BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 23, 2000
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, May 23, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Carlton Henley (District 4)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Absent: Commissioner Dick Van Der Weide
Major Bruce Williams, The Salvation Army, gave the Invocation.
Commissioner McLain led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Commissioner Morris stated he had the pleasure of visiting the Rainbow Elementary School to speak with the second grade class. He stated the class submitted a lot of letters to the County regarding Lake Jesup, Indian site preservation, and the Econ Protection. He said he knows the second grade class is tuned in today and he would like to say hello to Ms. Ann Blanton’s class at Rainbow Elementary School.
COUNTY ATTORNEY’S CONSENT AGENDA
Commissioner Maloy stated he would like to pull Item #1 for further discussion.
Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize and approve the following:
2. Approve full Settlement of all claims relating to Parcel Numbers 142/742 of the Dodd Road road improvement project located at 1133 Dodd Road, Winter Park in the amount of $30,000.00, Florence P. Tuck property.
3. Approve Purchase Agreement, as shown on page _________, relating to Parcel Number 155 of the Airport Boulevard Phase III road improvement project, located at 713 Bevier Road, Sanford, in the amount of $70,000.00 with no attorney’s fees or costs incurred, Jae Lynn Sizemore property. This is an early acquisition prior to Board adoption of a Resolution of Necessity.
4. Authorize first written offer and offer of judgment relating to Parcel Number 207-B of the County Road 427, Phase I road improvement project, located on Longwood Avenue south of State Road 436, Altamonte Springs, in the amount up to $140,000.00, exclusive of attorneys’ fees and costs, or alternative offers up to $70,000.00 plus the reconveyance of land; and authorize negotiation to settle liability for legal fees up to $20,000.00 and costs up to $34,500.00, Florida Rock Industries, Inc. property.
5. Authorize first written offer and offer of judgment relating to Parcel Numbers 109/709 and ingress/egress easement of the County Road 427, Phase V road improvement project in the amount of $214,920.00, exclusive of attorney’s fees and costs, Guildi property.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Maloy stated the request to approve Settlement Agreement relating to Florida Power Corp. v. Seminole County, was continued from the last meeting. He stated he and staff met with the residents last Tuesday and about 100 or more showed up. The citizens had a lot of questions and he informed them that he would report back some of their comments. Some of their comments related to safety of the pole distance, the power lines may be close to the neighboring FPL power line, and the residents were in agreement to reject the settlement. There were a lot of discussions relating to alternative routes and the effects of their property values. He said there was a lot of discussion during the 1998 BCC meeting relative to staff coming back with funding options and looking at other alternatives. He stated this Board has never had any discussions on the other alternatives, such as burying the lines, and he feels that this issue should be discussed further.
Chairman Henley stated this issue is under the Public Service Commission rules and Florida Power is required to build a less expensive route. That means Florida Power would not be held accountable for that additional $3.5 million. In order to meet the needs of the community and the developers, he believes the Board needs to look at this from a standpoint of precedent setting and where will those funds come from in the future. He stated he doesn’t believe the County’s budget can handle that amount.
Commissioner Morris stated the debate the Board had two years ago was unanimous, based upon what they were hearing from staff, to proceed with the lawsuit. In this case, it is an alternative routing question and it is not a question of whether it should or should not be built. The negotiations have pursued for many months on what Florida Power could do and would do to soften the effects of the power lines. The first question he asked was if the district commissioner was briefed on this issue and he was advised that he had been. Now staff is answering the same questions that were answered during the 18 months of litigation. It appears the settlement contract indicates that Chapman Road will be widened and the Board has never determined that it would be widened.
Upon inquiry by Commissioner Morris, Rob Gebaide, Assistant County Attorney, addressed the Board to advise that the language has been struck to reflect that the installation of the transmission facilities can go on, but the timeline will be based upon the County’s decision of whether or not to proceed with widening Chapman Road.
Chairman Henley stated a number of residents are under the impression that the Board made a commitment not to widen Chapman Road until the report shows 20,000 cars.
Upon inquiry by Chairman Henley, Robert McMillan, County Attorney, addressed the Board to advise the County is acquiring right-of-way for Chapman Road and the Board made that decision in 1996. Discussion ensued.
Mr. Gebaide advised the Settlement Agreement basically reads, "If the County has made a determination to defer widening Chapman Road such that the additional right-of-way will not be available by July, 2001, then at that time, and at FPC’s option, the County shall issue FPC a permit for FPC’s plan to construct the transmission line along the existing two-laned Chapman Road as these plans were revised on May 6, 1998."
Commissioner Maloy stated it appears to him that it would be very difficult to force a rerouting. He stated he would suggest showing the residents some of the alternatives to get their input.
Upon inquiry by Chairman Henley, Commissioner Maloy advised he would recommend not approving the settlement today and to provide information to the representatives of the community to see if they would like to pursue the concept of another option such as burying the power lines.
Chairman Henley stated he would like a date certain as to how long this will take place because he would not like this to drift on for another two years.
Upon inquiry by Commissioner Morris, Chairman Henley advised he believes what Commissioner Maloy is saying that the Board can amend the present proposal to allow for the potential of burying the lines.
Commissioner McLain stated the agreement indicates that the parties recognize and agree that final route selection for a transmission line remains the prerogative of Florida Power Corp. (FPC). He stated he would like to know if there is any doubt about that. Whereupon, Mr. Gebaide advised only if FPC did not participate in the annual meeting process that is laid out in the agreement.
Upon inquiry by Commissioner McLain, Mr. McMillan advised the County cannot choose the route and the only issue for litigation is whether the County can deny them the use of their land. He stated if the County allows Florida Power to use the right-of-way, as they requested, and the County widens the road when the count gets to 20,000 cars, they will need to relocate the power lines at their expense. If the County wins the case and denies FPC the use of Chapman Road for these transmission lines, FPC has the right of eminent domain. FPC also has the right to take public or private property for utilization of their electric utilities. If they condemn a corridor parallel to Chapman Road for installation of the transmission lines, and if the County widens Chapman Road, the County would have to purchase the right-of-way from FPC and pay for the relocation of the utility lines.
Upon further inquiry by Commissioner McLain, Mr. McMillan advised the County has the right to deny FPC the use of Chapman Road right-of-way. The only justification the County has for denying FPC the use of Chapman Road right-of-way is the County is the property owner and they have the right to say no.
Commissioner McLain stated according to his memory, Commissioner Warren made it very clear that Chapman Road would not be widened until it reached the 20,000 car threshold.
Jerry McCollum, County Engineer, addressed the Board to advise when the road was looked at in 1992, the count was around 8,500 to 9,000 cars a day and the count now runs around 12,500 to 13,000. That is about a 30% to 40% increase.
Upon inquiry by Commissioner McLain, Mr. McCollum advised that it might be another 10 to 15 years before it reaches the 20,000 car level.
Commissioner McLain stated he feels the Board needs to reconsider whether they want to continue acquiring right-of-way for Chapman Road and use those funds to acquire right-of-way for other pressing areas.
Mr. McCollum stated it could be 10 years or 5 years. He stated staff’s concern is once Alafaya Trail is six-laned and Aloma Ave. is 4-laned, people will use Chapman Road as a cut through. He stated he believes approximately 50% of the right-of-way has been acquired and he would be a little leery of discontinuing the right-of-way acquisition especially when people are saying they would like the County to obtain right-of-way.
Upon inquiry by Commissioner McLain, Mr. McCollum advised he believes there is approximately $3 million in the budget for construction of Chapman and approximately $1.5 million for right-of-way.
Commissioner McLain stated he believes it is important to maintain a commitment to the community not to widen the road until the 20,000 traffic count is reached. The community is not anxious to see that road widened and Mr. McCollum indicated that that count is probably a decade away. He stated $4.5 million is in the budget for that project and those funds could be used for another project. He said this may be the time to suspend the right-of-way acquisition of Chapman Road and do some improvements on it after staff has evaluated it. He added he thinks it is very clear that the County cannot stop FPC from putting their lines where they want them.
Mr. McCollum discussed with Commissioner Morris the distance of feet the poles can be placed in the existing right-of-way and the green space policy.
Upon inquiry by Commissioner Morris, Mr. McCollum advised Chapman Road is in the City of Oviedo’s Comp Plan as a four-lane facility and they were looking at some other alignments in that area. He stated the City of Oviedo is doing a study, but he does not know if they have modified it. If there were no other east-west facilities built and Chapman Road is not four-laned, then more traffic would eventually be forced down SR 434 to Mitchell Hammock Road.
Commissioner Morris stated the widening of the road is a principle adopted by the Board and that widening will not be done until the 20,000 traffic count occurs. This does not change any arguments they have had regarding FPC rights.
