BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

APRIL 28, 1998

 

 

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:00 a.m. on Tuesday, April 28, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy District 1)(late)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Eva Roach

 

Absent: Commissioner Dick Van Der Weide (District 3)

 

COUNTY MANAGER’S BRIEFING

Cindy Manoni, OMB Director, addressed the Board to advise back in November, 1997, the Board authorized staff to hire Public Management Group to develop a Business Performance Report. She stated Public Management Group has worked with County staff to design performance and cost measures in analyzing the budget. She introduced Dr. Peter Colby and Susan Colby.

Susan Colby addressed the Board to advise she and Dr. Colby are here today to give the Board a status report of how the work is going. She submitted a progress report (received and filed) of the Business Performance Report Project.

Dr. Peter Colby addressed the Board to advise the purpose of the project is to develop performance reporting system, operational performance reports as well as financial reports. He stated he has been working with the Management Team and staff in defining what they are about, what are the business strategies,

putting a data collection system in place, and formatting an ultimate designing report.

Commissioner Maloy entered the meeting at this time.

Mr. Colby continued by reviewing the focus on business principles, building performance-based culture and supporting management teamwork. He referred to the project timeline as outlined on page 3 of the progress report and advised the timeline gives the Board an idea of where they are and where they hope to be. He reviewed the project status as outlined on page 4 of the report and the project results outlined on page 5 relative to quarterly reports, performance data forms and framework for future goals. He stated there are two things that everyone is concerned with and that is more useful cost data for budget process and integration with employee performance.

Chairman Morris stated through this process he would like to know where the departments are succeeding and failing.

Dr. Colby advised that is the benchmark idea and one of the things they are asking the divisions to do, as part of this process, is to identify benchmarks that can be used to interpret their performance. He stated there is nothing they can compare to until they start reporting measures.

Commissioner Adams stated he would like to see results but at a reasonable cost.

Mr. Colby stated this system will give the County a better idea of the scope of the program and what they are getting from the program.

Gary Kaiser, County Manager, left the meeting at this time.

COUNTY ATTORNEY’S BRIEFING

Lonnie Groot, Deputy County Attorney, addressed the Board to advise Vivian Zaricki, Executive Director of Florida Association of Counties (FAC), and John Manning, President of FAC, will be attending the 1:30 p.m. meeting to discuss Article V Constitutional Amendment as they are in Orange County at the present time. The Board briefly discussed the Constitutional Amendment with Mr. Groot.

Mr. Kaiser reentered the meeting at this time.

Upon inquiry by Chairman Morris, the Board indicated that they do not wish to discuss this issue at the meeting this afternoon. Whereupon, Chairman Morris informed Mr. Groot to contact Mr. Manning and advise him that with deepest regret it will not be necessary for him to come to the meeting this afternoon to discuss this issue. Chairman Morris stated he would like to defer this issue until May after the CRC meets to see if this item will be cleaned up.

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Mr. Kaiser introduced former Commissioner Greg Drummond.

COUNTY MANAGER’S REPORT

CONSENT AGENDA

Chairman Morris informed the Board of an Add-on, Item #31, Budget Change Request #98/82, $8,500.

Mr. Kaiser advised that Item #17, Amendment #4 to PS-332-95, has been withdrawn; and Item #25, BCR #98/76, $2,000,000, has been pulled from the agenda.

Chairman Morris stated he would like to meet with Mr. Kaiser and Cindy Manoni relative to Lake Emma Road, Phase I and Phase II.

Upon inquiry by Chairman Morris, Mr. Kaiser advised that staff needs to gather additional background information on Item #25.

Commissioner Maloy stated it is his understanding that by the bids submitted by private industries, the paving and improvements of the Osceola landfill building will be handled by a private entity. He stated he would like to do a further study on this. Discussion ensued.

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

Warren Wagner, Environmental Services Director, addressed the Board to state staff can look at the number as it is based on estimates.

Commissioner Adams stated when right-of-way is donated (Item #11), the Statute requires that the taxes be canceled and he would like to know the impact on that. He stated he would also like to know the status on the GIS system (Item #19).

Upon inquiry by Chairman Morris, Commissioner Adams advised he would like a work session scheduled to discuss the GIS system.

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The Board recessed the meeting at 9:45 a.m., reconvening at 9:54 a.m. with Commissioner McLain being late.

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

County Manager

  1. Approve and authorize Chairman to execute Agreement, as shown on page _________, for Sale and Purchase between Seminole County and Barry James Walker, Sr. and Barry James Walker, Jr. for a tract of land approximately 15.449 acres in size, in the amount of $494,600.
  2.  

    Tourism Development

  3. Approve and authorize Chairman to execute Agreement, as shown on page _________, between the Orlando Area Sports Commission, Inc. d/b/a Central Florida Sports Authority and Seminole County to extend completion date of the annual audit to May 31, 1998.
  4. Approve and authorize Chairman to execute Agreements, as shown on page __________, between Seminole County and Orlando Area Sports Commission, Inc. d/b/a Central Florida Sports Authority for the 1998 US Water Polo Junior Olympics Bid ($5,000) and for the 1998 US Water Polo Junior Olympics Championship ($2,500); and Agreement, as shown on page _________, between Seminole County and Lake Brantley High School Athletic Boosters, Inc. for the 1998 US Water Polo Junior Olympics Operational Fund ($12,500).

 

Public Works

Engineering

  1. Approve and authorize Chairman to execute appropriate Resolution #98-R-84 and County Deed, as shown on page _________, (Seminole County to Florida Department of Transportation) conveying property (FDOT Parcel No. 100.1) necessary to construct or improve SR 436. District 3
  2.  

    Traffic Engineering

  3. Adopt appropriate Resolution #98-R-85, as shown on page _________, increasing the speed limit from 35 mph to 40 mph on East Lake Mary Boulevard between CR 427-Sanford Avenue and Ohio Avenue (l.3 miles total). District 5
  4. Approve and authorize Chairman to execute Hold Harmless Agreement, as shown on page _________, between Margret Bowers and Seminole County for a block party to be held on Highland Court, Saturday, May 2, 1998 from 5:00 p.m. to midnight; grant waiver of insurance requirements for said block party. District 5

 

Environmental Services

Solid Waste

  1. Approve and authorize Chairman to execute 2nd Quarter FY 1997/98 Recycling and Education Grant, as shown on page _________, for reimbursement in an amount not to exceed $100,744.
  2. Approve and authorize Chairman to execute 2nd Quarter FY 1997/98 Litter Marine Debris Grant, as shown on page _________, for reimbursement in an amount not to exceed $19,165.
  3. Approve and authorize Chairman to execute 2nd Quarter FY 1997/98 Waste Tire Grant, as shown on page _________, for reimbursement in an amount not to exceed $189,899.

 

Public Safety

Emergency Management

  1. Approve and authorize Chairman to execute Hazardous Materials Planning Agreement, as shown on page _________, with the State.
  2.  

    Planning & Development

    Development Review

  3. Adopt appropriate Resolution #98-R-86, as shown on page _________, accepting 15’ of right-of-way on Tuskawilla Road from D.R. Horton, Inc., and cancel property taxes on said land. District 1
  4.  

    Comprehensive Planning

  5. Approve and authorize the Chairman to execute Third Amendment, as shown on page _________, to the Subrecipient Agreement with the Greater Seminole County Chamber of Commerce, Inc., to provide additional funding for down payment assistance.
  6. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page __________, with the City of Sanford to complete housing reconstruction activities for the County.

 

Community Services

Community Assistance

  1. Approve Substance Abuse Trust Fund application for Prosecution Alternatives for Youth in the amount of $10,000; and authorize OMB to move the funds within the Alcohol/Drug Abuse Trust Fund into the correct account line.
  2.  

