great price on the property and he questions the hardship because he could build one house on the property with the current setbacks.
Mr. Jurgens stated the property owner agreed with the Board of Adjustment to a 35-foot setback and staff has recommended this. He said the adjacent property owners are requesting that a recorded conservation easement be done for this buffer area. A copy of the Minutes and By-Laws of the meeting of the Sweetwater Oaks Homeowner's Association, Inc. (Exhibit V) was received and filed. He stated that due to the topography of the area, the subject property is significantly lower than his property and the privacy fence on his lot will not provide any visual buffering to the applicant's houses. He displayed photographs (Exhibit VI received & filed) of the back of his house and privacy fence. He also stated that he believes a buffer is necessary because there are a number of endangered species in the area. He reiterated that Mr. Lerch purchased the property at a substantial discount and believes the proposal of two houses with the buffer and conservation easement is a good compromise. He added that they would be willing to pay for the surveying cost and recording of the conservation easement and would be willing to plant additional trees. He displayed photography (received & filed) of the additional parking for the Sweetwater Baptist Church, stating not one of the trees in that area was saved. Discussion ensued.
H.M. Lerch, 107 Habersham Drive, owner of property in question, addressed the Board to state he concurs with several of the staff recommendations, but would like the Board to hear why he requested the variances for the three lots. He submitted for the Record a copy of the survey of the Sweetwater Springs PUD. He said the three lots would fit in nicely between the single family lots to the east and west and the homes along the access road. He displayed photographs (received & filed) of the area rental homes. He said without the requested variances, he would be forced to overbuild the street. He, therefore, requested the Board to grant the variances for the three lots.
Mr. McMillan clarified with Mr. Lerch that what he has now is two existing lots which neither can be built upon. He said there is no way to get three lots out of the property through the variance process. Discussion ensued.
District Commissioner Van Der Weide suggested that due to the fact that the situation has completely changed since the Board of Adjustment meeting, the Board take a five-minute break so that Mr. Lerch can discuss this with his people.
The Board, thereupon, recessed at 2:30 p.m., reconvening at 2:40 p.m. with all Commissioners present.
Mr. Lerch advised he is tired of all the discussion so he will go with the entire staff recommendation, which is a variance for two lots and a 35-foot setback in lieu of a 30 foot setback.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to grant the appeal, thereby, overturning the Board of Adjustment, in part, by granting lot size variances to create two buildable lots (25,293.59 square feet each); granting a front yard setback variance from 50 feet to 35 feet; and accepting Mr. Lerch's commitment to maintain a 35 foot rear yard setback for each lot in lieu of a 30 foot setback required by Code, for property described as located on the south side of Peace Valley Way, approximately 1/4 mile east of Miami Springs Road and 450 feet north of Wekiva Springs Road, as described in the proof of publication, J.A. Jurgens, P.A.
Under discussion and upon inquiry by Commissioner Morris, Commissioner Van Der Weide stated the motion includes denying a lot width variance from 150 feet to 140.19 feet.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF MID-YEAR
BUDGET AMENDMENT FOR VARIOUS FUNDS
Proof of publication, as shown on page _______, calling for a public hearing to consider Mid-Year Budget Amendment Request in the amount of $33,020,667 for various funds, recognizing 1998/99 actual beginning fund balances and adjust reserves, operating, and capital expenditure budgets accordingly, received and filed.
Fiscal Services Director, Cindy Hall, addressed the Board to briefly discuss the request.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-63, as shown on page ________, Mid-Year Budget Amendment Request in the amount of $33,020,667 for various funds, recognizing 1998/99 actual beginning fund balances and adjust reserves, operating, and capital expenditure budgets accordingly, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF LAND
EXCHANGE, PAUL & JOAN MUSANTE
Proof of publication, as shown on page _______, calling for a public hearing to consider exchange of property necessary for roadway improvements to McCulloch Road (a/k/a County Line Road) with Paul & Joan Musante, received and filed.
County Engineer, Jerry McCollum, addressed the Board to advise the Musantes have agreed to swap their portion of McCulloch Road for an easement on their property. This will enable the road to be paved.
No one spoke in support or in opposition.
District Commissioner Maloy suggested sending the Musantes a letter expressing the County's appreciation for the swap.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-64, as shown on page _______, accepting Warranty Deed, as shown on page _______, from Paul & Joan Musante to Seminole County; and authorizing the Chairman to execute a County Deed, as shown on page _______, from Seminole County to Paul & Joan Musante, for the exchange of property necessary for roadway improvements to McCulloch Road (a/k/a County Line Road), as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER'S CONSENT AGENDA, CONTINUED
PLANNING & DEVELOPMENT/COMPREHENSIVE PLANNING
Commissioner Maloy stated he feels comfortable in approving the LYNX Intergovernmental Agreement with the new information (received & filed) provided to him.
Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize the Chairman to execute Intergovernmental Agreement, as shown on page ______, for the purchase of buses using the County's One Cent Infrastructure Sales Surtax Funds as agreed upon during the FY 1998/99 budget process.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER'S REGULAR AGENDA, CONTINUED
FISCAL SERVICES/PURCHASING
Motion by Commissioner Morris, seconded by Commissioner McLain to continue until the next available meeting consideration of request to declare surplus and competitively bid the sale of a 4.936 acre site located in Section 6, Township 20, South Range 30 East, Seminole County.
Under discussion, Commissioner Morris stated he believes this item needs additional consideration by the Board and staff as to the valuation of the property.
Commissioner McLain stated the County's trail will be running through this area and questioned if the staff can work out something that is beneficial to the County's park amenities.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN'S REPORT
The Chairman briefly discussed the update of the Title Loan Legislation, stating he believes the Board should direct the County Attorney to move forward with development of an ordinance in order to protect the citizens of Seminole County. Copy of the Tallahassee Democrat was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Morris to direct the County Attorney to move forward with an ordinance on title loans with a maximum of 30%.
Under discussion, Commissioner Van Der Weide stated he would like to expand that direction to include check cashing and a work session relative to pawn shop charges.
Commissioners McLain and Morris agreed to include Commissioner Van Der Weide's request in the motion.
Commissioner Van Der Weide also stated he would like the Chairman and staff to look into a regional, cooperative effort (consisting of the abutting counties) with regard to this ordinance.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman discussed Seminole Government TV, advising at the present time the County has a 24-hour station and is only using four hours. He said he would like staff to look at this and determine where the County is and where they would like to be in five years. He suggested the Board direct the Acting County Manager to set up a committee to give the Board recommendations.
Commissioner Morris concurred with the Chairman, stating he believes a work session should be held prior to Budget in order to see what is necessary.
The Board, by unanimous consensus, directed the Acting County Manager to review the operation of SGTV and to establish a committee to review the operation and to give the Board input and recommendations; and to schedule a work session regarding same prior to the budget hearings.
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The Chairman briefly reported on the trip to New York relative to the Seminole County's bond rating and commended staff for an excellent presentation.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
DISTRICT COMMISSIONERS' REPORTS
Commissioner Morris advised he attended the National Crime Victims Week "Silent No More" luncheon held today.
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Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint Greg Stubbs (4-year term to expire 01/01/03) and Brian Overby (rotating appointment to expire 01/01/01) to the Seminole County Industrial Development Authority (SCIDA).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Van Der Weide discussed request from the Fox Wood Homeowners Association concerning repairing broken sidewalks along Hunt Club Boulevard and Sand Lake. He said he hopes this issue is addressed during the May 18, 1999 work session on sidewalks as this would set a precedence for all sidewalks.
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Commissioner Maloy advised of complaints with regard to the equestrian trail along the Cross Seminole Trail. He reminded the Board that they agreed to put the equestrian trail along the south side due to complaints from the residents on the north. However, since then, the residents on the south have voiced the same complaints.
Commissioner McLain stated this is a decision the Board made in September of last year and now it is almost May and it is still being discussed. He suggested scheduling a work session within the next 30 days with all parties involved.
Motion by Commissioner Maloy, seconded by Commissioner Morris to direct staff to take no action on the trail until a work session is scheduled with all parties to be contacted, and until an additional assessment is done on the erosion on the south side.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Maloy stated he would like to reactivate the Program Review Committee (PRC) so that they can develop guidelines for privatization. Discussion ensued.
Commissioner McLain stated maybe the Board should hear from the PRC Chairman on this issue. Commissioner Morris also suggested speaking with the Chairman and then bringing this back for Board consideration. He added that he has no objections to reactivating the committee.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to reactivate the Program Review Committee with the task of developing guidelines for marketization; and to direct the Acting County Manager to contact the Committee to see if they are interested and to report back to the Board within 45 days on a scope of work.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMITTEE REPORTS
Chairman Henley distributed a copy of the Metroplan Board Meeting Highlights (received & filed) dated April 14, 1999.
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Commissioner Morris advised that the ECFRPC appointed him Treasurer.
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Commissioner Maloy reported that during the LYNX meeting, it seemed that the City of Orlando and Orange County are working out the light rail issue.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:45 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
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