Commissioner Maloy stated he doesn’t think that today is a good time to make any amendments to the agreement, but his main point is in 1998, the Board never looked at options or alternatives. He said he feels that is something the Board can explore.
Commissioner Morris stated he is failing to understand why the Board cannot go ahead and explore those options and resolve this issue today.
Mr. McCollum discussed with Commissioner McLain the issue of the poles being placed in the existing right-of-way and how that is dealt with by Green Book standards.
Mr. McMillan answered Commissioner McLain’s question relating to FPC being able to acquire the remaining right-of-way and moving their poles back from the road.
Commissioner McLain stated it sounds like the Board needs to continue this issue until staff can research this further so that the Board can make a proper decision. He stated if the Board decides not to continue the acquisition of right-of-way for Chapman Road, it will not affect this agreement. The only thing it affects is the fact that Florida Power can place their poles within 5 ft. of the road, if they choose, or they can wait to see if the County buys the property, and they can move it back another 30 or 40 ft. He said he feels the answer is to let them put it back 30 or 40 ft. and let them acquire the right-of-way they need.
Mr. McMillan stated that is an issue that they can work out. He said he is asking the Board not to place the right-of-way acquisition on hold and allow staff to do other acquisitions as they come in. The only reason active acquisition was being considered was because of the notion that it might interfere with construction. Therefore, nothing needs to be changed in the acquisition area. He stated he understands that there was some discussion at the last meeting that engineering may be coming back with the entire issue of Chapman and when it might occur.
Upon inquiry by Commissioner McLain, Mr. McMillan advised the County could go to the Public Service Commission to object to proposals that they make.
Chairman Henley stated he feels that a lot of the discussion today should have taken place in 1996 when they changed the commitment of obtaining early acquisitions. He said he doesn’t see anything that would prevent the County from doing whatever they want to do other than change their route selection. The County does not have to continue the purchase or the widening, and if this is approved the County can do exactly what the District Commissioner wants to do in meeting with the residents and deciding whether the County wants to participate in burying the lines. It is conceivable that Florida Power Corp. can place those lines on the existing right-of-way and then later on, if the County purchase the right-of-way, those lines can be buried. That will give them time to meet with the residents to see if they want a special taxing district and to discuss other options. He stated he doesn’t see any negatives to settle this lawsuit, but he sees negatives if the County doesn’t win this lawsuit and it will be very costly to them. Discussion ensued.
Motion by Commissioner Maloy, seconded by Commissioner McLain to reject Settlement Agreement regarding Florida Power Corp. v. Seminole County, and to fulfill the commitment made in 1998 to explore with the community all possibilities with Florida Power.
Under discussion and upon inquiry by Chairman Henley, Mr. McMillan advised if the Board rejects this agreement, the County is no longer in control of what takes place.
Commissioner McLain stated he would like to see Florida Power Corp. work with the County and possibly the County continuing voluntary acquisition of right-of-way. If the County is going to lose this battle, he would like to see Florida Power place the lines where the County wants them and then acquire the property they need, and if the road is widened at a later date, the County would acquire the right-of-way from them.
Chairman Henley stated he would like to remind the Board that there will be additional expense if that happens.
Mr. McMillan stated he has no doubt that Florida Power will be willing to discuss those alternatives with the County.
Commissioner McLain suggested continuing this item in order to give them time to meet with the community and to hammer this issue out with Florida Power Corp.
Mr. Gebaide advised that Florida Power would acquire a transmission easement.
Mr. McMillan stated FPC will not acquire road right-of-way, but will acquire transmission easements. When the County decide to widen the road, they will have to condemn from the prior property owner the remaining interest of that property.
Mr. Gebaide stated the County will then go against two property owners rather than one.
Chairman Henley recessed the meeting at 10:40 a.m. to allow the attorneys on both sides to explore some of the ideas that have been brought up. The meeting was reconvened at 10:50 a.m., with all Commissioners being present.
Mr. McMillan stated FPC might not be successful in acquiring right-of-way as the court would determine what they would need. FPC cannot have any public hearings or participate in public meetings while the suit is active. There are only four parcels left on Chapman Road, along the route that the transmission lines would take. He stated Luther Haven owns two of those parcels and he understands that they have some plans for that land. FPC indicated that they would go along the four-lane configuration that they already own and jog around those parcels.
Commissioner Maloy voted AYE.
Commissioners Henley, Morris and McLain voted NAY, whereupon, the motion failed for lack of a majority vote.
Commissioner Morris stated he would ask the attorney to insert language in Section 5, dealing with construction of the Chapman Road transmission line, that burial be contemplated and negotiated with FPC in a cooperative manner.
Upon inquiry by Chairman Henley, Commissioner Morris stated he feels that putting lines up and then taking them down is foolish. He said it may be a minimum of one or two years before those lines will go up and they have that time to work on accurate finances from FPC. The County can then come up with a taxing formula or financial formula that the citizens can live with.
Motion by Commissioner Morris to approve the settlement agreement, as amended, with FPC regarding Chapman transmission lines.
Mr. Gebaide stated the representatives of FPC have just indicated they would like to work out the language at this time.
Commissioner McLain stated he has some additional language that he would want staff to include in the agreement.
Commissioner Morris stated he will withdraw his motion as he would like to hear what language Commissioner McLain would want to add.
Commissioner McLain stated he would like for staff to stipulate that FPC would agree to try to obtain from the Public Service Commission a power easement over those four parcels prior to installing lines.
Mr. Gebaide stated he feels that FPC would object to that language on the basis of what their representative said to him earlier.
Mr. McMillan recommended that the Board take a break to give them an opportunity to come up with the proper language.
Commissioner Morris left the meeting at this time.
Mr. McMillan advised the Board approved the Offers of Judgement for the Florida Rock Industries case (Item #4) and he would like the Board to go ahead and approve the settlement in the total amount of $177,500, including the attorneys’ fees and costs, so they do not have to put this issue on the agenda for a second time.
Motion by Commissioner Maloy, seconded by Commissioner McLain to approve settlement of the Florida Rock Industries, Inc. issue in the amount of $177,5000, including attorneys’ fees and costs.
Districts 1, 4 and 5 voted AYE.
Chairman Henley recessed the meeting at 11:00 a.m. to allow both parties time to come up with the proper language for the FPC Settlement Agreement, reconvening at 11:12 a.m. with all Officials present, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen. Chairman Henley left the order of the agenda to go to the County Manager’s Consent Agenda while Mr. Gebaide was still in a conference with the Florida Power & Light representatives.
COUNTY MANAGER’S CONSENT AGENDA
Chairman Henley advised that Item #37, Award A/B-383/JV, has been withdrawn from the agenda as staff needs to evaluate the bids and will bring the item back in two weeks.
Commissioner McLain advised Mr. Grace that he would appreciate knowing before the public hearing that an item has been withdrawn.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize the following:
6. Approve and authorize Chairman to execute Street Lighting Agreement, as shown on page __________, with Florida Power & Light for light pole and light at C.S. Lee Park.
7. Approve the five (5) Bryne Grant proposals, matching funds of $50,806 for the Sheriff’s Office; and authorize Chairman to execute all required grant documents, as shown on page __________.
8. Approve and authorize Chairman to execute Mutual General Release, as shown on page __________, between Seminole County and the City of Sanford relating to the Cone Constructors, Inc. settlement for construction claim on Sanford Avenue.
9. Approve and authorize Chairman to execute Second Amendment, as shown on page __________, to Hartman & Associates in the amount of $15,509.83 for additional services performed beyond original Phase I work with implementation of the Utility Business Plan.
10. Approve and authorize Chairman to execute Special Category Grant Application, as shown on page __________, which will allow Seminole County to compete for $250,000 from the Florida Department of State, Division of Historical Resources.
11. BCR #00/97 in the amount of $50,000 – Planning and Development – Building: Fund 10400 – Development Review Fund. Transfer to cover the unanticipated volume of refunds as a result of the continued pace of development activity.
12. BCR #00/98 in the amount of $150,000 – Environmental Services – Planning/Engineering: Fund 40100 – Water and Sewer Fund. Additional funding for the Lake Monroe WTP upgrade project. Project scope was expanded to include improvements to one existing on-site well. The project is needed to expand the design capacity of the WTP to maintain levels of service in the Lake Monroe and I-4 Industrial Park service areas.
13. BCR #00/99 in the amount of $65,000 – Library and Leisure Services – Parks and Recreation; Fund 11000 – Tourism Development. Transfer funds to the correct account line for the paving of the Sylvan Lake parking lot.
14. BCR #00/100 in the amount of $370,000 – Public Works – Stormwater: Fund 130000 – Stormwater Fund. Transfer funds to cover both the construction and CEI services for Indian Mound Village Neighborhood Drainage Project. The funds were budgeted to the master CIP project. This transfer is to accommodate accounting for expenses at the specific project location.