    Office of Management & Budget

    Purchasing

    Formal Contracts

  3. Approve Change Order #5, as shown on page _________, to FC-102-97/BJC, Winwood Park Community Center, with Great Southern Construction, Inc., Winter Park (time extension).
  4.  

    Professional Services

  5. Approve M-56-98/BJC, as shown on page _________, Engineering Services Agreement for Utility Relocation of SR 434, Phase II, with Blount Sikes & Associates, Orlando ($122,552.59).
  6. Withdrawal of Amendment #4 to PS-332-95/BJC, Engineering Services for Lake Emma Road (Longwood Hills Road to Sand Pond Road), with Bowyer-Singleton and Associates, Inc., Orlando ($79,765).
  7. Approve Work Order #4, as shown on page _________, to PS-154, Engineering Services for Minor Roadway Design and Drainage Agreement, with WBQ Design & Engineering, Inc., Orlando ($61,042.59).

 

Request for Proposal

  1. Approve Work Order #10, as shown on page _________, to RFP-205-95/BJC, GIS Consulting Services for Water and Sewer Data Preparation and Conversion for the Greenwood Service Area, with Woolpert Consultants, Dayton, Ohio ($67,970).
  2. Approve Amendment #1, as shown on page __________, to RFP-417-97/BJC, Solid Waste Generation Study Consultant Agreement, with SCS Engineers, Tampa ($9,440.00).

 

Other

  1. Approve Joint Utilization of the City of Stuart Fire Pumper Truck Bid #96-16, for three (3) fire engines, with a multiple order discount, prepayment discount for payment of the chassis and a trade-in allowance for three (3) fire engines from Pierce Manufacturing, Inc., Appleton, Wisconsin ($689,952).
  2.  

    Information Only

  3. Reporting the issuance of a Change Order to Emergency Purchase Order #98001971, with KPGM-Peat Marwick, Inc., Oakland, California ($25,000 Change Order, total P.O. is $33,900).
  4.  

    Budget

  5. BCR #98/66 ($79,766), Public Works/Engineering Fund 11500/12601, Infrastructure Sales Tax/Arterial Impact Fee; accounting change for design and construction services for the Oak Forest Subdivision wall in the Tuskawilla Road Phase III and IV project.
  6. BCR #98/75 ($5,923), Public Works/Roads Fund 10101, County Transportation Fund; to transfer funds from capital savings to purchase dump trucks which have a purchase price greater than budgeted funds available.
  7. Withdrawal of BCR #98/76 ($2,000,000), Environmental Services/Solid Waste Fund 40210, Solid Waste Fund; replacement of Administration/Maintenance Building at the Osceola Landfill (new facility will include staff offices, inventory storage, and a vehicle maintenance area).
  8. Budget Amendment Resolution #98-R-87, as shown on page _________, ($3,000), Office of Management & Budget Fund 00100, General Fund; to account for an unanticipated donation of $3,000 from The Allstate Foundation (funds donated to purchase patrol bicycles for District 3 Service Center).
  9. Budget Amendment Resolution #98-R-88, as shown on page __________, ($100,000), Office of Management & Budget Fund 00100, General Fund; to account for additional revenue received from the State Department of Transportation for the Seminole Wekiva Trail project in the amount of $100,000.
  10. Budget Amendment Resolution #98-R-89, as shown on page _________, ($24,127), Office of Management & Budget Fund 00100, General Fund; to account for funds allocated by the State to enhance hazardous materials emergency preparedness and response capabilities. Amendment is contingent upon approval of corresponding Public Safety Item #9.
  11. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Eleanor L. and Ronald S. Dowd for the Myrtle Lake Hills Road Paving and Drainage MSBU. District 2
  12. Approve and authorize Chairman to execute Disaster Relief Funding Agreement, as shown on page __________, with the State of Florida, Department of Community Affairs, which names Seminole County as a subgrantee for FEMA reimbursements; and approve Cindy Manoni, OMB Director, as designated agent to execute necessary documents.

31. BCR #98/82 ($8,500), Public Works - Stormwater, Fund 13000, Stormwater Fund; transfer funds to appropriate account lines for telecommunications equipment associated with renovations of leased office space at Reflections.

 

Districts 1, 2, 4 and 5 voted AYE.

 

COUNTY ATTORNEY CONSENT AGENDA

Mr. McMillan informed the Board of an Add-on, Item #7, Authorization to proceed relative to State of Florida v. Joseph Robert Spaziano.

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

Litigation

  1. Seminole County v. Lagatta, et al. – Approve proposed settlement in the amount of $15,771.44, inclusive of land value, attorney fees and costs, relating to Parcel No. 193 (Harold G. Hartsock, Trustee, Seminole Farms Trust IV, owner).
  2. Seminole County v. Hayman, et al. – Approve proposed settlement in the amount of $54,837, inclusive of attorney fees and costs, relating to Parcel No. 105 located at 922 Oklahoma Street, Oviedo, County Road 426 (curves) road improvement project (Charles H. Cox, owner).
  3.  

    Property Acquisition

  4. Approve Purchase Agreement, as shown on page _________, in the amount of $16,560 inclusive of land value, temporary construction easement value and severance damage, relating to Parcel Nos. 136/736, 113 W. Chapman Road, Oviedo, Chapman Road improvement project (Irvine E. and Billie Jo Cowan, owners).
  5. Approve Purchase Agreement, as shown on page ________, in the amount of $1,550, relating to Parcel No. 118.2, parcel fronting on both Old Chuluota Road and Washington Street, Chuluota Bypass road improvement project (Visual Arts Productions, Inc., owner).
  6. Adopt appropriate Resolution #98-R-90, as shown on page __________, approving Petition by City of Altamonte Springs for conveyance of the remainder of Parcel No. 111 (County Road 427, Phase I (former Linc Inn Lounge site); approve and authorize Chairman to execute Interlocal Agreement, Interlocal Transfer and Acknowledgment of Interlocal Transfer, as shown on page __________, relating to Adams Street with the City of Altamonte Springs.

6. Approve Purchase Agreement, as shown on page __________, in the amount of $113,650, relating to Parcel No. 107 located at 3441 Country Club Road, Sanford, County Road 46A Phase III road improvement project (Jeanne H. Doelle, owner).

7. Authorization to appeal to the Fifth District Court of Appeal the Order Granting Defendant’s Motion to Compel Compliance by Seminole County re: State of Florida v. Joseph Robert Spaziano.

 

Districts 1, 2, 4 and 5 voted AYE.

DEPARTMENTAL REPORTS

COMPREHENSIVE PLANNING

Huey Davis, Housing Specialist, and Buddy Balagia, Principal Planner, addressed the Board to request approval of the new three year Affordable Housing Assistance Plan (AHAP) and Resolution. Ms. Davis reviewed the following strategies in which the AHAP allocates funding: Home Ownership (down payment) Assistance; Housing Rehabilitation/Reconstruction; Emergency Repair; Rental Housing Construction; Housing for Developmentally Disabled Persons; Housing Counseling (Ownership/Maintenance); and Disaster Recovery (if needed). She advised that the AHAP must be submitted by May 2, 1998 for continued funding.

Former Commissioner Greg Drummond addressed the Board to state he is glad that the Board is now including the priority and the disadvantaged. He stated he would like to commend the Board for recommending this program.

Commissioner Adams stated page 4 refers to these developments being located near existing mass transit facilities and schools and he wants to make sure staff takes that into consideration.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the new three-year AHAP; and adopt appropriate Resolution #98-R-83, as shown on page ________, relative to said plan.

Districts 1, 2, 4 and 5 voted AYE.

OMB

Cindy Manoni, OMB Director, and Gary Akers, Financial Advisor, addressed the Board to present request to select three firms and award RFP-436-98/BJC, Investment Banking Services, for a period of three (3) years. Mr. Akers stated the Board needs to select one firm to serve as Senior Manager for refunding 1996 Sales Tax Revenue Bond; and one firm to serve as Senior Manager for Water and Sewer Utility Bond.

