BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, May 28, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)(Late)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)(Late)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
The Invocation was given by Deputy Clerk Carylon Cohen.
Commissioner Randy Morris led the Pledge of Allegiance.
Awards and Presentations
Commissioners
Grant Maloy and Dick Van Der Weide entered the meeting at this time.
Motion
by Commissioner Henley, seconded by Commissioner Maloy, to adopt appropriate Resolution #2002-R-91, as shown on page _______, in recognition of Dr. Gail Bonjione as Seminole County Teacher of
the Year 2003 and in appreciation for her twenty-nine years of dedication to
the students of Seminole County.
Districts
1, 2, 3, 4, and 5 voted AYE.
Dr.
Bonjione expressed her pleasure to be at the meeting and read comments on “What
Is a Teacher,” relating how she feels
about the teaching profession. She also read “The Ten Commandments of
Teaching” in honor of Commissioner Henley.
Dr. Bonjione expressed thanks for the Resolution and recognition and
asked the Board to call her if she can be of help in the following year.
Districts
1, 2, 3, 4, and 5 voted AYE.
County Attorney’s
Briefing
Legislative Update
County
Attorney Robert McMillan addressed the Board to state regarding Dodd Road, the
last two parcels have been obtained and all property for the project is now
either acquired or awaiting closing.
He
advised that the County received two judgments in favor of the County last
week, one with the billboard removal on 46A.
This is now final unless they choose to appeal. Regarding the Callin case, the County
received judgment in the County’s favor.
The only issue remaining is the value of the temporary taking of the
property during the period of time the County owned it. He said they are trying to work out the
stipulation on that value.
Mr.
McMillan reported he will miss the first meeting in June as he will be in
Seattle. His son is graduating, and he
and his wife will be on an Alaskan cruise.
Commissioner
Morris asked, regarding Item #18, if the landscaping improvements had been
completed for Tuskawilla Road that were lacking in the maintenance area.
County
Engineer Jerry McCollum addressed the Board to state the plants were replaced
last Thursday. He said they now have a
contractor working directly with a new subcontractor to make sure it is done on
a periodic basis. He said they are
lowering the amount of payment.
Commissioner
Maloy asked, regarding Item #17, Approve Change Order #11 to FC-161-99/BJC –
C.R. 427, Phases III and IV, if the County was recovering some of the funds for
tearing up and rebuilding the road due to the high water table.
Mr.
McCollum answered that when he read the soils report, there are there are all
kinds of qualifiers. He thinks it would
be very difficult to collect anything.
Commissioner Henley noted that the water table was not accurate and that resulted in a number of changes. He asked if there were any penalties on the completion dates.
Mr. McCollum answered there was a small
window of time on liquidated damages in the range of $5,000 to $6,000. Commissioner Henley said he was concerned
because the Commissioners were not briefed on this earlier.
Commissioner Morris stated he was briefed
as the District Commissioner and he knows what happened.
Commissioner Morris stated the issue he has is with the contractor on this. He said there have been a series of contractors. This was a very troubled project. He complemented staff who had to respond to complaints after complaints of the residents. The road project was originally scheduled to be completed in the third quarter of last year. He said this is one of the better looking projects the County has done and there have been a lot of compliments.
Commissioner Maloy had comments on Items #21, #23 and #32. He asked to know what the collection rates are for Item #32, Settlement Agreement for Medicaid Overpayment.
Commissioner Henley discussed Item #23, Award RFP-4156-02/BJC, Domestic, Wastewater Residuals Management. He asked what changes have to be made and what are the costs.
Ruth LaLa, Water and Wastewater, and Bob Adolphe, Environmental Services, addressed the Board to answer questions. Ms. LaLa reported on what would have to be done and what the City of Sanford is doing, and the costs to build the Class A facility. She said the cost could be up to $3 million.
Mr. Adolphe said the staff is continuing to look at the various options. This request is in preparation for the future. He said the County will have to start to upgrade as they cannot operate under the system as it is now.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve and authorize the following:
Administration
3. Approve
and authorize Chairman to execute Interlocal Agreement, as shown on page
_______, between the City of Oviedo and Seminole County for provision of
Reclaimed Water Service.
Planing/Engineering/Inspections
4. Approve
and authorize Chairman to execute Easement, as shown on page _______, to Florid
Power & Light to serve power to the new Markham Regional Water Treatment
Plant.
6. BCR #02-80 –
$303,970 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax
Fund/12601 – Arterial Impact Fee Fund. Construction for the CR 46A project
requires that utilities owned by the City of Sanford be relocated. Request a
transfer of funds to the appropriate account line to reimburse the City for
these utility relocation expenses.
7. BCR #02-84 –
$60,856 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund. The
City of Winter Springs has reimbursed the County for costs incurred for their
utility relocations and for the wall project relating to the Tuskawilla Road
project Phase III/IV. A refund is due
to the City as these reimbursements have exceeded final close-out costs actually owed by the City.
8. BCR #02-85 –
$95,000 – Administrative Services – Support Services – Fund: 00100 – General
Fund. Additional funds are needed to
enhance facility improvements at the County Services Building and Libraries.
9. BCR #02-86 –
$33,287 – Environmental Services – Water & Wastewater – Fund: 40100 – Water
and Sewer Fund. Transfer between
projects only. Additional funds are needed for the design, construction and
installation of Greenwood Lakes Wastewater Treatment Plant chlorine feed and
chemical control system. Funds are
available in the Collection System Enhancements/Upgrades project.
10. BCR #02-87 –
$34,585 – Library & Leisure Services – Parks and Recreation – Fund: 00100 –
General Fund. Accounting adjustment only to transfer funds
from operating to capital to fund additional playground equipment at Kewanee
Park, previously approved by the Board on March 26, 2002. Stand alone playground equipment has
recently been classified as a capital expenditure for accounting purposes.
11. BCR #02-88 –
$300,000 – Public Works – Traffic Engineering – Fund: 11500 – Infrastructure
Tax Fund/11541 – 2001 Sales Tax Fund. The Lake Mary Elementary project is to be
funded by the 2001 Sales Tax Fund. The project was instead funded by the 1991
Sales Tax Fund so that construction could occur during the school’s Christmas
holiday. An accounting adjustment is now necessary to reimburse the 1991 Sales
Tax Fund.
12. BCR #02-89 –
$262,378 – Public Works – Roads Operations, Stormwater – Fund: 10101 –
Transportation Trust Fund. The Lake Way Reconstruction project is to be
funded by the 2001 Sales Tax Fund. In order to accelerate the project’s
completion due to the deteriorating road conditions, it was funded by the
Transportation Trust Fund. An
accounting adjustment is now necessary to reimburse the Transportation Trust
Fund.
13. Budget Amendment
Resolution #2002-R-92, as shown on page _______, in the amount of $35,000 –
Public Works: 10101 – Transportation Trust Fund. To recognize funds
received from a developer to be used for the construction of a northbound
right-turn lane at the intersection of Lake Mary Boulevard and Longwood-Lake
Mary Road.
16. Award CC-1182-02/BJC,
as shown on page _______, Landfill Gas Management System Expansion Phase II
Cell 1-B construction project - Osceola Road Solid Waste Management Facility,
to IT Corporation, Brecksville, OH ($101,007.50).