15. BCR #00/101 in the amount of $13,599 – Library and Leisure Services – Parks and Recreation: Fund 00100 – General Fund. The bid price for the Red Bug Lake restroom facility was higher than anticipated. Sufficient savings have accumulated in the capital equipment account line to transfer to the project.
16. BCR #00/102 in the amount of $2,203 – Environmental Services – Water and Wastewater: Fund 40100 – Water and Sewer Fund. Transfer to install stairs, handrails and gates allowing safe access to monitoring equipment by chlorine contact chambers and airbays at Northwest Area Regional WWTF as directed by the Seminole County Safety Department. Transfer is funded through savings in the equipment account line. Modifications were made to an existing trailer, indefinitely delaying the need for a new trailer. Total savings were $7,604.
17. BCR #00/103 in the amount of $120,040 – Planning and Development – Building/Administration: Fund 00100/10400 – General Fund, Development Review Fund. The implementation of the H.T.E. system along with the previous backlog of the countywide addressing system has resulted in an overflow of work. This now poses concern and risks as it relates to the E911 system. Request transfer to utilize three temporary technicians.
18. BCR #00/104 in the amount of $108 – Planning and Development – Administration: Fund 12804 – Library Impact Fee Fund. To create a refund account line in the Library Impact Fee Fund to properly account for refunds.
19. BCR #00/105 in the amount of $2,609 – Planning and Development – Administration: Fund 12601 – Road Impact Fee Fund. To create a refund account line within the Road Impact Fee Arterial Fund to properly account for refunds.
20. BCR #00/106 in the amount of $527 – Planning and Development – Administration: Fund 236702 – Road Impact Fee North Fund. To create a refund account line in the Road Impact Fee Collector District Fund to properly account for refunds.
21. BCR #00/107 in the amount of $344 – Planning and Development – Administration: Fund 12801 – Fire/Rescue Impact Fee Fund. To create a refund account line in the Fire/Rescue Impact Fee Fund to properly account for refunds.
22. BCR #00/108 – Capital Redesignation – Public Safety – EMS/Fire/Rescue: Fund 12801 – Fire Impact Fee Fund. Redesignation of funds to process the final payment to San Joaquin for repairs to the Public Safety helicopter.
23. BCR #00/110 in the amount of $30,000 – Tourism: Fund 11000 – Tourism Development. Accounting adjustment to move funds to accommodate added cost for website development under contract.
24. Approve and authorize Chairman to execute Satisfactions of Lien, as shown on page __________, for James D. Ewing, Lee Brothers Southeast, Inc., Mary L. Wickham, William and Pauline F. Klepper, Peggy C. Wassum, John K. Berthold, Frank B. Bondurant, Raymond K. Altizer, Joseph M. and Lillian A. Aguiar, and Michael E. and Mary R. Glasgow, for the Sierra Condominimum Stormwater Retention Pond Clean-up Municipal Services Benefits Unit (MSBU).
25. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Cheryl J. Lewis, for the Myrtle Lake Hills Road Paving and Drainage Municipal Services Benefits Unit (MSBU).
26. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Eva L. Clark for the Lake Mills Shores Roadway and Drainage Municpal Services Benefits Unit (MSBU).
27. Approve and authorize staff to schedule and advertise a public hearing to adopt a Resolution establishing the final assessments for the Coachlight Estates Street Lighting Construction MSBU.
28. Approve and authorize staff to schedule and advertise a public hearing to adopt a Resolution establishing the final assessments for the Springs Landing Street Lighting Construction MSBU.
29. Adoption of appropriate Resolution #2000-R-111, as shown on page __________, correcting and/or changing the level of service of one or more street lighting districts of the Seminole County Consolidated Street Lighting District Ordinance No. 99-57.
30. Award FC-1108-00/BJC, as shown on page __________, Indian Mound Village Neighborhood Retrofit Project, to Golden Eagle Engineering Constructors, Titusville ($299,278.00).
31. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page __________, for FC-158-98/BJC, Consumers Water Treatment Plant, Wells 6 & 8, with All Webb’s Enterprises, Inc., Jupiter.
32. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page __________, for FC-180-99/BJC, Fire Station No. 23/Peaco Place Lift Station, with Prime Construction Group, Inc., Orlando.
33. Approve Change Order #4, as shown on page __________, to FC-134, Lynwood Water Treatment Plant Construction and SW Service Area Improvements, with Wharton-Smith, Inc., Lake Monroe (-$54,775.00)(Time Extension).
34. Approve Amendment #9, as shown on page __________, to RFP-413-97/BJC, Custodial Services, with A1A Cleaning Services, Longwood ($5,626.00).
35. Approve Amendment #5, as shown on page__________, to RFP-414-98/BJC, Marketing Consultant Services, with Chernoff/Silver & Associates, Inc., Maitland ($30,000.00 increase to reimbursable expenses).
36. Award B/D-244-00/GG, Clearing, Removal & Transport of Soil at Yankee Lake Wastewater Treatment Plant to Southeast Demolition, Inc., Altamonte Springs ($53,375.00)
37. Withdrawal of Award of A/B-383/JVP, Sodium Hypochlorite, to HCI Clearwater Chemicals, Clearwater, (Primary); Odyssey Manufacturing, Tampa (Secondary), (Not-to-Exceed $240,000.00/year).
38. Approve Change Order #1 to Bid 213-98/JVP, Furnish one refurbished EH-1H Helicopter with Accessories, with San Joaquin Helicopters, Delano, Ca., ($33,679.00).
39. Approve Amendment #1, as shown on page __________, to M-107-99/BJC, Wet Retention Pond Design and Outfall Improvements Agreement, Wekiva Springs State Park, with CPH Engineers, Inc., Orlando (Time Extension).
40. Approve and authorize the Chairman to execute the Assignment, as shown on page __________, of M-46-98/BJC Master Lease Agreement for Computer Hardware from MLC Group, Inc., to ePlus Group, Inc., Herndon, Virginia.
41. Approve request to declare surplus and authorize the disposal of tangible personal property by public auction.
Planning & Development
42. Approve and authorize the Community Development Office to publish the proposed list of activities and Consolidated Plan Amendments for the 2000-2001 Consolidated Plan for a 30-day period to obtain public comment prior to final approval by the Board in July.
43. Approve and authorize the Chairman to execute Satisfaction of Mortgage, as shown on page __________, for Ramon and Rocio P. Ruiz for down payment assistance in the amount of $3,500, under the SHIP Program’s Home Ownership Assistance Program.
44. Approve and authorize Chairman to execute County Deed, as shown on page __________, and Bill of Sale, as shown on page __________, for conveyance of property and the sewer facilities underlying the Roseland Park sewer lift station to the City of Sanford.
45. Approve and authorize Chairman to execute Satisfaction of Mortgage, as shown on page __________, for Ulysses S. and Sonia Ward for down payment assistance in the amount of $3,000, under the SHIP Program’s Home Ownership Assistance Program.
46. Approve termination of the lease agreement with Midway Citizens Against Drugs, Inc. (MCAD) for use of the Midway Community Center; and authorize staff to issue a Request for Proposals to re-offer the facility for lease.
Building and Fire
47. Adoption of appropriate Resolution #2000-R-112, as shown on page __________, renaming Onoro Street to Onora Street; located within the plat of Crystal Park and Palm Park.
48. Approve Minor Plat of Danube Villa; located approximately ˝ mile south of SR 434 and two blocks east of Palm Springs Road on the north side of Carlton Street, east of Allison Avenue (Laslo Barcza and Andrea Balczo).
49. Approve and authorize Chairman to execute Addendum, as shown on page __________, to the Seminole Community College/Seminole County Joint Facilitation of Public Infrastructure Old Lockwood Road Agreement.
50. Adoption of appropriate Resolution #2000-R-113, as shown on page __________, accepting a QuitClaim Deed, as shown on page __________, from Mary Jane Flynt Barbour and Barbara Jean Flynt Ray to Seminole County for roadway improvements to First Street.
51. Adoption of appropriate Resolution #2000-R-114, as shown on page __________, accepting a QuitClaim Deed, as shown on page __________, from the City of Sanford to Seminole County for roadway improvements to Lake Cochran Road, a/k/a Cochran Road.
52. Approve and authorize Chairman to execute the Purchase Agreement, as shown on page __________, for a Permanent Drainage Easement over the "Young" property for the implementation of the Myrtle Lake Emergency Outfall Project.
53. Approve and authorize Chairman to execute the Railroad Crossing Improvement Agreement, as shown on page __________, for North Street/Charlotte Street.