Upon inquiry by Chairman Morris, Mr. Akers advised that there will not be a contract, but negotiations will take place at the time the bonds are sold.

Chairman Morris stated he particularly likes the three-year period, but he would like to have a one-year extension.

Ms. Manoni submitted a list of the firms for the Board to select. After receiving each Board members selection, Mr. McMillan advised the Board has selected 4 for First Union Capital Markets, 4 for Smith Barney, 2 for William R. Hough & Co. and 2 for Raymond James & Associates.

Upon inquiry by the Board, Mr. Akers reviewed the reputation and experience, and personnel change of the firms.

Commissioner McLain stated based on the comments he has heard, he feels comfortable going with Raymond James & Associate.

Commissioner Maloy stated he would probably go with A.G. Edwards & Sons, Inc. Discussion ensued relative to the sales tax refunding and book manager.

Mr. Akers stated he will make sure that the Board receives a distribution.

Motion by Commissioner Adams, seconded by Commissioner McLain to select Smith Barney as Senior Manager for Water and Sewer Utility Bond.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Adams, seconded by Commissioner Maloy to select First Union Capital Markets for refunding 1996 Sales Tax Revenue Bond.

Districts 1, 2, 4 and 5 voted AYE.

Chairman Morris stated the third firm, Raymond James & Associates, should be included in that.

Motion by Commissioner Adams, seconded by Commissioner Maloy to approve a three-year Contract, as shown on page _________, with two one-year renewals.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner McLain stated if the firms do any marketing showing Seminole County as the top county they represent, he would like to see a copy of that.

CLERK’S CONSENT AGENDA

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

1. Expenditure Approval Lists, as shown on page ________, dated April 7 and 14, 1998; Payroll Approval List, as shown on page _________, dated April 16, 1998.

 

2. Satisfactions of Judgment/Court Costs.

 

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. Clerk’s Investment Report for March 1998, as shown on page _________.

 

2. Local Law Enforcement Block Grants Program, as shown on page ________, (Sheriff’ Office) as approved by the BCC on July 22, 1997.

 

3. Work Order #8, as shown on page _________, to PS-368, Florida Planning Group, Inc.

 

4. Work Order #11, as shown on page _________, to PS-301, Law Engineering, Inc.

 

5. First Amendment, as shown on page _________, to Work Order #11 to PS-134, Michael Design Associates, Inc.

 

6. Bill of Sale, as shown on page _________, for Burlington Oaks, Heathrow Land Co.

 

7. Customer Agreement, as shown on page _________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery & Spray Easement with Northpoint Limited Partnership #1.

 

8. Customer Agreement, as shown on page _________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Crescent Resources, Inc. for Building Three.

 

9. Customer Agreement, as shown on page _________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Crescent Resources, Inc. for Building Two.

 

10. Customer Agreement, as shown on page _________, for Reclaimed Water Rates with Florida Power Corp.

 

11. Utility Agreement, as shown on page _________, for Sewer Service with Florida Power Corp.

 

12. Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service for Winn Dixie, Inc.

 

13. Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service for Park Place Orlando, Ltd.

 

14. Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service for Casselberry Alliance Corp.

 

15. Appraisal Services Agreement M-55-98, as shown on page _________, for Buck Lake Emergency Outfall System with Rex-McGill, Inc.

 

16. Amendment, as shown on page _________, to Courier Services Agreement for Library & Leisure Services Department (RFP-400) with Coastal Courier, Inc.

 

17. Amendment #1, as shown on page _________, to Schedule #1 to Master Lease Agreement with MLC Group, Inc.

 

18. Medical Director Agreement (RFP-432-98), as shown on page _________, with Ronald Brown, M.D.

 

19. Instruments and Documents, as shown on page __________, with regard to the I-4/46A Interchange Road Improvement Project.

 

20. Letter of Credit #P100385, as shown on page _________, in the amount of $50,194.25 for Aloma Woods Phase V.

 

21. Work Order #18, as shown on page _________, to PS-364, Nodarse & Associates, Inc.

 

22. Change Orders 1, 2, 3, and 4, as shown on page __________, to FC-102-97, Winwood Park Community Center.

 

23. Construction Contract Agreement PRC-137-98, as shown on page __________, Central Florida Environmental.

 

24. Bids as follows: FC-135-98/BJC, RFP-436-98-BJC, AB/324-98/GG, FC-133-98/BJC, and PS-514-98/BJC.

 

OTHER CONSTITUTIONAL OFFICERS REPORT

No Report.

OFFICIAL MINUTES

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Official Minutes dated April 14, 1998.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner McLain stated unless there is an extreme need for him to be in attendance tonight, he will not be attending as he has some pressing business that needs his attention.

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Commissioner Maloy advised the Board that Commissioner Van Der Weide’s aide informed him that he has an injured foot.

AGENDA REVIEW OF PUBLIC HEARINGS

7:00 P.M. PUBLIC HEARING

Upon inquiry by Chairman Morris, Mr. McMillan stated he heard that staff may be meeting with the owner this morning relative to Item III.A., Appeal against the Board of Adjustment (BOA), Lenard J. Persin. He stated the issue here is the tower is not an accessory residential use. The County has a new code that addresses this in a different fashion.

Chairman Morris stated he is not sure where they are headed and what this means, and he would like to know all of the ramifications. He stated he would like to know if this is a correct appeal or a wrong appeal on a wrong situation, and should the Board be acting on this or something else. He asked if something can be worked out before the 1:30 p.m. hearings as all Board members may not have to attend tonight’s meeting.

1:30 P.M. PUBLIC HEARINGS

Mr. Kaiser informed the Board that Item F.1., Condemnation, Joseph A. Garrison, has been withdrawn, as the owner could not be served.

Commissioner McLain stated that the building was burned and stands out and he would like to move as quickly as possible in getting this item back on the agenda.

Mr. Kaiser advised that this item will be advertised. A copy of the notice for hearing was received and filed.

 

CHAIRMAN’S REPORT

Chairman Morris stated this afternoon he will briefly report on the issue of broadcasting the BCC meetings, and will discuss the County joining Metra. He stated since they are having continued success with starting the meetings at 9:00 a.m., he would like the Board to consider moving the 1:30 p.m. hearings to 1:00 p.m. Further, he asked the Board to think about the day time/night time public hearing process.

COUNTY MANAGER’S REPORT (Continued)

Mr. Kaiser stated the City of Sanford is requesting that the County participate in the July 4 celebration again this year.

Commissioner Maloy stated he would recommend designating the lakefront as a County function.

Commissioner McLain stated he feels making the 4th of July celebration an official County function is a good idea. He stated since this is the County Seat, the County needs to participate in this celebration.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve funding in the amount of $5,000 and making 4th of July celebration and here as an official County event.

Districts 1, 2, 4 and 5 voted AYE.

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Mr. Kaiser stated the Support Services Division has been working with the Fire Rescue Division in coordinating fire and rescue training to teach families what to do in case there is a fire. He stated arrangements have been made on May 5 to burn a house slated for demolition at Old Lake Mary Road and 25th Street and families will be able to participate. He said the Board members are more than welcome to attend and experience what it is like.

Chairman Morris stated he has no desire to enter a burning building.

Commissioner McLain stated he may participate.

Cindy Coto, Deputy County Manager, addressed the Board to advise the Cross Seminole Trail Day is scheduled the same day.

Mr. Kaiser advised this function is being requested by the news media.

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Commissioner McLain stated he would like to inform the Board that National Transit Week is scheduled for May 11-15 and he feels the Board should participate in that. He said staff will be requesting action from the Board to support this at the next meeting. He added a public opening of the trail is scheduled for May 16 and he would also like that bus service be provided from one end of the trail to the other. He said he will be requesting Lynx to participate in this event, if there are no objections.