17. Approve Change
Order #11, as shown on page _______, to FC-161-99/BJC, C.R. 427 Phases III and
IV (from S.R. 434 to U.S. 17-92), with Bergeron Land Development, Inc.,
Kissimmee ($164,812.85) (Time Extension).
18. Accept and
authorize the Chairman to execute the Certificate of Completion, as shown on
page _______, for FC-168-99/BJC, Tuskawilla Road Phases III and IV Construction
project, with Bergeron Land Development, Kissimmee.
20. Award
RFP-4128-01/BJC, Professional Appraisal Services for Lake Drive Road
Improvement Project, as shown on page _______, to Clayton, Roper &
Marshall, Inc., Altamonte Springs (Not-to-Exceed $281,301.00).
Clerk’s
Consent Agenda
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
1. Expenditure
Approval Lists, as shown on page _______, dated May 7 and 14, 2002; and Payroll
Approval List, as shown on page _______, dated May 9, 2002.
2. Chairman
to execute Satisfactions of Judgment/Court Costs for the following:
Jason Begley, Case #00-4525-CFA - $40 Affidavit of Indigency Fees
Donna Block, Case #99-661-MMA - $43.78 Court Costs
Franco F. Garcia, Case #00-1972-MMA - $302 Court Costs
Timothy Joseph Granada, Case #01-3969-MMA - $5 Fine and Court Costs
Michael Anthony Herdegen, Case #00-5316-MMA - $40 Affidavit of Indigency Fees
James William Holecek, Case #01-1953-CFA - $399 Court Costs and Affidavit of Indigency Fees
Jeffrey Owen Marteney, Case #00-2487-CFB - $40 Affidavit of Indigency Fees
David Pacheo, Case #00-6200-MMA - $40 Affidavit of Indigency Fees
Roberto Santos, Case #01-13310-MMA - $158 Court Costs
Natalie Nichole Williams, Case #98-3118-CFA - $40 Affidavit of Indigency Fees
Brian Leslie Winget, Case #00-6319-MMA - $40 Affidavit of Indigency Fees
Damon Montrell Young, Case #00-1378-CFA - $40 Affidavit of Indigency Fees
3. Chairman
to execute Satisfactions of Judgment/Bail Bond Liens for the following:
Robert Edward Abshier & Roche Surety & Casualty Co. - $2,038
Jason Paul Chapa & Ranger Ins. Co. - $538
Kiernan Dixon & Accredited Surety & Casualty - $2,038
Ross Miles Williams & Roche Surety & Casualty Co. - $538
4. Chairman
to execute Satisfactions of Judgment/Public Defender Liens for the following:
Adolfo Alvarez, Case #01014036MM - $50
Andrew Allen Bailley, Case #90014199MM - $50
Michael A. Baldasarre, Case #01004068CFA - $350
Terri Lynn Barner, Case #94003025MM - $200
Faller H. Brian, Case #00014503MM - $200
Stephen J. Brien, Case #00014124MM - $100
Helen (F.B.) Butler, Case #94001573CJA - $150
William Carlisle, Case #01007839MM - $200
Janice W. Carter aka Pollick, Case #94002512MM - $50
Ryan E. Colgate, Case #99007223MM - $200
Ryan E. Colgate, Case #00012201MM - $100
Elroy A. Dantzler, Case #97013872MM - $200
Francisco Diaz, Case #01002469MM - $200
Linda Carol Dillon, Case #95011232MM - $100
Tonya Donkel, Case #01003960MM - $200
Mark Elugardo, Case #02001217MM - $200
Gregory Alan Fisher, Case #91000040CFA - $400
Ricki Gene Flippen, Case #89003120CFA - $300
Stacy L. Geerts, Case #99003401CFA - $200
Eric E. Gill, Case #01008072MM - $250
Esteban J. Gonzalez, Case #02002605MM - $200
Heron Gutierrez, Case #01007385MM - $200
Valencia Hollis, Case #91010661MM - $200
Jocasta E. Houldsworth, Case #01010529MM - $200
Laurie A. Jankowski, Case #01000574MM - $200
Robert S. Johnston, Case #00007130MM - $200
David M. Lewis, Case #01000658MM - $200
James Kyle Lewis, Case #01000848CFA - $100
Betty J. Lloyd, Case #97004556MM - $100
Ricardo Lugo, Case #01009299MM - $250
Carl L. Mabry, Case #01010571MM - $200
Ronald G. MacNeil, Case #00003814CFA - $200
Dominick Magri, Case #01013632MM - $200
Kandy M. Martin, Case #00008921MM - $100
Phillip J. Moore, Case #01007022MM - $200
Luis A. Morales, Case #01009272MM - $250
Areslan Nahid, Case #02001103MM - $200
Michael Padilla, Case #99000952CJA - $100
Terry Lee Perkins, Case #92001074CFA - $100
Terry Lee Perkins, Case #94009388MM - $100
Terry Lee Perkins, Case #94009280MM - $200
Terry Lee Perkins, Case #99000276MM - $200
Miguel A. Ramos, Case #94003698CFA - $200
Jamie J. Sampson, Case #01009404MM - $250
Euladio Santiago, Jr., Case #01007957MM - $250
Alex A. Scott, Case #01011273MM - $200
Raymond Senart, Case #02000052MM - $200
Matthew Seybold, Case #00014466MM - $200
Matthew T. Shea, Case #01009095MM - $100
Debra E. Smurra, Case #95000174CFA - $200
Ronald M. Tanuyan, Case #00014495MM - $250
Sara E. Thomas, Case #01011660MM - $200
Luis Torrce, Case #01013826MM - $200
Alexander M. Ulmer, Case #97010950MM - $200
Darrel G. Wall, Case #01013312MM - $250
Michael Dean Westfall, Case #94003584MM - $100
James Earl Whitten, Case #93012990MM - $100
William Whitten, Case #8278CFC - $1,000
Nicholas J. Wilke, Case #01005384MM - $200
Districts
1, 2, 3, 4, and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received and filed”:
1. Work Orders #34, #35, #36 and #37, as shown on page _______, to FC-1139-00.
2. Work Orders #14, #15, #16, #17, #18 and #19, as shown on page _______, to PS-590-01.
3. First Amendment to Work Order #4, as shown on page _______, to PS-590-01.
4. M-310-02 Transportation Services Consulting Agreement, as shown on page _______, with GMB Consulting Engineering, Inc.
5. M-309-02 Physician Services Agreement, as shown on page _______, with Florida Physicians, d/b/a Newman Family Medicine.