54. Approve and authorize Chairman to execute the USA Women’s National Team Softball Exhibition Agreement, as shown on page __________, between Seminole County and the City of Altamonte Springs (promotional funds $10,000).
55. Approve and authorize Chairman to execute Safehouse of Seminole 3x3 Challenge Agreement, as shown on page __________, between Seminole County and Safehouse of Seminole, Inc. (promotional funds $5,000).
Districts 1, 2, 4, and 5 voted AYE.
Deputy County Manager Cindy Coto addressed the Board to present the request for approval of the Historic Sanford Memorial Stadium Funding Agreement between Seminole County and the City of Sanford to fund renovations to the Historic Memorial Stadium in the amount of $400,000 at $40,000 per year for ten (10) years. She advised of a concern the City of Sanford has regarding the termination section of the agreement which states the agreement can be terminated by eitherparty. She said this language is consistent with language that is typically put into other County agreements. Discussion ensued with Commissioners McLain and Chairman Henley.
Upon inquiry by Commissioner McLain, Ms. Coto reviewed the list of things the City is required to do annually.
Ms. Coto stated the City has requested the language that it is by mutual consent that either party can terminate. She said another issue by the City is regarding Section 5F of the agreement relating to the funding sources, which states that the County’s grant funding would be reduced by any other funding that the City of Sanford receives. She explained that the City would like this particular section to exclude the $200,000 if they are successful in receiving it during this legislative session, as it is already in the process. Ms. Coto said staff does not have an objection, but this is a decision of the Board.
Chairman Henley stated he thinks the intent of the Board was for any amount beyond the $200,000 that the City receives. He said that could easily be done by amending the language.
Sanford City Mayor Larry Dale addressed the Board to state on the mutual termination, they don’t mind a clause saying subject to availability of funds, but they would like the termination to be mutual beyond that because the City has secured a line of credit from the bank. He said he thought when he first came to the County, they presented a budget that would include $500,000 from the State and $150,000 from private funding sources. He thought they had agreed if the City raised any money beyond that, it would reduce the County’s amount by that amount.
Whereupon, Commissioner Morris said Chairman Henley interpreted correctly that the meaning was if the City came up with additional funding beyond the day of the request from the County. Discussion ensued with Mayor Dale. Commissioner Morris said mutual consent implies obligating a future commission to an action that could be initiated by an action by Mayor Dale. He asked for clarification on whether this is required or just something Mayor Dale would like to have. Commissioner Morris stated this is not something the County typically does. He said he fully supports this item but mutual consent bothers him.
Chairman Henley stated with the language as it is now, the County can opt out but if the language is changed, the County may not have that right, and he thinks that’s what the Commissioners are concerned about.
Mayor Dale said he thinks it is important to have a commitment that the money is going to come, subject to the availability of funds. He said if there is an opt-out clause for one party, then three votes can decide they are not going to pay anymore. Discussion continued.
Chairman Henley stated he can support a change in dollars, but he is very reluctant to change the language on the termination because it is standard language used for everybody else.
Commissioner Morris stated the Commissioners can do a prioritization language with the Tourism Development Board the same way the Zoo funding is taken off the top every time. Whereupon, Chairman Henley said the Board should have input from the Tourism Development Commission before they enter into that.
Commissioner Maloy said he agrees with Commissioners Morris and Henley.
Commissioner Morris said he thinks there is nothing wrong with going back to the Tourism Development Commission who strongly supported this funding and wanted more money. He said they could ask the TDC to prioritize this in their future budgets. Whatever can be done can be given to Mayor Dale and he can use that in his funding mechanism. Further discussion continued.
Sanford City Manager Tony VanDerworp addressed the Board to ask if Section 5 (f), page 4 of the funding agreement, could include language stating under the terms and conditions of Exhibit A or reference Exhibit A. He said this takes care of the issue because that exhibit qualifies the funding.
Under discussion, Chairman Henley clarified as he understood the amending language and stated that is different than what he thought the Board had discussed with the City.
Whereupon, Commissioner McLain explained the original agreement and what happened after the City did not receive the full funding from the State. He advised the City is going to commit an additional $68,000.
Commissioner Morris said he understands what is happening and he can support the amending language and the other suggestion relative to discussion with the TDC.
Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the Chairman to execute the Historic Sanford Memorial Stadium Funding Agreement, as shown on page __________, as amended, between Seminole County and the City of Sanford to fund renovations to the Historic Memorial Stadium in the amount of $400,000 at $40,000 per year for ten (10) years; with a change in Section 5 (f) to include Exhibit A as a condition of Section 5 (f).
Under discussion, Commissioner Maloy said he thinks this project has a lot of potential for Sanford. He asked about the functionality of the project, how potential impacts on the neighborhoods would be addressed, and if the City was looking at directional lighting. He said he wanted to have a comfort level that some of these secondary affects of a stadium don’t generate negative impacts.
Mayor Dale answered that they have worked diligently with the School Board and will have an agreement with them on parking and believes they will have sufficient parking. There will be a lighted field and there is going to be some affect of that, but he will do all he can to minimize it. He said they must have sufficient, appropriate lighting and an address system. He said the City spent a considerable amount of money on directional lighting.
Districts 1, 2, 4, and 5 voted AYE.
Chairman Henley returned to Item #1 of the County Attorney’s Consent Agenda.
COUNTY ATTORNEY’S CONSENT AGENDA, Continued
Mr. Gebaide reported from the consultation with Florida Power Corporation that the proposed language is: (1) the County and Florida Power Corporation will enter into discussions regarding the feasibility of undergrounding lines along Chapman Road in a manner consistent with the time frame set forth in the agreement. These discussions shall be completed by December 31, 2000. (2) Florida Power Corporation agrees to work with the County in an attempt to acquire additional easements necessary to allow construction of the lines in the final four-lane configuration.
Commissioners Morris and McLain said that satisfies their concern.
Commissioner Morris stated he wants Florida Power Corporation and County staff to recognize that the Board is not authorizing any widening at this time. He said if the service levels reaches 20,000 trips, then this item would come back to the Board for action. If this is a constrained road, it is important to understand the Board may not be widening this road. He said he has not heard from any member of the Board who is in favor of widening the road.
Motion by Commissioner Morris, seconded by Commissioner McLain, to approve the Settlement Agreement, as amended today, as shown on page __________, with regard to Florida Power Corporation v. Seminole County.
Under discussion, Commissioner Morris clarified that in his discussion of the motion, he was referring to Level of Service E.
Districts 2, 4, and 5 voted AYE.
Commissioner Maloy voted NAY.
Commissioner Morris added that he thinks the Board needs to be fully informed of what is occurring. He explained that some E-mails and letters he received were incorrect. He asked to be fully informed as staff goes forward and joint meetings are held with homeowner groups. He wants to know when those are scheduled so the Board can have input. He stated these should be posted as public meetings so the Commissioners are aware of what is occurring.
Chairman Henley stated some of the suggestions that came in the letter (copy received and filed) to him might improve the situation in the interim before the widening of the road. He asked for staff’s reaction to this letter.
Commissioner Morris said because of the extended range of the road and the funding being set up, Mr. McCollum might go a little further to give the citizens a better sense of the priorities and perspectives. He said Mr. McCollum can come back with the plan for the enhancements and a designated plan of rerouting the money for alternative purposes; and bring back the initiative for this funding to transfer to other road funding projects. The Board will fund the money later when Chapman Road needs to be widened.
Mr. McCollum stated he will review the suggestions by the residents and will be glad to implement what he can. He said if the Board looks at interim improvements, they might also like to look at some landscaping.
Commissioner Morris noted that the construction money can be used for other projects and that should give a great level of comfort to the residents. He said he would like to see that plan come back to the Board also.
Commissioner McLain suggested moving up the paving program on dirt roads, if the funds can be used for that.
Commissioner Maloy reminded the Board that in about a year, construction will begin on SR 434 and 426 and they don’t know what kind of impact that will have on Chapman Road. There is a school coming in and it will need sidewalks. He said staff might want to explore options on putting in the sidewalks. He stated safety is an issue on this road also and whatever is done needs to done prudently, keeping in mind the school issues coming in and the impacts.
REGULAR AGENDA, Continued
Ms. Coto presented request for approval to reduce the Code Enforcement lien on property located at 3500 Highway 17-92 North, Lake Mary, Florida, to the fixed sum of $50,000; and authorize Chairman to execute the Order Reducing Lien; Estate of Katherine C. Wells.
Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve reducing the Code Enforcement lien on property located at 3500 Highway 17-92 North, Lake Mary, Florida, to the fixed sum of $50,000; and authorize Chairman to execute the Order Reducing Lien, as shown on page __________.
Districts 1, 2, 4, and 5 voted AYE.