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Mr. Kaiser informed the Board that there were numerous volunteers from County staff, Boy Scouts and kids at the trail tree planting this past weekend and they are requesting volunteers for this weekend also.

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The Board recessed at 10:45 a.m., reconvening at 1:35 p.m., with all Commissioners (including Commissioner Van Der Weide) and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy Wall.

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The Invocation was given by Rev. Bruce Scott, First Presbyterian Church, Sanford.

County Manager, Gary Kaiser, led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-80, as shown on page _________, commending Marie Harris, Executive Assistant, Board of County Commissioners, for thirty years of service to Seminole County residents, of which twenty-one years have been with Seminole County Government.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Adams presented the Resolution to Mrs. Harris, who expressed her appreciation.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-81, as shown on page _________, proclaiming the month of May, 1998 as "National Tennis Month".

Districts 1, 2, 3, 4 and 5 voted AYE.

The Resolution was presented to Parks & Recreation Manager, Bob Chorvat, who expressed his appreciation.

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Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-91, as shown on page _________, to the following Public Works Agencies that provided much needed assistance to those affected by the February 23, 1998 tornado: City of Altamonte Springs, City of Apopka, City of Casselberry, City of Lake Mary, City of Orlando, City of Sanford, Florida Department of Transportation, and Volusia County.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-92, as shown on page _________, to the following agencies, corporations and individuals who donated goods, services, resources and funds to respond to the needs of those suffering the effects of the February 23, 1998 tornado: Altamonte Springs Fire Department, Altamonte Springs Police Department, Altamonte Mall, American Automobile Association, American Red Cross, Briar Corporation, Casselberry Fire Department, Central Florida Hotel/Motel Association, Citrus Council of Girl Scouts, Florida Department of Community Affairs, Florida Department of Safety & Motor Vehicles, Florida Division of Forestry, Florida Division of Emergency Management, Florida Game and Fish Commission, Florida Highway Patrol, Florida Hospital, Escambia County Emergency Management, Lake Mary Fire Department, Longwood Fire Department, Home Depot, Invacare Corporation, Mennonite Disaster Services, Orange County Fire Department, Orlando/Sanford Airport, Orlando Regional Healthcare System, Paulucci International Corporation, Pizzuti Commercial Real Estate, RACES, Ryland Homes, Salvation Army, Seminole County Health Department, Seminole County School Board, Sanford Electric, Sanford Fire Department, Seminole County Volunteer Services Center, Seminole County Sheriff’s Office, Seminole County EMS/Fire/Rescue Division, Seminole County Department of Public Works, Sanford Police Department, Teen Challenge, Seminole Towne Center Mall, US Marine Reserve Center, Universal Engineering Sciences, Volusia County Fire Department, Williams Scotsman Corporation, Winter Springs Fire Department.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-93, as shown on page _________, recognizing the Trails and Greenways Task Force Members.

Districts 1, 2, 3, 4 and 5 voted AYE.

PROOFS OF PUBLICATION

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.

Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

APPEAL AGAINST THE BOARD OF ADJUSTMENT,

LENARD J. PERSIN

 

Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying an appeal of an Administrative decision made by the Current Planning Manager in denying a building permit for an 80-foot high amateur radio tower proposed with an R-1A Single Family Residential Zoning District for property located on the south side of Brookside Circle, ¼ mile south of Tuscarora Trail and approximately ¼ mile west of Lake Howell Road, Lenard J. Persin.

County Attorney, Robert McMillan, advised staff has advised the applicant that this issue is a mute point; therefore, this hearing (which is scheduled for 7:00 p.m., this date) is canceled.

Upon inquiry by Commissioner Maloy, Current Planning Manager, John Dwyer, addressed the Board to advise the applicant will receive a refund of the application fee.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to determine that Appeal against the Board of Adjustment in denying an appeal of an Administrative decision made by Current Planning Manager in denying a building permit for an 80-foot high amateur radio tower proposed with an R-1A Single Family Residential Zoning District for property located on the south side of Brookside Circle, ¼ mile south of Tuscarora Trail and approximately ¼ mile west of Lake Howell Road, Lenard J. Persin, is a mute issue; therefore, this hearing is canceled.

Districts 1, 2, 3, 4 and 5 voted.

The Chairman announced that there will be no public hearing meeting this evening due to the previous action.

CONDEMNATION, JOSEPH

A. GARRISON, OWNER

 

Consideration of a public hearing to consider Condemnation of 3412 Palmway, Sanford, Joseph A. Garrison, owner, was presented.

The Board was advised that this item has been withdrawn from the agenda.

District Commissioner McLain requested that this item be brought back before the Board as soon as possible.

CONSIDERATION OF A REQUEST TO VACATE &

ABANDON, ATTY. WILLARD/SCHRIMSHER NW 46 LTD.

 

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to vacate and abandon a portion of Oregon Avenue on behalf of the abutting property owners for right-of-way located north of SR 46 and west of I-4, Attorney Jim Willard on behalf of Schrimsher NW 46 Ltd., received and filed.

The Chairman advised that the County is in receipt of a request from the applicant to continue this item.

Motion by Commissioner McLain, seconded by Commissioner Adams to continue until May 26, 1998, consideration of a request to vacate and abandon a portion of Oregon Avenue on behalf of the abutting property owners for right-of-way located north of SR 46 and west of I-4, as described in the proof of publication, Attorney Jim Willard on behalf of Schrimsher NW 46 Ltd.

Districts 1, 2, 3, 4 and 5 voted AYE.

CONSIDERATION OF REQUEST TO VACATE

& ABANDON, CASSELBERRY INVESTMENT PROPERTIES

 

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to vacate and abandon a 10-foot wide drainage easement affecting Lot 6, Sportsman’s Paradise, located 350 feet east of Winter Park Drive on the south side of Seminola Boulevard, Casselberry Investment Properties, received and filed.

Plans Examiner, Sylvia Smith, addressed the Board to advise the drainage easement was conveyed to the County in 1951 by Casselberry Gardens, Inc. The reason for the request is to gain clear title to the affected property. The replacement of the drainage system provided by the easement has been addressed by stormwater and drainage facilities constructed as part of the Seminola Boulevard improvement project. She further advised the staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-94, as shown on page _________, vacating and abandoning a 10-foot wide drainage easement affecting Lot 6, Sportsman’s Paradise, located 350 feet east of Winter Park Drive on the south side of Seminola Boulevard, as described in the proof of publication, Casselberry Investment Properties.

Districts 1, 2, 3, 4 and 5 voted AYE.

CONSIDERATION OF REQUEST TO VACATE

& ABANDON, DOUGLAS K. & LINDA S. BRUMBAUGH

 

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to vacate and abandon a 20-foot alley between two platted lots; property located on the southeasterly side of SR 419 between Second and Third Avenues, Douglas K. & Linda S. Brumbaugh, received and filed.

Ms. Smith advised the applicants wish to build an addition to their residence located at 231 Langford Drive. The vacation is needed to prevent a potential cloud of title caused by building in the platted alley which is unopened. She stated the applicants have agreed to dedicate property to the County equal in size to the area of the vacated alley. She further advised that the staff recommends approval of the request and acceptance of the deed for property from the applicants.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-95, as shown on page _________, vacating and abandoning a 20-foot alley between two platted lots; property located on the southeasterly side of SR 419 between Second and Third Avenues, as shown on page _________, Douglas K. & Linda S. Brumbaugh; and to accept Deed, as shown on page ________, for property of equal size to the area of the vacated alley.

Districts 1, 2, 3, 4 and 5 voted AYE.