6. First Amendment, as shown on page _______, to RFP-4107-01.
7. Work Order #41, as shown on page _______, to PS-543-99.
8. Work Order #30, as shown on page _______, to PS-556-00.
9. Second Amendment, as shown on page _______, to RFP-469-99.
10. First Amendment to Work Order #23, as shown on page ________, to FC-1139-00.
11. First Amendment to Work Order #7, as shown on page _______, to RFP-443-98.
12. Work Order #3, as shown on page _______, to FC-1164-01.
13. Work Order #8, as shown on page _______, to PS-557-00.
14. Work Order #42, as shown on page _______, to PS-543-99.
15. First Amendment to Work Order #1, as shown on page _______, to PS-584-01.
16. Work Orders #3 and #4, as shown on page _______, to RFP-4109-01.
17. First Amendment to Work Order #3, as shown on page _______, to RFP-4102-00.
18. Eighteenth Amendment, as shown on page _______, to RFP-413-97.
19. First Amendment to Work Order #4, as shown on page _______, to RFP-4102-00.
20. First Amendment to Work Order #1, as shown on page _______, to PS-525-98.
21. M-311-02 Appraisal Services Agreement, as shown on page _______, with P.A.R.A.R.A.
22. Change Orders #11 & #12, as shown on page _______, to FC-168-99.
23. Change Order #1, as shown on page _______, to FC-1168-01.
24. Maintenance Bond, as shown on page _______, in the amount of $50,126.19 for the Dakotas Subdivision.
25. Recorded Resolution #97-R-182, as shown on page _______, vacating and abandoning right-of-way of Blackwood Street and Sanlando Springs Tract #57, William D. and Denise Martin, co-trustees of the William D. Martin Trust, as approved by the Board on September 9, 1997.
26. Maintenance Bonds, as shown on page _______, in the amount of $2,360 for the project known as Sanctuary PUD and in the amount of $2,300 for the project known as Tuffy Auto.
27. Office of Supervisor Elections Fiscal Year 2002-2003 Budget request, as shown on page _______.
28. Work Order #12, as shown on page _______, to PS-590-01.
29. Seminole County Sheriff’s Office Fiscal Year 2002/2003 Budget Proposal, as shown on page _______.
30. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service for Colonial Realty Ltd. Partnership for the project known as Colonial Grand at Heathrow Reserve.
31. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service for Seminole County Port Authority for the project known as Incubator Center Phase 4.
32. Conditional Utility Agreement, as shown on page _______, for Water Service for LTL Enterprises for the project known as The Battery Bank.
33. Conditional Utility Agreement, as shown on page _______, for Water Service for Landworks Group, LLC for the project known as United Studio.
34. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service for Realvest-Monroe CommerCenter, LLC for the project known as Monroe Commerce Center North.
35. Satisfaction of Connection Fees, as shown on page _______, for the project known as Lake Side Fellowship United Methodist Church.
36. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service for Bank of America, N.A. for the project known as Lake Forest Bank of America.
37. Conditional Utility Agreement, as shown on page _______, for Water Service for Single Family Developers, L.L.C. for the project known as Waterstone Subdivision.
38. Bids as follows: IFB-3045-02; IFB-3047-02; IFB-3048-02; IFB-3050-02; 285-02; PS-5116-02; RFP-4156-02; RFP-4128-01 and IFB-3042-02.
Jeff
Hopper, Senior Planner, addressed the Board to present the request for approval
of Final Master Plan and Developer’s Commitment Agreement for Pulte/Red Bug
Planned Unit Development (PUD), Kenneth W. Wright, Shutts & Bowen LLP,
applicant.
Mr.
Hooper advised that staff recommends approval of the Final Master Plan and
Developer’s Commitment Agreement because both are consistent with the
Preliminary Master Plan, the approved Development Order, and the Vision 2020
Plan.
Motion
by Commissioner Maloy, seconded by Commissioner Henley, to approve the Final
Master Plan and Developer’s Commitment Agreement, as shown on page _______, for
the Pulte/Red Bug Planned Unit Development, located on the north side of Red
Bug Lake Road, one mile west of Dodd Road, comprising approximately 79 acres,
Kenneth W. Wright, based on findings.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Mr.
Hopper presented the request for approval of the Final Master Plan and
Developer’s Commitment Agreement for Monroe Commerce Center North Planned
Commercial Development (PCD), located on the north side of Church Street, 180
feet west of Monroe Road, Realvest Partners, Inc., applicant.
Mr.
Hopper stated staff recommends approval of the Final PCD Master Plan and
Developer’s Commitment Agreement because both are consistent with the
Preliminary Master Plan and the approved Development Order.
Motion
by Commissioner Morris, seconded by Commissioner Maloy, to approve the Final
Master Plan and Developer’s Commitment Agreement, as shown on page _______, for
the Monroe Commerce Center North Planned Commercial Development comprising
approximately 14 acres and located on the north side of Church Street, 180 feet
west of Monroe Road, Realvest Partners, Inc., based on findings.
Districts
1, 2, 3, 4, and 5 voted AYE.
-----
Mr.
Hopper presented the request for approval of the Final Master Plan and
Developer’s Commitment Agreement for Trinity Retail Center Planned Unit
Development; property located on SR 426 at the south terminus of Tuskawilla
Road, Tom Daly, applicant.
Mr.
Hopper stated staff recommends approval of the Final PUD Master Plan and
Developer’s Commitment Agreement because both are consistent with the
Preliminary Master Plan, the approved Development Order, and the Vision 2020
Plan.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve the
Final Master Plan and Developer’s Commitment Agreement, as shown on
page_______, for the Trinity Retail Center Planned Unit Development, located on
SR 426 at the south terminus of Tuskawilla Road, including approximately 18
acres, Tom Daly, based on findings.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Cindy
Matheny, Senior Planner, addressed the Board to present the request for
approval of the Final Master Plan and Developer’s Commitment Agreement for
Markham Reserve Planned Unit Development located at the SE corner of SR 46 and
Longwood Markham Road, Ryland Group, applicant.
Ms.
Matheny advised staff recommends approval as the Final PUD Master Plan and
Developer’s Commitment Agreement are consistent with the Preliminary PUD Master
Plan and Development Order for the project.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the
Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page
_______, for the Markham Reserve Planned Unit Development, located at the
southeast corner of the intersection of SR 46 and Longwood Markham Road, 56.32
acres, Ryland Group.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Deborah
Leigh, Code Enforcement, addressed the Board to present request to waive Code Enforcement
Board lien on property located on Burrows Lane, Sanford, Minnie L. Pew, owner
(Case #99-39A-CEB).
Ms.
Leigh stated the property owner never received the notice of hearing and was
not aware of what was going on until she received the notice that the case was
to be forwarded to the County Attorney for foreclosure. The owner submitted a letter stating she had
financial and medical hardships.
Ms.
Leigh advised staff is recommending a reduction of the lien to the
administrative costs of $294.47.
Motion
by Commissioner Morris, seconded by Commissioner Henley, to approve the staff
recommendation to reduce the Code Enforcement lien to the administrative costs
of $294.47 for property located on Burrows Lane, Sanford, Minnie L. Pew, owner,
Case #99-39A-CEB.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Ms.
Leigh presented the request to waive Code Enforcement lien on Lots 31 and 32,
Trinity Bay, Seminole County (M.C.D. Inc., owner of Lot 31 and Laura P. Barker,
owner of Lot 32).
Ms.
Leigh advised the owners have requested to continue this item to another
meeting.
Planning
Director, Don Fisher, addressed the Board to state the owners requested a
continuance to the June 11 BCC meeting.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to
June 11, 2002, the request to waive the Code Enforcement lien on Lots 31 and
32, Trinity Bay, Seminole County, M.C.D. Inc., owner of Lot 31 and Laura P.
Barker, owner of Lot 32, Case #96-13-CEB.
Districts
1, 2, 3, 4, and 5 voted AYE.
-----
Ms.
Leigh presented request to waive Code Enforcement lien on Lot 22, 128 Leon
Street, Altamonte Springs in Winwood Park, Horris and Nancy Mack, owner.