Matt West, Principal Planner, addressed the Board to present request for waiver to subdivision platting for property located on the south side of Mikler Road at the Central Florida GreeneWay, Joyce Schoening, applicant.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve a three-parcel plat waiver for property located on the south side of Mikler Road at the Central Florida GreeneWay, Joyce Schoening.
Districts 1, 2, 4, and 5 voted AYE.
Mr. West presented the request for a plat waiver for property located at the intersection of SR 426 (Aloma Avenue) and Mikler Road on the northeast corner, Aloma Self Storage, applicant.
He advised staff is recommending approval.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve a plat waiver for a three-lot commercial subdivision known as Aloma Self Storage located at the intersection of SR 426 (Aloma Avenue) and Mikler Road on the northeast corner, Aloma Self Storage.
Districts 1, 2, 4, and 5 voted AYE.
CLERK’S CONSENT AGENDA
Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page __________, dated April 25 and May 2, 2000, and Payroll Approval List, as shown on page __________, dated May 11, 2000.
2. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Troy Ackerly, Case #99009274MM - $200
Dennis L. Baldwin, Jr., Case #99002513CFB - $200
Rachels S. Barrera, Case #99010379MM - $100
Gregory Scott Bennett, Case #00001454MM - $100
Bernadette Bertrand, Case #98000129MM - $100
Christopher J. Brown, Case #00001013MM - $200
Rickey Caldwell, Case #90001270CFA - $700
Noel Chesse, Case #99010749MM - $100
Roy Collins, Case #99003248MM - $200
Louisa Davis, Case #99003362MM - $200
Donald L. Doyon, Case #99009722MM - $200
Shelly M. Foxman, Case #98002529MM - $250
Mecca D. Hedman, Case #98000898CFA - $200
Richard Lawrence Hudson, Case #98002560CFA - $200
Loria Jackson, Case #92002839CJA - $50
Doris Laforce, Case #99008713MM - $200
Arnold P. Land, Case #99005040MM - $200
John H. Lapointe, Case #99000337MM - $200
Cheryl A. Lebeau, Case #00000620MM - $200
Nellie Lockhart, Case #98001705CFA - $350
Richard A. Malenchek, Case #99002474MM - $200
Sergio R. Martinez, Case #99011531MM - $200
Mackie L. Montgomery, Case #96000241CFA - $200
Brant L. Oquin, Case #99011548MM – $200
John Puik, Case #99002441CFA - $100
Benjamin Rios, Case #99004620CFA - $200
Jack Edward Selph, Case #91000022CFA - $100
Jack Edward Selph, Case #94001362CFA - $200
Daniel Sierra, Case #98002682MM - $200
Felix Singh, Case #98000891CFA - $200
Robert L. Smith, Case #99011600MM - $200
John E. Spencer, Jr., Case #99003398MM - $200
Natalie J. Thayer, Case #99007288MM - $200
Sylvia L. Watson, Case #99001455CFB - $300
Aaron T. Williams, Case #99004131CFA - $200
Nicklaus Williams, Case #99004460MM - $200
James E. Worrell, Case #99006832MM - $100
Patrick W. Wright, Case #99003249CFA - $100
3. Approval of Official BCC Minutes dated April 25, 2000.
Districts 1, 2, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk’s "received and filed":
1. Final Master Plan Developer’s Commitment Agreement, as shown on page __________, for Aloma Square PUD as approved by the Board on November 23, 1999.
2. Development Order #99-1239, as shown on page __________, for CFG Real Estate Group rezone as approved by the Board on December 14, 1999.
3. Change Order #1, as shown on page __________, to FC-136-98.
4. Work Order #5, as shown on page __________, to RFP-471-99.
5. Work Order #13, as shown on page __________, to PS-538-99.
6. First Amendment to Work Order #4, as shown on page __________, to RFP-471-99.
7. Structural Engineering Services Agreement (M-151-00/BJC), as shown on page __________, with Engineering Technologies Consulting Engineers.
8. Construction Contract Agreement (M-148-00/BJC), as shown on page __________, with Bolena Construction, Inc.
9. Assignment of Surveying Services Agreement (M-103-99/BJC), as shown on page __________, with Engineering & Environmental Design, Inc. and Shannon Surveying.
10. Private Road Maintenance Bond, as shown on page __________, in the amount of $15,0234 for Alaqua Lakes Phase V.
11. Maintenance Bond, as shown on page __________, for water & sewer facilities in the amount of $6,566 for Alaqua Lakes, Phase V.
12. Maintenance Bond, as shown on page __________, for water & sewer facilities in the amount of $24,071.63 for Aloma Wood Phase 7 n/k/a Bear Stone.
13. Maintenance Bond, as shown on page __________, for water & sewer facilities in the amount of $15,142 for Aloma Woods Phase 6, n/k/a Cedar Glen of Aloma Woods.
14. Memorandum to Kevin Grace, County Manager, from Sandy McCann, Commission Records Supervisor, regarding outstanding BCC documents.
15. Letter to Commissioner Randall Morris from Lonnie Groot, Shutts & Bowen, regarding Patel PCD rezoning.
16. Letter to Maryanne Morse, Clerk of Circuit Court, from Richard Wells, Community Development Director, City of Casselberry, regarding Ordinance Nos. 00-977 & 00-978.
17. Memorandum to Sandra McCann from Jerry McCollum, County Engineer, submitting into the Record Drainage Easement, as shown on page __________, for James L. Patterson (approved by BCC on 9/14/99).
18. Letter to Mr. Ray Eubanks, Florida Dept. of Community Affairs, from Dick Boyer, Senior Planner, submitting replacement pages for the Seminole County adopted 1999 CIE.
19. Operational Audit made of the Acquisition and Disposition of Equipment related to Lake Apopka Restoration by the St. Johns River Water Management District and the Florida Dept. of Management Services.
20. Letter to Maryanne Morse, Clerk of Circuit Court, from St. Johns River Water Management District, submitting a list of equipment declared surplus by the Governing Board of the St. Johns River Water Management District.
21. Letter to Maryanne Morse, Clerk of Circuit Court, from Robert Bertram, Time Warner Communications, submitting Certification of Gross Receipts of Time Warner Cable.
22. Seminole County Sheriff’s Office FY 2000/01 Budget Proposal, as shown on page __________.
23. Mutual Termination of Work Order #2, as shown on page __________, to PS-516-98.
24. First Amendment, as shown on page __________, to Work Order #21 to PS-518-98.
25. Bids as follows: 244-00/GG; B/D-245-00/GG; A/B-383-00/JVP; PS-566-00/BJC; and FC-1112-00/BJC.
SHERIFF’S CONSENT AGENDA
Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the following:
64. Adoption of appropriate Budget Amendment Resolution #2000-R-115, as shown on page __________, in the amount of $2,600, Sheriff’s Office, Fund 00101 – General Fund; Student Police Academy Program in Seminole County.
65. Adoption of appropriate Budget Amendment Resolution #2000-R-116, as shown on page __________, in the amount of $8,400, Sheriff’s Office, Fund 00101 – General Fund; Youth Referral Education and Aftercare Counseling Program.
66. Chairman to execute the Grant Application and associated grant documents, as shown on page __________, for the U. S. Department of Justice, Cops in Schools Program; and authorization to process all associated grant documents.
Districts 1, 2, 4, and 5 voted AYE.
CIRCUIT COURT/JUDICIAL CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner McLain, to approve and authorize the Chairman to execute the Civil Domestic Division Contract GZ804, as shown on page __________.
Districts 1, 2, 4, and 5 voted AYE.
The Board, thereupon, recessed at 12:08 p.m., reconvening at 1:32 p.m., this same date with all Officials, (with Commissioner Morris being late), with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Maloy to accept proofs of publication for this meeting's scheduled public hearings into the Official Record.
Chairman Henley surrendered the gavel to Commissioner Maloy for the purpose of seconding the motion.
Districts 1, 4 and 5 voted AYE.
The gavel was returned to Commissioner Henley who assumed the position of Chairman.
Commissioner Morris entered the meeting at this time.
EXPANSION OF CLUB II BORROW PIT/Bishop & Buttrey
Proofs of publication, as shown on page ________, calling for a public hearing to consider request for an Expansion of Club II Borrow Pit; property described as located at the northwest corner of SR 46 and Brisson Avenue, Bishop & Buttrey, Inc., received and filed.
Commissioner Morris stated he just spoke with the County Attorney relative to this item and there appears to be a potential conflict of interest regarding this issue. Therefore, he will not be voting on this issue and he will be filing the appropriate forms. Commissioner Morris left the meeting at this time.