 

CONSIDERATION OF REQUEST TO REZONE

FROM R-1AA TO A-1, KLINGER ENTERPRISES

 

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from R-1AA (Single Family Residential) to A-1 (Agriculture) for property located on the south side of West Lake Brantley Road, north of Sand Lake Road, Klinger Enterprises, received and filed.

Senior Planner, Don Fisher, addressed the Board to present an overview and site analysis. He advised that approximately 10% of the site appears to be flood prone. Also, the site is located within the most effective recharge districts. Based on staff analysis, prior to all public hearings, staff recommends that the subject request is: (1) In compliance with the provisions of the Seminole County Comp Plan and the Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property from R-1AA to A-1, subject to: dedicating all areas below the 100-year flood elevation to Seminole County as a conservation easement. He further advised that on March 4, 1998, the Planning & Zoning Commission unanimously approved this request with the deletion of staff’s recommendation for a conservation easement.

Attorney Buzz Bowen, representing the applicant, addressed the Board to submit into the Record a booklet enclosing the findings of the DEP and SJRWMD, water sample test results, letters in support and history of agricultural exemptions. He discussed the contents of same, advising they have paid taxes on the property based on agricultural use. He said the site has been used for agricultural purposes since his clients have occupied it.

Chairman Morris surrendered the gavel to the Vice Chairman and left the meeting at this time.

Attorney Bowen stated the results of the water testing have all indicated that the nitrate levels are below the maximum contaminant levels.

Dr. Ghalamali Meghdadi, 2021 W. Lake Brantley, addressed the Board to speak in opposition.

Commissioner Morris re-entered the meeting at this time and assumed the position of Chairman.

Dr. Meghdadi indicated on the overhead map where he lives, advising he is surrounded by the property proposed to be rezoned. He stated he would like to make one correction, advising the applicant did not purchase the property in 1960. He stated that at the time he purchased his property in 1975, the subject property was zoned residential. He said he does not want agricultural around him; and he read an excerpt from Chapter 30 of the Code regarding agricultural zoning. He expressed his concern with the nitrate levels in his drinking water, stating he believes it is because of the agricultural operation which is making his well contaminated. He advised the Board of a study conducted by the University of Florida which indicated that elevated levels of nitrate in children and babies can cause brain damage and stomach cancer in adults.

The Chairman advised of a letter from SJRWMD stating they do not detect the nitrate level to be above the maximum allowable 10 mg/L.

Dr. Meghdadi reiterated his concerns regarding his drinking water and stated it is a crime not to serve the health of the people of this County and not to let them know what is happening.

The Chairman advised Dr. Meghdadi that the letters he received from the Seminole County Health Department and the St. Johns River Water Management District are from the State of Florida, not from Seminole County. He stated that the County relies on these agencies for testing as they have the authority.

County Manager, Gary Kaiser, stated he would be happy to coordinate a meeting with Dr. Polkowski of the Health Department with Dr. Meghdadi.

Dr. Meghdadi stated that the EPA has told him that his water is contaminated and they are going to try to connect him to City water so he will be taken care of; but he is concerned about his neighbors.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve rezoning, by Ordinance #98-24, as shown on page ________, from R-1AA to A-1 for property described as located on the south side of West Lake Brantley Road, north of Sand Lake Road, as described in the proof of publication, Klinger Enterprises, with staff comments; and to approve Development Order, as shown on page ________.

Under discussion, Commissioner Maloy stated he would support the P & Z recommendation and delete the dedication of all areas below the 100-year flood elevation to Seminole County as a conservation easement.

Commissioner Morris stated he would not support deleting staff’s recommendation and would support the motion as it stands. Whereupon, Commissioner Maloy stated he will go along with the will of the Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

CONSIDERATION OF REZONING FROM A-1

TO PUD, SEMINOLE COMMUNITY COLLEGE

 

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for a proposed satellite campus of the existing college; for property located on the southeast side of Lockwood Boulevard and on the east side of Old Lockwood Road, Seminole Community College, received and filed.

Mr. Fisher advised that on November 9, 1994, the BCC approved a special exception to allow the operation of 91,000 square feet of buildings and 1000 full time equivalency (FTE) students with 100 faulty members. The rezoning would allow 100,000 square feet of buildings and 1,300 FTE with Phase 1 to be completed by the year 2000. An additional 250,719 square feet of buildings and 2,600 FTE is proposed with Phase 2 and is to be completed by 2008. The total buildout is proposed to be 450,478 square feet. He advised that approximately 60% of the site appears to be flood prone and the site is located in the Econlockhatchee River Protection Basin. He further advised that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comp Plan and Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards.

Therefore, staff has no opposition to the adoption of an ordinance rezoning the property, as proposed, subject to: (1) The following improvements/contributions will need to be made when the development exceeds 2,400 FTE: (a) Pave Old Lockwood Road along the entire property frontage; (b) Participate in a pro-rata contribution for the paving of Old Lockwood Road from the south property line to McCulloch Road; (c) Pay pro-rata share for signalization of McCulloch and Old Lockwood Road; (d) Signalize the school entrance at Lockwood Boulevard or signalize the intersection of Old Lockwood Road and Lockwood Blvd., whichever meets warrants first; and (e) If found necessary by the City of Oviedo, participate in pro-rata share for improvements to Mitchell Hammock Road/Lockwood Boulevard and Lockwood Boulevard/CR 429; (2) Install a five foot sidewalk along all property frontages; (3) Dedicate all areas below the 100-year flood elevation to Seminole County or the State as conservation easement; (4) provide an off-site outfall drainage easement if found necessary; (5) Dedicate additional right-of-way as needed for required intersection improvements and paving of Old Lockwood Road; (6) Development shall comply with the Econlockhatchee River Protection Basin requirements; (7) No objection to the utilization of 9’ x 18’ parking spaces that result in a reduction in impervious surface area and protects additional natural vegetation and trees, and provides additional landscaping areas as compared to the results of utilizing 10’ x 20’; (8) Limit the maximum height for the bell tower to 90’ provided that there is no amplification from the tower or pedestrian access to the top of the tower. Limit the height of all other buildings to a maximum height of 50’; (9) A basin study to determine the pre and post 100-year flood elevation is required with submittal of the Final Master Plan; (10) Capacity of downstream stormwater system and ability to serve outfall from this project shall be addressed with the Final Master Plan; (11) Approval of the Preliminary Master Plan is a conceptual property layout and does not guarantee the ability to develop all areas as proposed; final engineering may reveal building constraints of the site; and (12) Apply for Concurrency Review Determination with the submittal of the Final Master Plan.

Mr. Fisher stated the P&Z reviewed this request and recommended approval subject to staff recommendations with the exception of building heights. The P&Z recommended that the permitted heights for buildings be 90’ for the learning resource center, the student center, and the bell tower. They also requested the ability to review the maximum height of other buildings during review of the Final Master Plan and they recommended that, where necessary, additional buffering be provided to screen the buildings from all adjacent properties.

Upon inquiry by Commissioner Morris, Mr. Fisher stated there would be some logic to relooking at building heights during the Final Master Plan.

Discussion ensued between the Board, Civil Engineer, Tom Radzai, and Planner Dick Thomas, with regard to tying improvements and contributions to the FTE.

Attorney Donna McIntosh, representing SCC, addressed the Board to introduce Dr. Anne McGee.

Dr. Anne McGee, SCC President, addressed the Board to state she is very excited about the proposed new campus. She said this is an opportunity to build a $20 million campus with State PECO funds in the Oviedo area. She advised that SCC is 27th of 28 in the State in useable space per FTE. She said this is their time to catch up. She urged the Board to approve their request.