Ms.
Leigh stated the owners have financial and medical harships.
Motion by Commissioner Henley, seconded by
Commissioner Van Der Weide, to approve the staff recommendation to reduce the
Code Enforcement lien to the administrative costs of $478.73 for Lot 22, 128
Leon Street, Altamonte Springs in Winwood Park, Horris and Nancy Mack, owners,
Case #98-45-CEB.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Cindy
Hall, Fiscal Services Director, addressed the Board to request adoption of
Budget Change Policy Resolution which revises intradepartmental budget
transfers. Ms. Hall advised the staff
would provide information to the Board prior to any changes. Commissioner Morris clarified that Ms. Hall
will notify the Board individually in an informal meeting that staff is about
to make a change and after the fact when a change is made, the Board will get official
notification in a Board meeting via a memo that the changes have occurred.
Commissioner
Henley questioned how this would work.
He said he sees it as further removal of the Board for the oversight
responsibility they have, and that is what he has a problem with. Whereupon, Commissioner Morris stated these
would be the Board’s prior approved items.
Commissioner Henley said there could be approved projects left out.
Mr.
Grace advised that is not the staff’s intent that he could eliminate projects
the Board approved. He said the Board
would have to deal with the movement of money.
He said he could not delete project items the Board had approved. Discussion continued. Ms. Hall stated this is only for capital
improvement funds.
Motion
by Commissioner Morris, seconded by Commissioner Henley, to adopt appropriate
Resolution 2002-R-94 (Budget Change Policy Resolution), as shown on page
_______, which revises intradepartmental budget transfers, with the following
understanding that: (1) These are only
for capital items; (2) There will be a prior memorandum to the Board on such
changes prior to the action taken; (3) There will be notification via
submissions of when the change occurred after the fact; and (4) This does not
in any way, shape, or form allow for cancelling of any prior approved budget
items approved by the Board.
Districts
1, 2, 3, 4, and 5 voted AYE.
Mr.
Grace stated this does not change the contract policies at all.
-----
Chairman
McLain recessed the meeting at this time and reconvened at 10:25 a.m. He went out of the order of the agenda to
consider Add-on Item #54A.
Bill
Beuret, Evaluation Committee Member, and Ray Hooper, Purchasing Manager,
addressed the Board to request approval of award of RFP-4138-02/BJC, Seminole
County Official Visitor Guide, to Miles Media Group, Sarasota, Florida, in an
amount not to exceed $98,075.00 through September 30, 2003 and $55,750.00 per
year for the remaining portion of the contract.
Mr.
Hooper stated that based upon evaluations, staff is recommending the award to
Miles Media.
Mr.
Beuret reported on the work of the Committee and said they are now presenting
their decision to the full Board. He
said the Tourism Development Commission supports their recommendation of Miles
Media. He stated Jack Wert is attending
a worldwide convention for tourist development.
Commissioner
Henley stated it appears to him that the low bid was Orlando/Orange County
Convention & Visitors Bureau, Inc., and he is not satisfied with the
reasoning process in making this determination. All he reads is a list of fears of what might happen. He said he could list a number of fears on
any award that might make some of these possible conflicts. He said that is what they have agreements
and contracts for. He doesn’t think
fears are justification for going to one than another. This is the only bid they went to this
extent on listing what might happen.
Mr.
Grace explained he thinks the reason it focused on that is anytime staff
recommends something other than the low bid, they need to have some
justification or reason for that.
Commissioner
Henley said there is nothing of substance other than the fear of what might
happen. He doesn’t understand why some
of the issues could not be dealt with.
Mr.
Beuret stated he doesn’t think those were the only reasons. He said the Committee had several
reasons. He advised he was a founding
member of the Orlando/Orange County Convention & Visitors Bureau and from
his personal opinion, the Miles Media publication was superior to the
Orlando/Orange County Convention & Visitors Bureau.
Karen
Brown, Sales and Marketing Manager of the Seminole County Visitors Bureau,
addressed the Board to state some of the concerns they had with the
Orlando/Orange proposal. She said one
of the main things was they were not charging an upfront cost and that would
not give them any leverage to set advertising rates and ranges.
Commissioner
Morris stated he had asked for this item to be pulled. He said the issue is they have an offer from
the Orlando/Orange County Bureau of which Seminole County is a member. Orange County has offered to produce 100,000
brochures at $0 cost vs. $39,500 from Miles Media. His conversation with Mr. Wert was very direct and forward. His fear was not necessarily for the current
year, but eventually in year two or three, this guide would be assimilated into
a bigger guide. He said that is for the
BCC and Visitors Board to determine whether that would occur. He said the ad rates would be handled during
contract negotiations. He said the
County has many regional partnerships and their leadership has not been gobbled
up.
Upon
inquiry by Commissioner Henley, Ms. Brown said the Orlando/Orange County Bureau
has implied the County would not have any leverage on the rates.
Commissioner
Van Der Weide stated he has a major concern.
He thinks this is a deal that is too good to be true. He has those fears that the County would not
have the flexibility they would need to promote Seminole County’s Conference
Center. He thinks that is going to be
very large in the TDC and they are reluctant to move forward with this. He shares those concerns. He sees there are some real reasons not to
do this. If something did happen, there
could be a lot of ill feelings.
Commissioner
Maloy stated his first inclination is to go with the lowest responder. He was told the company being recommended
has very good expertise. Everyone who
looked at the bids were privy of the $0 bid and they all came out on top with
Miles Media and seem to be very strongly in favor of them.
Mr.
Beuret stated there was a lot of discussion about the superior quality and
Miles’ ability on specific prior projects around the State. There was concern about a breakup in the
future and the Orange County Bureau. He
said they need Orange County and would hate to jeopardize that
relationship. He stated on the surface
the price difference was dramatic, but when they took into consideration the
revenue sales from the ad, it came down quite a bit.
Chairman
McLain asked if Mr. Beuret felt the TDC budget is the appropriate place to pay
for this request. Mr. Beuret said he
does not believe this is wasteful government spending. Discussion continued by Commissioner Henley.
Upon
inquiry by Commissioner Morris, Ms. Brown advised that Laura Richeson is the PR
person. Commissioner Morris noted that
she is a non-governmental employee. He
said he noticed her gap in the ranking and that alone gives him additional
problems with this issue.
Mr.
Grace said he has since directed that non-government employees would not be
allowed to be a ranker, but only a resource.
Mr.
Hooper advised it would not change the outcome if they eliminated Ms. Richeson
from the voting.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the
staff recommendation to award RFP-4138-02/BJC, Seminole County Official
Visitors Guide, to Miles Media Group, Inc., Sarasota, not to exceed $89,075.00
through September 30, 2003 and $55,750.00 per year for the remaining portion of
the contract, as shown on page _______.
Under
discussion, Commissioner Henley said he thinks they should negotiate with the
lowest bidder first and if they can’t come to agreement, then go to the next
lowest bidder.
Districts
1, 3, and 5 voted AYE.
Commissioners
Morris and Henley voted NAY.
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Craig
Shadrix presented request to authorize staff to amend the standard resident
caretaker agreement per Board recommendations for the Seminole County Natural
Lands Caretakership Residence Program Policies.
Commissioner
Maloy said he always felt some kind of rent should be included, and he thought
$300 a month would be more appropriate.