Mahmoud Najda, Development Review Manager, addressed the Board to advise the applicant is requesting approval to excavate an additional 800,000 cubic yards of dirt to expand the existing borrow pit. He stated the applicant is requesting a variance to allow zero setbacks along the northeast, south, northwest, and west property lines. The currently approved setback is 50 ft. along the mentioned boundaries. He said staff has no objection to granting a zero setback along the northeast and south property lines provided that the applicant provide acknowledgement letters from the adjacent property owners agreeing to the request. However, staff does not support the zero setback along the west and northwest property lines due to the presence of single family residential homes.
Mr. Najda stated staff recommends approval of the borrow pit expansion subject to the following: (a) Operating hours to be between the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday for the life of the permit; (b) Post a bond in the amount of $240,000 to cover any damage to County roads and to ensure that the pit is operated in compliance with County regulations and the approved plans, and moreover, post a $30,000 reclamation bond. The reclamation bond shall be in effect for a period of two (2) years after completion of the borrow pit excavation and encompasses the entire borrow pit; (c) Haul route to be east and west on SR 46. No trucks to use Brisson Avenue or Celery Avenue except for delivery to projects on or accessed from those streets; (d) Provide water truck on site or central irrigation system for erosion control; (e) Provide a drainage easement over the entire area of the borrow pit for water storage from the offsite ditch located along the western side of the borrow pit; (f) Dewatering discharge shall be maintained within the proposed rim ditches within the site; (g) Dedicate 40 ft. half right-of-way from the center line of Brisson Avenue west. The County records indicate that no right-of-way has ever been deeded to Seminole County; and (h) Items b, e, & g above must be executed after Board approval of the expansion but prior to the issuance of the construction permit.
Upon inquiry by Commissioner McLain, Mr. Najda advised there is no public right-of-way on Brisson Ave. The applicant is requesting that the expansion include 20 additional acres. They have a $25,000 bond on the existing 80 acres and the code requires $1,500 bond per acre, so the bond should be in the amount of $150,000.
Upon inquiry by Commissioner Maloy, Mr. Najda advised the applicant is proposing to have a 6:1 slope, which is a typical requirement for retention ponds. Ponds with 6:1 slope begin at the property line and staff is objecting to that and would like for them to maintain a 50 ft. setback. Discussion ensued relative to the setback requirement.
Mr. Najda stated the maintenance of the borrow pit will be the responsibility of the property owner. A 20 ft. drainage easement is located along the City’s boundary line.
Mr. Najda discussed with Commissioner McLain the ability to travel around the pond. He submitted an aerial map showing the profile of the slope and maps highlighting the proposed site.
John Buttrey, applicant, addressed the Board to clarify what his intention is on the slope.
Mr. Najda stated yesterday afternoon he received letters from additional property owner on the west side indicating their approval of the zero lot line.
Mr. Buttrey stated he would like the Board to approve the zero setback, which is a 12 ft. setback around the western residential area. He added he doesn’t have a problem with the $150,000 reclamation bond, but feels that the $240,000 bond for County road damage is a little unreasonable.
Upon inquiry by Commissioner McLain, Mr. Najda advised the reclamation bond is based on cubic yards.
Mr. Buttrey stated he is requesting that they be allowed to go to the zero setback around the residents along the western property line. He said part of that property has the same land owner that owns this tract in the city. He added he would request a 12 ft. setback from the drainage easement in that area. He stated he doesn’t feel it will affect any homeowners at all.
Mr. Najda indicated on the map where the drainage easement is located and stated he doesn’t have any objections to Mr. Buttrey’s request since it is the same property owner.
Upon inquiry by Commissioner McLain, Mr. McMillan advised if the County constructed the road and maintains it, then they would probably retain the right-of-way by prescriptive rights.
District Commissioner McLain advised he would recommend the $150,000 reclamation bond and keep the bond for road drainage at $240,000.
Upon further inquiry by Commissioner McLain, Mr. Buttrey advised BGM Mining is the owner of the parcel on the southwest corner.
Upon inquiry by Commissioner McLain, Mr. Najda advised staff would have no objections to this request provided that BGM Mining submits a letter regarding the zero setback.
No one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the Expansion of the Club II Borrow Pit; property described as located at the northwest corner of SR 46 and Brisson Avenue, as described in the proof of publication, Bishop & Buttrey, Inc., subject to the adjustments indicated by staff and a letter to be submitted by BGM Mining indicating their approval.
Districts 1, 4 and 5 voted AYE.
Chairman Henley indicated that Commissioner Morris abstained from voting. He stated Commissioner Morris will be submitting a Memorandum of Voting Conflict Form, as shown on page ________.
Commissioner Morris reentered the meeting at this time.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located on the west side of SR 426, north of Mikler Road; approve associated preliminary site plan; and approve development order placing staff-requested conditions upon the rezoning and site plan approval, George Viele, received and filed.
Gary Schindler, Senior Planner, addressed the Board to advise the applicant is proposing to develop an office/warehouse development with some retail uses. He stated initially staff and Mr. Viele concurred with all of the conditions (a-g) of the development order with the exception of Item #2 relating to billboards being a prohibited use on the property. However, Mr. Viele has indicated that he now concurs with that condition. Mr. Schindler reviewed the conditions as outlined in the development order. He submitted a fax (received and filed) from Mr. Steven Ratcliff and Wentworth Estates Homeowners Association concerning some of the uses. He said since this is an industrial land use, staff is less concerned about the uses that are proposed with the exception of the outdoor advertising signs than with making sure that there is adequate onsite parking. That issue can be addressed at the final PCD site plan.
George Viele, applicant, addressed the Board to state he has worked with staff over the last several months and he believes they have come up with a recommendation that both parties agree upon. He stated his intent is to build a 4 building complex that is not designed to accommodate any heavy industrial uses but for a more light industrial use. He said a lot of uses listed by Mr. Ratcliff have been answered. He stated Exhibit A is the legal description and he would like to submit a new Exhibit A (not received and filed) showing a better description. This will also reflect the right-of-way dedication by FDOT for realignment and expansion of Aloma. He stated he would recommend using this new exhibit in the development order.
Upon inquiry by Chairman Henley, Mr. Schindler advised staff concurs with the new exhibit since it is a more accurate description.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2000-26, as shown on page ________, to rezone property located on the west side of SR 426, north of Mikler Road from A-1 to PCD; approve associated Preliminary Site Plan; and approve Development Order, as shown on page _________, placing staff-requested conditions upon the rezoning and site plan approval, as described in the proof of publication, George Viele.
Districts 1, 2, 4 and 5 voted AYE.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling District); property located at the southeast corner of Dike Road and Grand Road; and (1) enter Development Order denying the proposed rezoning or (2) enact Development Order approving the rezoning, Max Sabeti, received and filed.
Tony Matthews, Principal Planner, addressed the Board to advise staff believes that the R-1 zoning is not compatible with the surrounding development. Staff does, however, feel that R-1A zoning would be appropriate for the subject property. Staff’s findings are based on the following: (1) Compatibility with adjacent development and development trends; and (2) The proposed rezoning does not meet the minimum level of presumptive compatibility as provided in the "Lot Size Compatibility Ordinance" enacted by the BCC in 1998. According to the principles of determining compatibility, a weight of 8.17 has been determined for this property which equates a minimum of R-1A zoning to ensure compatibility. The Planning & Zoning Commission recommended denial of R-1 zoning, but unanimously recommended R-1A zoning with the findings that R-1A is consistent with the Lot Size Compatibility Ordinance analysis, and that there is no reason to override the analysis of the ordinance in regard to this rezoning request.
Max Sabeti, applicant, addressed the Board to submit an aerial map of the proposed site, and the outside and inside designs of the proposed homes. He stated he is proposing to build 20 to 21 homes on the proposed site. He advised that two developments to the northwest and southwest is zoned R-1A. He reviewed the price range of the homes in the Springview Subdivision and Howell Estates. He stated a water treatment plant is located to the north and that facility belongs to Seminole County. He reviewed the land uses of the surrounding areas. He stated his engineer has done a study (received and filed) and he reviewed the lot size compatibility for the requested zoning. He also briefly reviewed the floor plans of the proposed homes. He displayed and reviewed an aerial map showing the location of the electrical power lines. He stated he is proposing to construct a wall behind some of the lots that show up in the layout submitted. He added there are some nice trees on this property and he is proposing to preserve as many of those as he can.
Commissioner Maloy discussed with Mr. Sabeti the issue of staff looking at the site as industrial property with the heavier weight and preserving the trees.
Upon inquiry by Commissioner Maloy, Mr. Matthews advised that the power line easement south of Grant Road was taken into account with regard to the lot compatibility study.
Jean Carruth, 8595 S.E. 123 Court, addressed the Board to state she is the owner of the property and she, her father and grandfather planted every tree on that property. She stated people who have moved in the area might want to deprive her of selling the property for a use that she already pays taxes on. She requested the Board to rezone the property to R-1.