John Rinehart, Consultant representing SCC, addressed the Board to submit into the Record the Preliminary Master Plan. He gave a brief presentation concerning the application and request. He explained that the reason the college has applied for PUD zoning is because they believe it is a more appropriate zoning than the A-1 with a special exception. He displayed illustrations of the Master Plan, Phase 1, and proposed parking (illustrations were received & filed). He stated that the college has been extremely focused on preserving as much of the site as environmentally possible so when the plan was put together, they have preserved most of the wetlands on the site. He said that there were a number of commitments made to the community with respect to buffers and setbacks when the special exception was approved, and the proposed plan submitted does maintain the 150 foot passive buffer along the south side, 200 foot building setback, and 50 foot natural, undisturbed buffer that surrounds the perimeter of the site, with the exception of where the entrances will occur. He said they concur with staff recommendations, with the exception of the building height issue.

The Chairman surrendered the gavel to the Vice Chairman and left the meeting at this time.

Mr. Rinehart continued his presentation, stating the nearest lot on the west side is approximately 400 feet from the closest building of Phase 1 in the center portion of the site. He said that the height is very important to them for the buildings located at the center of the site.

Commissioner Maloy expressed his concern with tying the contribution for the paving of Old Lockwood Road and the signalization of McCulloch and Old Lockwood Road to the 2,400 FTE’s.

Commissioner Morris re-entered the meeting at this time and assumed the position of Chairman.

John Collins, Red Ember Road, addressed the Board to read into the Record a letter (copy of same was received & filed) from his wife in opposition to the rezoning.

Mr. Collins expressed concern with not requiring the college to go through the D.R.I. process. Whereupon, Mr. Fisher advised the Board could place a stipulation on the development that any change other than what is shown on the plans would require Board review.

Upon inquiry by Commissioner Maloy, Mr. Fisher advised County staff has advised him that this plan does not trigger the threshold for a D.R.I.

Mr. Collins stated he is concerned with the college’s contradictions of the numbers for the FTE’s when the special exception was presented. He said there seems to be a manipulation of the FTE’s. He believes the time limit for the special exception has expired because a building permit has not been issued. He also believes favoritism has occurred because the rules in order to acquire a special exception are that a plan should have already been in place and that rule was not enforced. He further stated that the site is not well drained and, therefore, does not meet the minimum requirements for an education facility, per Florida Law. He added that this is a question of right or wrong, and if the Board believes it is wrong for government to mislead and lie about the number of FTE’s and it is wrong for government to force a college into a residential and agricultural area, then the Board’s vote should be to deny this request. He said the problem is that the college could have gone through the D.R.I. process and a lot of his questions would have been answered, but they chose to try to push this through without the review. Copy of Mr. Collins’ presentation was received and filed.

Upon inquiry by Commissioner Maloy, Mr. Collins stated he would rather see this property developed into single family homes.

No one else spoke in support or in opposition.

Upon inquiry by Commissioner Maloy, Mr. Fisher advised staff’s opinion is that the college has a valid special exception and it is still active.

Commissioner Maloy expressed his concern with staff recommendation #10. Whereupon, Mr. Radzai advised the stormwater system and outfall from the project will be addressed with the Final Master Plan.

Commissioner Maloy stated this is obviously a major project with a lot of impacts, both traffic and water, and he is concerned with that. He said he wants to make sure that these issues are addressed properly during the final master planning process. He said the college is already approved to develop and he cannot see turning around and denying it. He believes if the college is going to be developed, he wants the County to have enough latitude to make sure the traffic and drainage concerns are going to be taken care of and the impact to the community is minimized as much as possible.

Motion by Commissioner Maloy, seconded by Commissioner McLain to approve the rezoning, by Ordinance #98-25, as shown page_________, from A-1 to PUD for a proposed satellite campus of the existing college for property located on the southeast side of Lockwood Boulevard and on the east side of Old Lockwood Road, as described in the proof of publication, Seminole Community College, and approval of the Development Order, as shown on page _________, with staff recommendations, with the exception of #1(c), adding that if the development is found to trigger warrants, in the opinion of the Traffic Engineer, the signalization would occur prior to the 2,400 FTE; with the revision of #1(b), that the pro-rata contribution for the paving of Old Lockwood Road from the south property line to McCulloch Road shall be at the time the County paves same; to substitute County staff recommendation #8 with the P&Z recommendation that any change of height will be brought back to the Board; and to include that the Board will review changes of campus building locations.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Van Der Weide left the meeting at this time.

LAND DEVELOPMENT ISSUES

PLANNING & DEVELOPMENT/DEVELOPMENT REVIEW

Sylvia Smith presented the Preliminary Subdivision Plan for Lakehurst, located on the south side of Red Bug Lake Road, north of Lake Howell, approximately ¾ mile east of SR 436. She advised the plan consists of 83 lots on 128 acres zoned R1-A and R1-AA. The request also includes a variance to the minimum lot depth requirement for double frontage lots of 150 feet to 130 feet for the lots along Red Bug Lake Road. She stated the P&Z recommended approval of the plan. She further advised that the staff recommends approval of the plan including the variance requested, subject to the installation of a six-foot masonry wall along Red Bug Lake Road.

Commissioner McLain advised there is a concern in the community about a fence along the north/south property line adjacent to the other homes and questioned what consideration has been given this. Whereupon, Ms. Smith advised there is no Code requirement for a buffer adjacent to A-1 and if there were a consideration, it would have been done during the rezoning hearing.

Commissioner Maloy stated he received a letter from the developer advising they would be willing to put up a six-foot wooden fence as a voluntary commitment. Mr. Dwyer advised that on the second page of the letter, the developer has changed the six-foot wooden fence to an eight-foot wooden fence.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised to the best of his knowledge, he believes the property was properly posted for the rezoning.

Judy Stewart, Bowyer Singleton & Associates representing Centex Homes, addressed the Board to submit photographs of the property when it was posted for rezoning, and to state they also have an affidavit on file stating that the property was posted.

Upon inquiry by Commissioner Adams, Ms. Stewart advised Centex Homes has agreed to erect an eight-foot wooden fence along the entire eastern boundary and to also only do single-story homes on the five lots in question.

Upon inquiry by Commissioner Morris, John Odom, developer, addressed the Board and Ms. Stewart agreed to do a five foot natural buffer along with the fence and agreed that the development will have a mandatory homeowners association with the fence to be held in ownership by them (with perpetual maintenance by them), with same to be included in the deed restrictions.

At the request of Commissioner Maloy, Ms. Stewart agreed to have the flat side of the fence facing out.

At the request of Commissioner Morris, Ms. Stewart agreed that the developer would mark off the area where the fence will be erected so that the natural vegetation will be preserved, and agreed to plant supplemental vegetation where there is none. Motion by Commissioner Adams, seconded by Commissioner Maloy to approve the Preliminary Subdivision Plan of Lakehurst, including the variance to the minimum lot depth requirement for double frontage lots of 150 feet to 130 feet for the lots along Red Bug Lake Road, and to accept all developer voluntary commitments made at this meeting.

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

CHAIRMAN’S REPORT

The Chairman discussed with the Board, County Attorney, Robert McMillan’s, Annual Performance Review (copy of same was received and filed). He said he does not know of another County, except for maybe Orange County, that is more cutting edge than Seminole County. He, therefore, recommended a 5% salary increase.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve a 5% salary increase for County Attorney, Robert McMillan, for his Annual Review.

Districts 1, 2, 4 and 5 voted AYE.

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At the request of the Chairman, Director of Library & Leisure Services, Suzy Goldman, addressed the Board to distribute an information packet (copy was received & filed) on the Seminole County Web Page on the Internet and to give an update on same.

Chairman Morris stated he believes the Board should task each Division to provide updated information to the web page. Discussion ensued.

Ms. Goldman stated she feels strongly that the County needs greater internal capacity in terms of development. She stated that this is not included in H.T.E.’s contract. She said she would be happy to submit a proposal to the Board during the budget process. She also said that she would like to see this centralized.

Chairman Morris stated he disagrees with centralization and would like to see departments compete in providing information to the web.