Chairman
McLain said they need to set aside a maintenance amount for the property and he
thinks the staff has made a good recommendation. He asked if staff recommended an amount to cover costs to
maintain the property.
Commissioner
Van Der Weide said he thinks this is something they need to watch. He said he can’t imagine having a resident
maintain the property at $200 a month.
Whereupon, Chairman McLain said why not set the amount at $250 and if
changes need to be made, staff would bring them to the County Manager’s
attention.
Mr.
Shadrix stated Jim Duby makes monthly inspections of the residences. He said the Facilities Division has an
agreement to maintain the residences.
That figure last year was about $1,500 for maintenance. Chairman McLain stated staff could also do
an annual air conditioning service on the units. They need to make sure the fund continues to build so that if
five years from now there is a need for a new roof or air compressors, the
money is there.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to authorize
staff to amend the standard caretaker agreement per Board recommendation, with the
amendment that an amount of $250 a month for rent be set aside for the
maintenance of the properties.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Pam
Hastings, Manager, addressed the Board to request authorization to proceed with
scheduling of public hearings to consider an Ordinance amending Road Impact Fee
Chapter 120, Land Development Code of Seminole County, to include the
establishment of future sunset dates.
Ms.
Hastings said she is requesting to schedule two public hearings, one for the
P&Z on July 10 and one for the August 13, 1:30 p.m. BCC meeting.
Upon
inquiry by Commissioner Maloy, Ms. Hastings advised that everyone will be
paying a fee. She said currently the
fees vary on one side of the road from another because the collection fees vary.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize
staff to proceed with scheduling a public hearing for July 10, 2002, before the
Planning and Zoning Commission and a public hearing for August 13, 2002, before
the Board of County Commissioners, to consider an Ordinance amending Road
Impact Fee Chapter 120, Land Development Code of Seminole County, to include
the establishment of future sunset dates.
Chairman
McLain asked Mr. McMillan to meet with Commissioner Maloy on the issue of one
side of the road being impacted and charged and the other side not being
charged.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Kent Cichon, Planning and Development,
addressed the Board to
request nomination to fill
the vacant position newly created for the Casselberry Redevelopment Agency
(CRA) through Resolution 2002-R-33, adopted March 12, 2002.
Commissioner
Morris noted that all three names suggested are excellent people.
Motion by Commissioner Henley, seconded
by Commissioner Morris, to nominate Paul R. Daigle to fill the vacant position
on the Casselberry Community Redevelopment Agency (CRA) newly created through
Resolution 2002-R-33, adopted March 12, 2002.
Districts 1, 2, 3, 4, and 5 voted AYE.
County Manager’s Briefing
Mr.
Hopper presented review of the suggested Home Occupation Regulations and
recommended scheduling one or more workshops on same.
Commissioner
Maloy stated his concern is that they are making these regulations a whole lot
bigger. He would like to see focus
about the noise rather than on what is prohibited. He stated his concern for the church issue and said there could
be people who rotate at different houses per week for fellowship like churches. He said he has a concern about how this
would be interpreted. He would rather
see them take the prohibited ones out of the regulations. Also, he has a problem with group
instructions being prohibited.
Under
discussion, Mr. McMillan said adult entertainment regulations would have to be
regulated separately.
Chairman
McLain stated he thinks the voyer web site needs to be left in and the Board
can discuss that. He said they need to
make sure those are dealt with in a reasonable, legal fashion.
Commissioner
Morris stated there are a variety of good things prohibited. He suggested an alternative of having the
potential to appeal to the BCC.
Commissioner
Van Der Weide suggested staff check the State’s wording on the “child care of
more than five children.” He believes
the State law says “five unrelated children.”
Commissioner
Maloy discussed further group instruction, namely home schoolers. He said he would like to delete Section D.2.
altogether. He said this conflicts with
constitutional rights and seems to be open to abuse. Mr. McMillan said staff will review that section.
Chairman
McLain said they need to consider the protection of private rights, but also
need some way to verify if there is a business at a location and make sure the
staff can inspect what is going on. He directed
staff to schedule a work session on the subject of home occupation regulations.
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Chairman
McLain recessed the meeting at 11:05 a.m., reconvening at 1:32 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk,
Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present
at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the filing of the Proofs of Publications for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST THE BOA,
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment in approving for Mathew and
Anita Staver, a variance for a side yard setback from 10 feet to 5 feet for a
proposed garage located in the Spring Valley Farms Subdivision at 116 Hamlin T.
Lane, Vivian Shiba Winston, received and filed.
Planner Kathy Fall addressed the Board to present the request, advising Mrs. Winston, the adjacent property owner, is appealing the Board’s decision to approve a variance for a side yard setback from 10 feet to 5 feet for a proposed garage located in the Spring Valley Farms subdivision at 116 Hamlin T. Lane. The Board of Adjustment approved two variances. She said the second variance, which is not being appealed, is for a side yard variance from 10 feet to 5.5 feet on the east side of the property. She further advised that on May 6, 2002, Mr. Staver requested a withdrawal of the west side yard setback variance that is the subject of this appeal. Staff reviewed the request with the County Attorney’s Office who determined that the Stavers could not withdraw their original variance request since it had already been acted upon and approved by the BOA.
District Commissioner Van Der Weide stated he has talked to both parties, the neighborhood and staff and he is appreciative that this has been worked out between Mrs. Winston and the Stavers.
Vivian Shiba Winston, Appellant, addressed the Board to state she is pleased with the withdrawal.
Chairman McLain read into the Record the Written Comment Forms (received & filed) from David E. Green and Paula & Paul McCann.
Patricia Green, President of the Spring Valley Homeowners’ Association, addressed the Board to speak in support of the appeal and against both variances granted by the Board of Adjustment.
Chairman McLain advised only one of the variances granted by the BOA has been appealed.
Ms. Fall advised the deadline for filing an appeal on the other variance has expired.
Ms. Green stated she thought both variances had been appealed.
Upon inquiry by Commissioner Henley, Ms. Fall advised the Board of Adjustment made one motion granting both variances. She stated this appeal is only for the variance granted on the west side. Discussion ensued.
The Chairman recessed the meeting at 1:40 p.m., in order for staff and the County Attorney to confer on this issue.
The meeting was reconvened at 1:51 p.m.
County Attorney, Robert McMillan, advised that based on the way the application was handled and the action taken by the Board of Adjustment, it is his opinion that the entire BOA’s decision is now before the Board. Therefore, both granted variances are now under consideration by the Board.
Chairman McLain apologized for this confusion on staff’s part and advised, based on the County Attorney’s opinion, the BCC will deal with both variances. He advised that the property owner is not in attendance.
District Commissioner Van Der Weide stated after meeting with everyone before this meeting, he understood from staff that the two variances were separate and only the variance on Mrs. Winston’s side was being appealed. He stated he would not feel right in discussing the other variance because the property owner is not in attendance. He further stated that he is very disappointed with the information he received from staff and the position the Board now finds itself in. He recommended continuing this item at this time.
Commissioner Morris suggested the Board get a legal written opinion on this.
Commissioner Henley stated that in order to avoid this situation in the future, he would recommend the staff communicate with the Chairman of the Board of Adjustment to make sure there is more than one motion on these types of issues.