Linda Lubitz, 1032 Lund Ct., addressed the Board to speak in opposition of the proposed request. She stated she wrote a letter to Millard Fuller, founder of Habitat for Humanity, about the possibility of planting a tree at each Habitat home and she read the Habitat for Humanity’s response (not received and filed). She discussed the issue of cutting down the trees in the area.
Upon inquiry by Commissioner Morris, Mr. Dwyer advised the information that Mr. Sabeti showed him does not change their analysis. He stated staff analyzes the property from the constraints of the compatibility ordinance. It requires them to use the zoning classification as a subject of the analysis. Staff cannot assume that would be C-1 use.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Maloy stated in looking at the situation where the power line easement was not included in the measurements and the treatment plant to the north not being factored in, he doesn’t have a problem with R-1 zoning.
Motion by Commissioner Maloy to adopt an Ordinance to Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling District); property located at the southeast corner of Dike Road and Grand Road; and approve Development Order, approving the rezoning, as described in the proof of publication, Max Sabeti.
Chairman Henley surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.
Under discussion and upon inquiry by Commissioner McLain, Mr. Dwyer stated he believes the matrix came out the way it did because staff did not take the water treatment plant to the north of Dike Road into consideration. Discussion ensued.
Commissioner Morris stated he is more concerned with the nature of preserving the matrix and doing the analysis. He stated the P&Z Commission indicated that the evidence is not there. He would recommend allowing staff to review the data that was submitted to them.
Commissioner Maloy stated what it boils down to is do you take in account the close proximity of the property, the treatment plant and the power lines. If you consider the property to the north (A-1), then you would want something less dense than R-1A. There is evidence here which shows things that were not picked up in the ordinance. He stated he would assume that with expansion of the water plant, there would probably be more trucks coming and going. He added he feels the two, high intensity uses are going to stay as well as the power lines and that should be factored into this property. Discussion ensued.
Commissioner McLain stated he feels the ordinance on the matrix is never going to be perfect and staff has made a value judgement that the water plan should not influence the process one way or the other. He added he feels the matrix is upheld here because it indicates that the density should be no higher than those to the east. He stated he feels the Board should follow the P&Z and staff’s recommendation and move forward on this issue.
Commissioner Henley stated he cannot recommend R-1 zoning in that area and he feels the P&Z felt that R-1A zoning is more compatible than what is being requested. He stated changing the ordinance is not the issue today. That issue has to go through the proper channels.
Upon inquiry by Commissioner Henley, Mr. Gebaide advised the ordinance only guides staff’s recommendations and it does not bind the Board on a particular decision on a rezoning action.
Mr. Sabeti stated the ordinance does allow for staff and the Board to consider special situations such as the power lines and the water plant.
Marwan Naimah, Project Engineer, addressed the Board to discuss the warehouse along Dike Road and the water treatment plant.
District 1 voted AYE.
Commissioners Morris, Henley and McLain voted NAY, whereupon, the motion failed due to the lack of a majority vote.
The gavel was returned to Commissioner Henley, who assumed the position of Chairman.
Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt Ordinance #2000-27, as shown on page ________, to Rezone from A-1 to R-1A; property located at the southeast corner of Dike Road and Grand Road; and approve Development Order, as shown on page ________, approving the rezoning, as described in the proof of publication, Max Sabeti.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Henley stated the issues of the Courthouse, CM at Risk and the Juvenile Assessment Center are items that will be coming up soon, and he would like the Board members to contact the County Manager as to their vacation plans so he can schedule these issues at an appropriate time. He stated the Florida Association of Counties meeting is coming up and that will create an additional problem with the scheduling.
Commissioner McLain stated he has informed the County Manager that he will be out of town the week of June 26, 2000.
Chairman Henley stated he would like the Board’s thoughts on canceling the first meeting in July.
Commissioner Morris stated the first meeting in July is usually the lightest of the applicants filing applications. Since the budget work sessions are scheduled in July, he would recommend eliminating that hearing.
Mr. Grace stated he has checked the schedule for that meeting day and there are no public hearings scheduled to date.
The consensus of the Board was to cancel with the first meeting in July.
Chairman Henley stated the architects selection for the Courthouse and Juvenile Assessment Center needs to be scheduled and he has asked Mr. Grace to look closely at the off-date meetings.
Mr. Grace stated his goal is to try to schedule those with a full board.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were "received and filed":
40. Facsimile dated 5/22/00 to BCC from Ronald Cartwright re: Delaying decision on Chapman Road Issues. (cc: Co. Manager Deputy Co. Manager (Marino), Public Works)
41. Facsimile dated 5/21/00 to BCC from Peter Kovarik-Former President, Mayfair Oaks HOA and Barbara Cregan-Treasurer, Mayfair Oaks HOA re: Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
42. E-mail dated 5/20/00 to BCC from Tom Wilson re: Chapman Road Power Lines. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
43. Letter dated 5/21/00 to BCC from Mary Acken re: Chapman Road Power Lines. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
44. Letter dated 5/18/00 to Chairman from Michael Snyder, District Five Secretary re: SR 46 Multi-laning from Mellonville to Volusia Co. Line. (cc: Carolyn Ismart-FDOT, BCC, Co. Manager, Deputy Co. Managers (Coto/Marino), Public Works)
45. Copy of letter dated 5/18/00 to Kevin Grace, Co. Manager (with attached Conceptual Study) from Richard Wells, Community Development Director-City of Casselberry re: Downtown Development. (cc: Casselberry City Manager, BCC, Planning & Development Director)
46. E-mail dated 5/19/00 to BCC from Wes O’Reilly re: Chapman Road Power Lines. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
47. Notice of Planning & Zoning Public Hearing (Dimensional Variance) 6/1/00, City of Sanford.
48. E-mail dated 5/19/00 to BCC from Barry, Janette & Terri Baker re: Proposed settlement with Fla. Power (Chapman Road). (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
49. Notice of Public Hearing (with attached map) to change previously approved DRI – City of Oviedo 6/19/00.
50. Memorandum dated 5/16/00 to BCC from Suzy Goldman, Library & Leisure Services Director re: E-rate telecommunications discounts. (cc: Co. Manager, Clerk of the Circuit Court, Deputy Co. Managers (Coto/Marino), Information Technologies Director)
51. Memorandum dated 5/16/00 to BCC from Jerry McCollum, Co. Engineer re: Chapman Road Project-Public Hearings. (cc: Co. Manager, Deputy Co. Manager (Marino), Major Projects Manager)
52. Letter dated 5/16/00 to Chairman from Julie Culp re: Chapman Road. (cc: BCC, Co. Manager, Deputy Co. Manager (Marino), Public Works)
53. Letter dated 5/16/00 to Chairman from Mason Grower, III re: Widening of Chapman Road & Approving placement of 80’ power lines on Chapman Road. (cc: BCC, Co. Manager, Deputy Co. Manager (Marino), Public Works)
54. E-mail dated 5/17/00 to BCC from Michael Chambers re: Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
55. Letter dated 5/15/00 to BCC from Greta Meves re: Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
56. Letter dated 5/12/00 to BCC from Kristin Cleveland re: Concerns of the Chapman Road widening project. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
57. E-mail dated 5/16/00 to BCC from Bill Borkholder re: Chapman Road Project. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
58. E-mail dated 5/16/00 to BCC from Alan Darty re: Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
59. E-mail dated 5/16/00 to BCC from Althea & Grant Hudson re: Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
60. E-mail dated 5/16/00 to BCC from Kathy Duda re: Fla. Power Corporation Settlement vote for Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
61. Facsimile dated 5/15/00 to BCC from Gregory Moll re: Chapman Road. (cc: Co. Manager, Deputy Co. Manager (Marino), Public Works)
62. Memorandum dated 5/12/00 to Sandy McCann, Recording Secretary, from Kathryn Brown, Sr. Planner-One Stop Permitting re: Submissions into Official Records. (cc: Co. Manager, BCC, Environmental Services Director)
63. Letter dated 5/15/00 to Scott Kaylor, Chair Seminole Co. Soil & Water Conservation District from Jack Gaskins, Operation & Management Consultant-Dept. of Community Affairs re: Noncompliance Notice-Annual Financial Audit Report for FY 97/98. (cc: Local General Purpose Government Authority, Ted Sauerbeck-Office of the Auditor General, Steven Seibert-Secretary Dept. of Community Affairs, BCC, Co. Manager, Planning & Development Director)
64. Letter dated 5/9/00 to Congressman John Mica from Keith White-City of Maitland Vice Mayor, Terry Hotard-City of Winter Park Mayor, Russel Hauck-City of Altamonte Springs Mayor, Anthony Grant-Town of Eatonville Mayor re: Commuter Rail. (cc: Orange Co. Commission Chairman, Chairman of Lynx, BCC Chairman, Maitland City Council, BCC, Co. Manager, Planning & Development)