The Board requested that a work session on this subject be scheduled prior to the June budget meetings.

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The Chairman stated he would like to invite Time Warner to be present to discuss with the Board the matter of putting Board meetings on television. He clarified that this is totally separate from the CALNO proposal.

The Board voiced no objections for staff to bring back costs and agreements with Time Warner for the broadcasting of BCC meetings.

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At the request of the Chairman, DCM, Cindy Coto, addressed the Board to give an update of the Metropolitan Environmental Training Alliance (METRA). She advised this was formed for local governments to take a role in educating and training its employees in environmental compliance. She said this is a public-private partnership to ensure the community knows how to properly handle hazardous waste. She further advised that since January, there have been a total of nine compliant inspections. She commended Tom Waters, Small Quantity Generator Program Coordinator, Public Works, who has worked diligently to establish this program.

COMMUNICATIONS AND/OR REPORTS

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

1. Copy of letter dated 4/15/98 from Chairman Morris to Bob Butterworth, FL State Attorney General, re: request for legal opinion.

 

2. Letter (with attachment) dated 4/15/98 from S. Scott Vandergrift, Mayor of Ocoee, to BCC re: public hearing on mobile home safety issues. (cc: CM, Dave Beitz to respond)

 

3. Notice of postponement of 4/30/98 Water Supply Planning Work Group to 5/21/98. (cc: Warren Wagner, Mark Flomerfelt)

 

4. Notice of relocation of 4/23/98 Friends of Lake Jesup Restoration & Basin Management Team meeting. (cc: CM, DCM)

 

5. Letter dated 4/16/98 from Catherine M. Peffen, Harvest Insurance, to Chairman Morris re: Worker Adjustment & Retraining Notification Act (WARN) provision to give notice of change in operation. (cc: BCC, CM, DCM, Human Resources, Economic Development)

 

6. Letter dated 4/12/98 from Barbara Walker Seaman, Old Downtown Development Group of Oviedo, to Chairman Morris re: proposed Oviedo by-pass. (cc: BCC, CM, DCM, Jerry McCollum, Dick Thomas, Harry Barley-MetroPlan Orlando)

 

7. Notice of 4/22/98 City of Lake Mary LPA public hearing re: Oaks Shopping Center. (cc: BCC, CM, DCM, Current Planning, Comprehensive Planning, Development Review)

 

8. Notice of 4/20/98 Oviedo City Commission meeting and agenda. (cc: BCC, CM, DCM)

 

9. Copy of letter dated 4/10/98 from Darrell W. Smith, FL DOR, to Ray Valdes, Seminole County Tax Collector, re: Tax Collector budget request. (cc: BCC, CM, DCM)

 

10. Letter received 4/17/98 from Ann Purcell, The Hacienda, Inc., to BCC re: invitation to open house for Longwood Hacienda House. (cc: BCC, CM, DCM, John Dwyer)

 

11. Letter dated 4/15/98 from D. Ray Eubanks, FL DCA, to Chairman Morris re: submission of proposed comprehensive plan amendments. (cc: BCC, CM, DCM, Comprehensive Planning)

 

12. Letter dated 4/13/98 from Donald F. Eslinger, Seminole County Sheriff, to Chairman Morris re: proposed slow zone for air boats and jet skis on the Econ River, (cc: BCC, DCM, Current Planning)

 

13. Copy of letter dated 4/14/98 from Lonnie N. Groot, Deputy County Attorney, to Legislative Delegation re: SB #92 and HB #3583-eminent domain reform legislation.

 

14. Copies of letters dated 4/15/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of donations to Animal Control Division to: Michael Reilly; Tricia Spinelli; Joan Voskan; Mike Birzon; Delisa Balmer; Mr. Meblock; and Karen Williams.

 

15. Copies of letters dated 4/15/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of contributions of "Homeless Homer/Morris the Cat" coupons for the Heinz Homeless Pets Program to: Wayne & Paula Forberg; Mr. C.R. Pietri; Bob Lee; and Mr. R. Wilde.

 

16. Letter (with attachment) dated 4/16/98 from Dan Lynch, EDC, to BCC re: EDC March monthly report.

 

17. Letter (with attachment) dated 4/17/98 from Thelma McPherson, Casselberry City Clerk, to BCC re: Casselberry Ordinance #98-902-annexation of Goldberg property.

 

18. Letter (with attachment) dated 4/14/98 from Jackie Sova, City of Lake Mary, to BCC re: Big Lake Mary outfall pipe. (cc: BCC, CM, DCM, Engineering, Stormwater, County Attorney, Roads)

 

19. Copy of letter (with attachment) dated 4/14/98 from Chairman Morris to Gary V. Goodwin, FL Bureau of Historic Preservation, re: application for nomination of the Seminole County Museum (County Home) to the National Register of Historic Places.

 

20. Letter (with attachments) dated 3/25/98 from John L. Mica, U.S. Representative, to Gary Kaiser, County Manager, re: ISTEA funds.

 

21. Copy of letter dated 4/14/98 from Chairman Morris re: ISTEA funds to: Bob Graham and Connie Mack, U.S. Senate.

 

22. Letter (with attachments) dated 4/14/98 from Stan Stevens to BCC re: basketball court at Chuluota VFW.

 

23. Letter received 4/13/98 from Debra Schuchart to Chairman Morris in opposition to proposed school sites at Iron Bridge. (cc: BCC, CM, DCM, Current Planning)

 

24. Approved minutes from the 3/19/98 Tourist Development Commission meeting.

 

25. Fax dated 4/15/98 from H. Scott to Winter Springs City Manager and Commission re: complaints about Winter Springs sign ordinance, memberships and taxes. (cc: BCC, CM, DCM, Current Planning)

 

26. Forty-three (43) form letters in opposition to extension of McCulloch Rd. over the Little Econ River. (cc: BCC, CM, DCM)

 

27. Fax dated 4/14/98 from Orlando Business Journal to BCC re: 4/17/98 "Business at Breakfast" forum. (cc: BCC, CM, DCM, Jerry McCollum, Dick Thomas)

 

28. Copy of letter dated 4/13/98 from Robert Dallari, Oviedo City Council Chairman, to Paul Partyka, Mayor of Winter Springs, re: Battleridge property. (cc: BCC, CM, DCM, Comprehensive Planning, Development Review)

 

29. Letter dated 4/14/98 from Kim H. Herbon to Chairman Morris re: beautification projects. (cc: BCC, CM, DCM, Roads, Frank Van Pelt to respond)

 

30. Copy of letter (with attachments) dated 4/15/98 from Chairman Morris to David Mealor, Mayor of Lake Mary, re: Fiserv.

 

31. Letter dated 4/13/98 from Dr. Jane Polkowski, Seminole County Health Department, to Chairman Morris in appreciation of dedication of new health department wing to Dr. Jorge Deju, former health director. (cc: BCC, CM, DCM)

 

32. Fax dated 4/13/98 from Dr. Pat Wilson to BCC re: article in The Oviedo Voice about Cross Seminole Trail. (cc: BCC, CM, DCM, Colleen Rotella)

33. Letter dated 4/21/98 from Chuck & Marie Tatman to Chairman Morris re: jet skis on the Econ River. (cc: BCC, CM, DCM, Colleen Rotella)

 

34. Letter dated 4/20/98 from Sharon Janego to BCC re: SR 434/I-4 beautification. (cc: BCC, CM to respond, DCM, Engineering)

 

35. Notice of 5/13/98 City of Altamonte Springs planning board public hearing. (cc: BCC, CM, DCM, Current Planning)

 

36. Copy of letter dated 4/22/98 from Chairman Morris to Ron McLemore, Winter Springs City Manager, re: Cross Seminole Trail.