Mr. McMillan stated the first step would be in changing the way the staff presents the items to the BOA. He explained that on a single piece of property, variances are combined onto one application in order to save on fees.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue until July 9, 2002, at 1:30 p.m., or as soon thereafter as possible, to be first on the agenda, consideration of an Appeal against the Board of Adjustment in approving for Mathew and Anita Staver, variances for a proposed garage located in the Spring Valley Farms Subdivision at 116 Hamlin T. Lane, as described in the proof of publication.
Under discussion, Chairman McLain again apologized to the residents in attendance, stating this is an unusual set of circumstances and in order to be impartial, the property owner should have the opportunity to attend the hearing.
Mrs. Winston stated if the variances are not denied, it will be in violation of the subdivision’s deed restrictions.
Mr. McMillan advised the violations of deed restrictions are not grounds for the BCC to deny variances.
The Chairman stated the staff will notify everyone in attendance of the date and time of the next hearing.
John Bandy, Jr., 909 Spring Valley Road, addressed the Board to state the property owner is violating several of their deed covenants.
Commissioner Morris stated the public should speak only to the motion to continue.
No one else spoke in support or in opposition.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE &
ABANDON,
SHERRI FRAGOMENI, FRAGOMENI ENG.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to vacate and abandon the 50’ wide portion of Pearl Street
between SR 436 and Ford Street, Sherri Fragomeni, Fragomeni Engineering,
received and filed.
Principal Planner, Ian Ratliff, addressed the Board to present the request, advising this portion of Pearl Street is unimproved and the applicant intends to use the vacated portion of the right-of-way for the development of the property immediately west of the vacated area. The property owners immediately to the east have provided a letter of consent to the proposed vacate. He added that staff recommends approval.
John Pinelli, 7800 Napoleon Street, addressed the Board to speak in opposition. He displayed a map (received & filed) of the area, pointing out he owns property in the area and believes the vacate will cut off his access.
Upon inquiry by Commissioner Henley, Mr. Ratliff advised Mr. Pinelli’s access is from SR 436 to Brewer Street and then to Ford Street.
Mr. Pinelli complained about the code violations in the area and advised the Code Enforcement Board is fining the property owner $250 per day.
Upon further inquiry by Commissioner Henley, Mr. Ratliff advised approving the proposed vacate would not landlock anyone.
Reza Khan, 1380 E. Altamonte Drive, addressed the Board to speak in opposition, stating he uses Pearl Street to access his business on his property.
Upon inquiry by Commissioner Henley, Mr. Khan advised he has a used car lot on his property.
Commissioner Henley stated that if this property is used commercially, the road would have to be brought up to County standards.
Mr. Khan stated he does have a curb cut on SR 436, but it is very narrow and the large trucks cannot enter it.
Mr. Pinelli advised that several weeks ago a fence was erected across Pearl Street and he called Code Enforcement.
Chairman McLain stated staff will be following up on that with Code Enforcement.
Attorney Michael Kramer, representing Michael and Mary Pinter, addressed the Board to speak in opposition. He displayed a map (received & filed) of the area, pointing out the property Mr. Pinter owns. He stated Pearl Street is in use and his client regularly uses it to access into the back of his property for landscaping purposes. He further stated that the property is undeveloped at this time and they feel it would be imprudent to vacate the road.
Commissioner Henley pointed out to Mr. Kramer that if Pearl Street is abandoned, Mr. Pinter still has a way to get into his property. He added that if Pearl Street is being used for any commercial purpose, it is being used improperly.
Sherri Fragomeni, applicant, addressed the Board to state that Pearl Street is not paved all the way down to the intersection. She said that the people using Pearl are going down it and then cutting across Mr. Jones’ property. She added that the road is not up to County standards and it is undeveloped.
No one else spoke in support or in opposition.
Upon inquiry by District Commissioner Henley, Mr. Ratliff stated he has not heard anything during this hearing that would change staff’s recommendation to approve the vacate.
Commissioner Henley stated that he does not believe approval would landlock anyone.
Motion by Commissioner Henley to approve vacate and abandonment of the 50 foot wide portion of Pearl Street between SR 436 and Ford Street, as described in the proof of publication, Sherri Fragomeni, Fragomeni Engineering.
Commissioner Morris seconded the motion for discussion.
Commissioner Morris questioned why staff would recommend vacating this when the property owners would have a longer route and they would have to bring the road up to County standards.
Mr. Ratliff stated staff looked at whether there were any utilities on the road and whether it would landlock anyone and in this case it does not.
Commissioner Morris stated that what worries him is if the County vacates the road, it will not be helping the situation. He added that generally, when something is vacated, there are no people in opposition.
Commissioner Maloy stated that a lot of the property in the area is undeveloped and he has a concern about doing away with one of the access points to that area.
The motion, duly seconded, was voted upon and failed with Commissioner Henley voting AYE and Commissioners Maloy, Morris, Van Der Weide, and McLain voting NAY.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to deny request to vacate and abandon the 50 foot wide portion of Pearl Street between SR 436 and Ford Street, as described in the proof of publication, Sherri Fragomeni, Fragomeni Engineering.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
Commissioner Van Der Weide left the meeting at this time.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 Agriculture to R-1A Single Family Dwelling District for approximately 18.76 acres located on the west side of Tuskawilla Road, approximately 2,000 feet south of the intersection of Tuskawilla Road and Red Bug Lake Road, C&D Development LLC/Jim Cooper, received and filed.
Planner Cindy Matheny, addressed the Board to present the request, advising the staff recommends approval with the following findings: (1) R-1A zoning meets the minimum level of presumptive compatibility as provided for in the “Lot Size Compatibility Ordinance” of the Land Development Code; (2) The proposed rezoning is consistent with the Comp Plan policies related to the Low Density Residential future land use designation; and (3) The proposed rezoning is compatible with adjacent high density residential and low density residential uses.
No one spoke in support or in opposition.
District Commissioner Maloy stated he has no objections to rezoning.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2002-24, as shown on page ________, granting rezoning from A-1 Agriculture to R-1A Single Family Dwelling District on approximately 18.76 acres located on the west side of Tuskawilla Road, approximately 2,000 feet south of the intersection of Tuskawilla Road and Red Bug Lake Road, as described in the proof of publication.
Districts 1, 2, 4 and 5 voted AYE.
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The Chairman recessed the meeting at 2:40
p.m., reconvening at 2:48 p.m., with all Commissioners, including Commissioner
Van Der Weide, in attendance.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 Agriculture and PCD Planned Commercial to
PUD Planned Unit Development, for property located south of Church Street on
Maronda Way, Bowyer Singleton, received and filed.
Ms. Matheny presented the request, advising Item #b of the proposed development order, regarding the 15 foot dedication for right-of-way along Church Street, should be deleted because the road improvement would be for the City of Sanford.
Upon inquiry by Commissioner Morris, Development Review Manager, Mahmoud Najda, addressed the Board to advise the Planning & Zoning Commission also recommended removing Item #b.
Ms. Matheny advised the staff recommends approval of the request with findings that the proposed project is compatible with the development trends of the area and the proposed project is consistent with the Comp Plan.
Katharine Duncan, representing the developer, addressed the Board to advise they agree with the staff recommendations. She advised Commissioner Morris that they anticipate the road access issue being resolved at site plan.