65. Copy of memorandum dated 5/17/00 to Maureen Landgraf, Engineering Analyst (with attachments) from Keith Roark, Road Project Acquisition Manager through Herb Zischkau, Assistant Co. Attorney re: Litigation support services expedited procurement. (cc: BCC, Purchasing Manager, Staff Appraiser)
66. Letter dated 5/15/00 to Chairman from Denny Emory, Metropolitan Systems, Inc. re: Public Seating Project. (cc: BCC, Co. Manager)
67. Letter to Holders of General Permits (with attachment) from Gloria Lewis, Director-Division of Permit Data Services, SJRWMD re: Publishing notices. (cc: BCC, Co. Manager, Deputy Co. Managers (Coto/Marino), Co. Attorney)
68. Letter dated 5/14/00 to Land Management Department from Greg Finnessy re: Osprey Lakes Subdivision. (cc: BCC, Co. Manager, Planning & Development Director)
69. Letter dated 5/15/00 to BCC (with attachments) from Shirlee Arrowood, Executive Staff Assistant, Orlando Service Center, Dept. of Water Resources, SJRWMD re: Permit #40-117-0208GM2-ERP. (cc: District Files, Engineering, BCC, Co. Manager, Stormwater Manager, Co. Attorney, Deputy Co. Managers (Coto/Marino)
70. Facsimile dated 5/18/00 to As Noted (with attached Executive Order) from Joe Meyers, Director, Fla. Division of Emergency Management re: Fire Danger. (cc: BCC, Co. Manager, Deputy Co. Managers Coto/Marino)
71. Letter dated 5/17/00 to Chairman (with attached brochure) from Lennon Moore, District Planning Manager-FDOT District V re: Development of FDOT 5 year work program for FY 01/02 through 05/06. (cc: BCC, Co. Manager, Planning & Development, Public Works, Deputy Co. Managers Coto/Marino)
72. Facsimile dated 5/17/00 to BCC from Dawn Bauder, FPL Permit Coordinator re: Application for permit. (cc: Co. Manager, Deputy Co. Managers (Coto/Marino), Public Works)
73. Letter dated 5/17/00 to Elizabeth Halback from Suzy Goldman, Library & Leisure Services Director re: Appreciation for recent donation. (cc: BCC)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Maloy stated about 1˝ months ago, the Board moved forward with an interlocal agreement with Winter Springs to bring Tuskawilla Phase One into the beautification district. He stated some of the homeowners have indicated that they do not like the concept of being annexed into the city.
Commissioner Morris stated the County needs to be crystal clear as to what their policy is.
Chairman Henley stated he would like the County Manager to contact the City of Winter Springs relative to this issue to let them know what their position is.
Commissioner Morris recommended sending something in writing.
Commissioner Morris stated the post office building located on CR 427 is an eyesore and needs to come down.
Upon inquiry by Chairman Henley, Commissioner Morris stated the City of Longwood has expressed their feelings on this building. He stated staff is looking at the cost of possibly destroying this building and he wanted to bring this issue to the Board’s attention in case anyone contacts them.
Commissioner McLain stated he received a letter (received and filed) from the Florida Livery Association asking the Board to consider a resolution supporting a bill to regulate livery vehicles, limousines, etc. He stated he would like staff to evaluate this issue and bring it back to the Board to see if this is something that the Board should endorse.
Commissioner Maloy updated the Board on the last Lynx Board meeting with regard to the new director search. He also discussed the issue of three new positions coming from Orange and Osceola Counties.
Upon inquiry by Commissioner Morris, Mr. Grace advised staff can submit an outline of the different options regarding the Lynx Board during the budget work sessions.
Commissioner Morris stated the Trails Committee has a series of recommendations to be submitted to the Board and staff is following up on that. He requested staff submit a report on the committee’s issues at the next meeting.
Commissioner Morris reported on the International Summit that was held in Orlando and advised there was a very good turnout and the guest speaker, Kathryn Harris, made a very good presentation.
Commissioner Morris stated the Regional Planning Council will be discussing the Regional Study at the June meeting and he anticipates that issue will go forward.
Commissioner Morris stated he will be attending the National Planning Councils’ meeting in Albuquerque, New Mexico next week.
COUNTY MANAGER’S REPORT
Mr. Grace advised he will be attending the FCCMA Conference in Jacksonville from May 24 through 27, 2000 and Mr. Jim Marino will be Acting County Manager.
The Chairman recessed the meeting at 3:23 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
WEKIVA RIVER PROTECTION-SEMINOLE ESTATES
Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of an Ordinance creating the Wekiva River Protection-Seminole Estates Overlay Zoning Classification, received and filed.
Chairman Henley advised this is the first public hearing and no vote will be taken tonight.
Senior Planner, Craig Shadrix, addressed the Board to state the Planning and Zoning Commission unanimously voted to continue moving this request forward. Mr. Shadrix said after a conference call with the 1,000 Friends of Florida today, staff feels good about the language distributed to the Board this afternoon. The revised Seminole Estates Overlay Zoning Ordinance was received and filed. He asked for the Board’s consideration for adoption.
Mr. Shadrix advised, if enacted, the ordinance is intended to: (1) Discourage existing platted properties from increasing their density or intensity of development greater than the existing lot size; (2) Prohibit the issuance of development orders and development permits in this area if the proposed development order or development permit would increase the density or intensity of development upon such parcels; (3) Establish a presumption that an application for an intensification of development density or intensity within said area is inconsistent with the County’s Comprehensive Plan objectives, goals and policies relative to the Wekiva River Protection Act and is inconsistent with the Wekiva River Protection Act’s mandate to maintain the Wekiva River Protection Area’s rural character in the aggregate; and (4) Require that the burden of proof rests upon the applicant for a development order or development permit to overcome said presumptions and to meet all other requirements such as the protection of natural resources, the protection of water resources, and the prevention of urban sprawl per Comprehensive Plan Policy 2.14.4.
Chairman Henley stated one Written Comment Form in support from Faith Jones, Seminole Estates Association, was received and filed.
Keith Schue, 30641 Edgewood Street, Central Florida Sierra Club, addressed the Board to state he has been working closely with Mr. Shadrix and has spoken with the 1,000 Friends of Florida and Ms. Jones, and he thinks they are getting into something that looks acceptable to everybody. He said they will continue that effort and at this point, he doesn’t see any problems with the proposed ordinance.
Howard King, 5772 Michelle Lane, addressed the Board to state he is very much in favor of this proposal. He referred to Page 4, Line 15, stating 107 lots and said there are four lots already subdivided for the purpose of agricultural exemptions. He asked for personal assurance that there can’t be two building permits on that five-acre lot that has been subdivided.
County Attorney, Robert McMillan, responded that separating a parcel for tax purposes does not separate the parcel for land development purposes.
Current Planning Section Chief, John Dwyer, addressed the Board to state staff does not see that as a loophole at all. He explained that properties are sometimes subdivided for mortgage or tax exemption purposes, but that does not give anyone a right to be issued a second building permit on the property. He said if this ordinance is adopted, it would preclude that from happening.
No one else spoke in support or in opposition.
The Written Comment and Speaker Request Forms were received and filed.
Motion by Commissioner McLain, seconded by Commissioner Morris, to continue this public hearing to June 13, 2000, at 7:00 p.m., or as soon thereafter as possible.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner Morris stated a lot of people are not aware of the County’s water restrictions and staff might try to make them aware of that by using Seminole Government TV.
Commissioner Maloy stated he heard Ruth LaLa, Water and Wastewater, on the radio and she did a very good job with this subject on the County’s restrictions.
Mr. Grace said he thinks the staff is already doing something on SGTV, but he will look into it as soon as possible.
ITEMS FOR FUTURE AGENDA
Bob Bugnacki, 5352 Orange Boulevard, addressed the Board to ask if the Commission had considered issuing a building moratorium because of the overcrowded schools.
Chairman Henley stated there have been no formal discussions about that. Commissioner Morris added that the County has not received a request from the School Board concerning this.
Mr. Bugnacki asked if the Board could do something about preserving Orange Boulevard (from SR 46 to CR 15) to keep it a two-lane road.
Commissioner Morris said the road is scheduled for some minor improvements, from SR 46 to CR 15.
Chairman Henley said he thinks it’s appropriate to ask the County Manager what his plans are. Commissioner McLain said he knows of no plans for expansion of Orange Boulevard. A brief discussion ensued.
Mr. Grace said he would look into this and see if any improvements are planned. Mr. Bugnacki clarified he is talking about the north side of SR 46.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:15 p.m., this same date.