 

37. Letter dated 4/19/98 from Ronald A. Smith to Chairman Morris re: "no wake zone". (cc: BCC, CM, DCM, Current Planning, County Attorney, Sheriff)

 

38. Notice of 5/14/98 FL DEP Econlockhatchee River Working Group meeting. (cc: BCC, CM, DCM, Stormwater, Comprehensive Planning, Current Planning, Development Review)

 

39. Letter dated 4/21/98 from Robert Breaux, Mayor of Maitland, to Chairman Morris re: Peoplemover Project, light rail, and U.S. 17-92 beautification. (cc: BCC, CM, DCM, Dick Thomas, Jerry McCollum, Harry Barley, Kevin Fall)

 

40. Copy of letter dated 4/24/98 from Lonnie N. Groot, Deputy County Attorney, to Donna McIntosh, Esq., re: adult entertainment.

 

41. Copy of letter dated 4/23/98 from Lonnie N. Groot, Deputy County Attorney, to Judges T. Green and M.A. Klein re: Law Day/Law Week.

 

42. Memo (with attachments) dated 4/23/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: Article V-Constitutional Revision Commission.

 

43. Memo (with attachment) dated 4/21/98 from Gary Kaiser, County Manager, to BCC re: commendation by Jeff Shaw, National Disaster Coordinator, KPMG Peat Marwick, for combined efforts following the tornado in Seminole County.

 

44. Copy of letter dated 4/21/98 from Chairman Morris to David McKinney, EDC, re: separation of EDC and MOIAC operations.

 

45. Letter (with attachments) dated 4/24/98 from Dr. Jane Polkowski, Public Health Director, to Chairman Morris re: first quarter report.

 

46. Copy of letter dated 4/24/98 from Chairman Morris to FL Communities Trust re: Preservation 2000 program application for Cammack property.

 

47. Copy of letter (with attachments) dated 3/27/98 from Chairman Morris to Susan J. Leigh, FL Housing Finance Corp., re: Fern Park Apartments.

 

48. Copies of letters dated 4/21/98 from Ken Roberts, Public Safety Director, in appreciation of contributions of "Homeless Homer/Morris the Cat" coupons for the Heinz Homeless Pets Program to: Ellen Thomas; and Pat Hesseling.

 

49. Minutes of 4/15/98 Seminole Soil & Water Conservation District Supervisors meeting.

 

50. Letter (with attachments) dated 4/16/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3385, annexation of property between Jewett Ln/McCracken Rd/Persimmon Ave./W. Airport Blvd.

 

DISTRICT COMMISSIONERS’ REPORTS

Motion by Commissioner Maloy, seconded by Commissioner Adams to appoint Glen Austin to the Code Enforcement Board to fill the unexpired term of Peter Lyons, who resigned; and to adopt appropriate Resolution #98-R-97, as shown on page ________, commending Mr. Lyons for his services.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Adams stated he has been contacted by residents who live around small lakes that are having problems with jet skis and he questioned what is done with regard to no wakes. He said the City of Altamonte Springs does have an ordinance based on the size of the lakes and he would like the County Attorney’s office to look into this.

Deputy County Attorney, Lonnie Groot, addressed the Board to advise there is some legislature that is going to pass which relates to the operation of jet skis and the training for same. Whereupon, Commissioner Adams requested Mr. Groot to keep him informed on same.

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At the request of Commissioner Adams, Purchasing Manager, Kelly Loll, addressed the Board to discuss the letter (copy received & filed) to Chairman Linda Chapin, Orange County, regarding professional services guidelines and parity. She advised that there has been no response to the letter.

The Board requested staff to bring this back after July 1.

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Upon inquiry by Commissioner Adams, Ms. Coto advised the handling of the boarded-up homes on CR 427 has been transferred to Support Services. She stated they are in the process of looking at these properties for other uses or tearing them down as soon as possible prior to the road construction.

The Board directed staff to bring back a time line regarding these properties.

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Commissioner McLain briefly discussed with the Board a code enforcement issue relating to industrial use (parking trucks carrying steel) in the rural area of Black Hammock (Appellant’s Attorney Steven Bechtel). He stated he would like the Board to instruct staff to take another look at the land use code under Chapter 30 during the next cycle. He said he would also like to ask the Code Enforcement Board to hold any further action on this case until the County can address this issue.

Director of Planning & Development, Frances Chandler, addressed the Board to advise the next cycle would be this summer.

Motion by Commissioner McLain, seconded by Commissioner Maloy to direct staff to cease proceeding on the code enforcement issue on property in the Black Hammock area (Attorney Steven Bechtel) and in any rural area A-3, A-5 and A-10; and to suspend any fines on this case until such time as staff brings back change recommendations to Chapter 30, Seminole County Code.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner McLain stated he would like to discuss an issue that came up under the District Commissioners’ Reports during the September 23, 1997 meeting regarding the County’s travel policy. He said he has taken some time to look into the actual discussion concerning the trip Commissioner Van Der Weide took to Holland and he is very concerned with what he has found. He said he feels that he was misled to a certain degree. He stated that it is clear that Commissioner Maloy and he have consistently opposed compensation for travel which was not receipted. He also stated that in reviewing the records, he has found that Commissioner Van Der Weide was treated differently than the other employees who took the trip because those employees had to reimburse their funds.

Commissioner McLain advised that the Board never approved travel to England. He also advised there was also discussion about Commissioner Van Der Weide’s difficulty in obtaining receipts for the trip. He said he has pulled all the travel vouchers and it is very interesting to him that Jack Wert and other staff who were on the trip had their receipts. He stated that he also believes there are areas of conflicts that come forward when you go on a trip and you are provided a meal and then collect for that meal, and he believes Commissioners should be beyond reproach on that.

Therefore, Commissioner McLain stated he would like to rescind his motion of September 23, 1997, as far as any waiver of receipts.

Motion by Commissioner McLain, seconded by Commissioner Adams to rescind the motion of September 23, 1997 waiving the requirement for receipts for Commissioner Van Der Weide’s trip to England and Holland.

Under discussion and upon inquiry by Commissioner Maloy, County Attorney, Robert McMillan, advised that this particular item was not a public hearing item; it came up under the District Commissioner’s Report.

Commissioner McLain pointed out that Commissioner Maloy voted against this motion. Whereupon, Commissioner Maloy stated he voted against everyone’s travel.

Commissioner Maloy stated this seems quite unusual to go back on this issue while there is an ongoing lawsuit currently in the courts. He said he cannot see going back and revisiting past actions, and feels the court battle should be settled before this is revisited. He added that Commissioner Van Der Weide is not present to defend himself.

Commissioner McLain stated that it is his opinion the Board made an error in judgment in going against the ordinance and granting money to be paid without receipts, when the ordinance clearly states receipts are required. He also does not want Commissioner Van Der Weide to be treated differently from County staffers.

Commissioner Maloy left the meeting at this time.

Upon inquiry by Chairman Morris, Commissioner McLain stated the Board never authorized travel to any place but Holland. He reiterated that he believes Commissioner Van Der Weide misled the Board, and said he wants to talk to him about that and is sorry he left this meeting earlier. He further said that there is some talk about how monies have been collected and other opportunities to claim for reimbursement and he would like to get that cleared up as a separate item. However, he feels this issue does not need Commissioner Van Der Weide’s appearance as he abstained from voting on this the last time because this was an issue concerning him.

Upon inquiry by the Chairman, Mr. McMillan advised the correct wording of the motion should be to reconsider. Whereupon, Commissioners McLain and Adams concurred.

Districts 2, 4 and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Adams to require receipts for Commissioner Van Der Weide’s trip to Holland (Netherlands).

Districts 2, 4 and 5 voted AYE.

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There being no further business to come before the Board, the meeting was adjourned at 5:30 p.m., this same date.

 

 

 

ATTEST:_______________________Clerk______________________Chairman

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