No one else spoke in support or in opposition.
District Commissioner McLain recommended approval with staff recommendations.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2002-25, as shown on page _______, granting rezoning from A-1 Agriculture and PCD Planned Commercial to PUD Planned Unit Development, for property located south of Church Street on Maronda Way, as described in the proof of publication, Bowyer Singleton; and approval of Development Order, as shown on page _______, as amended, deleting Item #b, dedication of 15 feet for right-of-way along Church Street in order to provide a 40 foot half right-of-way as needed for roadway expansion.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 Agriculture to PCD Planned Commercial
Development, known as Monroe Commerce Center; property located at the southwest
corner of Church Street, and CR 15, Small Bay Partner LLC, received and filed.
Planner, Jeff Hopper, addressed the Board to present the item, advising the applicant wishes to develop an office-warehouse development. The proposal consists of 5 buildings ranging in size from 19,840 to 30,000 square feet. The property will include multi-tenant offices and warehouse, light assembly and manufacturing, and an outdoor storage area. There are several existing oak trees clustered near the north property line, and the applicant has designed the north entrance to preserve all but the smallest one. This tree will be replaced, per the Code, with two trees having a minimum caliper of 2 inches. He stated the proposed plan incorporates design standards to mitigate any adverse impacts on residential properties east of Monroe Road including: (1) Wet retention ponds, amenitized per the LDC, adjacent to the east property line; (2) Proposed 130-foot building setback from the east property line; (3) “Shoebox” type outdoor lighting fixtures, limiting off-site illumination, no more than 16 feet in height; (4) Landscape buffers adjacent to Monroe Road; and (5) Landscape planting areas between buildings and the east parking area. He reviewed the Planning & Zoning Commission’s recommendation to approve and advised the staff recommends approval with the P&Z recommendations with the following additional development standards: (1) Office uses shall be limited to 10% of total floor area - while all warehouse or industrial-type facilities include some office space, staff has historically assumed that a relatively small amount is an ancillary use which does not require additional parking - however, where this becomes a substantial proportion of the total floor area of the site, parking requirements are calculated separately to assure that adequate parking is provided - per the LDC, office uses require one space per 200 square feet of floor area; (2)Parking in front of overhead entrance doors leading to storage units shall not be permitted.
Jeff Longstaff, Developer, addressed the Board to state they agree with the P&Z recommendations with the exception of Item #6, limiting office uses to 25% of floor area for any individual unit. He said they would like that changed to 20%. He stated that they lost 38 parking spaces when they moved the parking back to create more green space at staff’s request. Because of that they are about 15 spaces short; and they are requesting that they be allowed to count parking spaces in front of the overhead bay doors in order to meet the requirement of 237 spaces.
Jess Hayes, property owner to the south, addressed the Board to express his concern with the flooding in the area.
Chairman McLain stated the developer is required to make sure there is adequate drainage.
Commissioner Morris left the meeting at this time.
Mr. Najda advised there will be restrictions applied to the project; however, he cannot comment on those until the site plan and final engineering review.
Mr. Longstaff requested clarification on the non-automotive uses in the P&Z approval. He said he is asking that accessory auto detailing (i.e., window tinting, striping, bed liners) be allowed.
Commissioner Morris re-entered the meeting at this time.
Mr. Fisher advised the pin striping and tinting are detail operations and staff does consider them differently than mechanical repairs. Therefore, staff would not object to those detailing uses, but would object to any oil changes and radiator repairs.
No one else spoke in support or in opposition.
District Commissioner McLain recommended allowing 20 of the 67 bay door parking spaces to be counted towards the minimum parking requirement and allow the applicant to have no more than 20% of the total floor area for office. He added that he would not support paint and auto body shop activities, but would allow auto detailing.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2002-26, as shown on page _______, granting rezoning from A-1 Agriculture to PCD Planned Commercial Development, known as Monroe Commerce Center; property located at the southwest corner of Church Street, and CR 15, as described in the proof of publication, Small Bay Partner LLC; and to approve Development Order, as shown on page _______, as amended, changing Item #6 to read from 25% to 20%, changing Item #13 to read that 20 overhead bay doors shall count toward the minimum parking requirements, and adding Item #16 to include the following language: “Detailing vehicles, including bed liners, tinting and pin striping, shall be permitted, as determined by the Planning Manager, and there will be no mechanical repair permitted on the site.”
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a Budget Amendment to reconcile all fund balances from FY 00/01 to FY
01/02, received and filed.
Ginger Barrett, Fiscal Services Manager, addressed the Board to advise the budget amendment establishes the fund balances documented by the recently published 2001 Comprehensive Annual Financial Report. Also, the following adjustments are included: reconcile rebudgets, adjust grant review, redistribute project funding in Water & Sewer subfunds, increase Tax Collector Transfers, and establish budget for 800 MHz project. 800 MHz Briefing Paper was received and filed.
Upon inquiry by Commissioner Maloy, Fiscal Services Director, Cindy Hall, addressed the Board to advise the sales tax revenues are coming in on target of what they budgeted. She added that there is about $5 million in additional revenue than predicted during the budget hearings.
Mr. Grace pointed out that part of this amendment is to proceed with the budget for the 800 MHz project in the amount of $4.3 million.
Commissioner Morris suggested the Board use commercial paper to pay for the MHz project over two years so that they can have a cushion of $2 million.
Commissioner Henley stated that one of the reasons for this windfall is because the Board cut many projects during last budget session. He said it bothers him when staff comes up in the middle of a budget year and suggests funding one project. He said the Board does not know what the employees’ insurance is going to be this year.
Motion by Commissioner Morris to adopt appropriate Budget Amendment Resolution #2002-R-95, as shown on page ________, to reconcile all fund balances from FY 00/01 to FY 01/02 as described in the proof of publication; and to authorize moving forward with the MHz project paying for half of the project in cash, using the lowest form of commercial paper for the other half, and putting the remainder of the money into reserves.
Commissioner Maloy stated that if the Board is going to move forward with the MHz project, he would rather pay cash if the County can afford it. He also stated that he does not have a problem with moving this item to the budget sessions and to consider all the other priorities at one time. He added that he will not support a debt payment at this time.
Commissioner Henley seconded the motion.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Chairman McLain advised of the trail beautification efforts by the Lake Mary homeowners associations. He explained they are doing a funding drive for the beautification and they would like to have the County’s support. He advised the City of Lake Mary has donated $5,000. He read an excerpt from a letter he proposes to send in order to kick-start the drive.
The Board voiced no objections to the Chairman sending a letter of support for the homeowners associations’ funding campaign for the beautification of the trail along Rinehart Road.
Commissioner Maloy stated it looks like the County’s medians are in need of irrigation. Mr. Grace advised the County has only one water truck and they should look at obtaining another one during budget sessions.
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Discussion ensued with regard to the SCOPA
meetings being televised.
Commissioner Morris stated that since so much of the SCOPA meetings deal with tenants and their financial problems, the Port Authority Board members thought televising the meetings would hurt getting tenants.
Commissioner Maloy left the meeting at this time.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Copy of memorandum to Sandy McCann, Supervisor County Commission Records from Becky Noggle, Environmental Services, transmitting documents for submission into County Records. (cc: Board, Co. Mgr., Environmental Services Director)
2. Copy of letter to Don Fisher, Planning & Development Director, from Kenneth W. Wright, Schutts & Bowen, dated May 10, 2002 RE: Pulte/Red Bug Lake Road project. (cc: Board, Co. Mgr., Planning, Mr. Allan Hill, Mr. Donald McIntosh)
3. Letter dated May 13, 2002 from Rachel Carnicelli, City of Sanford, to Board RE: Public Hearing Notice for annexation of approximately 0.65 acres between Hibiscus Drive, Rose Drive, Sanford Avenue and South Park Avenue. (cc: Board, Co. Mgr., Planning, Supervisor of Elections)
4. Letter dated May 9, 2002 from Teresa B. Tinker, Policy Coordinator, Office of the Governor, to Chairman RE: acknowledgment of correspondence concerning SB 100. (cc: Board, Co. Mgr., Planning)
5. Copy of letter dated May 14, 2002 to Kevin Grace, County Manager, from A. Kurt Ardaman, Attorney RE: request for information on KGB Lake Howell. (cc: Board)
6. Copy of letter dated April 30, 2002 to Kevin Grace, County Manager, from Michael R. Hulon, ContraVest Construction Company, commending Bob Pike and the Seminole County Building & Fire Prevention Division. (cc: Board, Planning & Development Director, Building Official)
7. Letter dated May 14, 2002 from Marlene H. Frith, Executive Director of Sanford Main Street, to Chairman RE: appreciation of contribution in support of July 4th festivities. (cc: Board, Deputy Co. Mgr.)
8. Letter dated May 14, 2002 from Osvaldo Collazo, Department of the Army Regulatory Division, to Board RE: County comments on permit application for KGB Lake Howell LLC. (cc: Board, Co. Mgr., Deputy Co. Mgrs., Planning, Stormwater for response)
9. Letters of appreciation from Kenneth M. Roberts, Public Safety Director, to Cornelia Dietzel and Barbara Farr for recent donations.
10. Contracts for Services, as shown on page ________, between Seminole County and James J. Rohrbach, Chris Walker, Sarah Harkins and Todd Rudland.
11. Letter dated May 16, 2002 from Jerry Cartwright, State Director, Small Business Development Center, to Chairman RE: appreciation of support of Seminole Community College’s Small Business Development Center. (cc: Board, Co. Mgr., Deputy Co. Mgrs.)
12. Copy of letter to Catherine Walker, St. Johns River Water Management District Board Member, from Bruce Rhea, Kimberly Court resident RE: wetland boundary concerns and flooding problems. (cc: Board, Co. Mgr., Deputy Co. Mgrs., Stormwater for response, Mr. K. Williford Causseaux, Dept. of Water Resources, Marcus L. Watters, Jr., Carlton Homes, Mr. & Mrs. Craig Campbell)
13. Letter dated May 17, 2002 from Ronald J. Ammerman, Economic Development Supervisor, U.S. Small Business Administration, to Chairman RE: great impression of the Seminole Community College Small Business Development Center. (cc: Board)
14. Letter dated May 20, 2002 from Ruth B. Brown to Chairman RE: appreciation of the wonderful job done on C.R. 427. (cc: Board, Co. Mgr., Deputy Co. Mgr., Public Works Director, Roads)
15. Letter dated May 17, 2002 from D. Ray Eubanks to Chairman RE: receipt of the County’s Small Scale Development Plan Amendment and acknowledgement that there will be no compliance review or Notice of Intent issued. (cc: Board, Planning & Development Director, Planning)
16. Copy of letter dated May 22, 2002 to Bert Johnson, County Engineering, from Michael T. Dick, Heathrow Master Association President RE: Maintenance of median landscaping agreement. (cc: Board, Co. Mgr., Deputy Co. Mgrs., Planning & Development Director, Planning, Development Review)
17. Letter dated May 20, 2002 from David E. Green to Board RE: Shiba Wilson Board of Adjustment Appeal. (cc: Board, Planning & Development Director, Planning)
18. Letter dated May 15, 2002 from Marsha Kearney, Forest Supervisor, to Chairman RE: Florida National Scenic Trail Acquisition Program and property purchase. (cc: Board, Co. Mgr., Deputy Co. Mgrs., Planning, Public Works)
19. Letter dated May 20, 2002 from Cynthia Porter, City of Sanford, to County Manager RE: annexation ordination for property located at 2800 S. Park Avenue. (cc: Planning & Development Director, Planning, Supervisor of Elections)
20. Letter dated May 20, 2002 from Cynthia Porter, City of Sanford, to County Manager RE: annexation ordination for property located at 2827 Magnolia Avenue. (cc: Planning & Development Director, Planning, Supervisor of Elections)
21. Letter dated May 16, 2002 to Kevin Grace, County Manager, from Andrea Lorenzo-Luaces, City of Winter Springs, RE: property annexation. (cc: Board, Property Appraiser, Supervisor of Elections, Planning & Development Director, Planning)
22. Copy of letter to Osvaldo Collazo, Department of the Army Permits Branch, from Mark Flomerfelt, Road and Stormwater Division Manager RE: comments regarding Permit Application #200103732 (IP-AP). (cc: Board, Co. Mgr.)
23. Copy of email from Bob Rucci to Oviedo Voice RE: Paw Park Committee established in Winter Springs. (cc: Board, Co. Mgr., Deputy Co. Mgrs.)
24. Contracts for Services, as shown on page ________, between Seminole County and Gene Astarita, Vernon Law, and Stanley J. Leddon.
Commissioner
Henley stated he has been meeting, as liaison, with the School Coalition. He said he told the BCC he would be coming
back with a recommendation with regard to the continued funding of the
Pre-Kindergarten Program for FY 2002/2003.
He further said that the County has funded 4C in the amount of $40,000
and there is another $465,000 coming in annually in pari-mutuel funds, which is
normally used for sidewalks. He
explained that as it stands right now, over 200 children that are currently
being served would not be served next year because of the Legislative budget
cuts. He advised that there is
currently a move underway to reinstate these funds from the State for next
year. Therefore, he would like to propose
that the BCC consider making the pari-mutuel funds and the 4C money, up to $500,000,
available to the School Board to keep these children in school for next
year.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve, conceptually, the contribution to the School Board of an amount up to $500,000, from the Pari-mutuel funds and 4C Grant, for the continuation of the Pre-K Program for 2002/2003, with a complete review of the commitment being done prior to any future commitment of the BCC.
Under discussion, Commissioner Henley stated the intent of the motion is for the County Manager to work with the School Board and then come back to the BCC.
Mr. Grace stated there will have to be an updated Interlocal with the School Board.
Commissioner Van Der Weide stated he believes that all the partners should be notified.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Henley stated that the School Board is meeting tonight and would ask the Chairman to attend the meeting to advise the School Board of this action.
Chairman McLain advised he will attend tonight’s School Board meeting.
Mr. Grace presented resolution in support of a hospital within the City of Oviedo.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-96, as shown on page ______, to be sent to the Florida Agency of Health Care Administration, supporting a hospital within the City of Oviedo.
Districts 2, 3, 4 and 5 voted AYE.
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Mr.
Grace advised the Seminole County Historical Museum will be closed during the
month of August for renovations.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 4:00 p.m., this same date.
ATTEST:_____________________Clerk_____________________Chairman
cc/slm