BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

MAY 28, 2002

 

 

 

     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.

County Attorney’s CONSENT AGENDA

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Number 153 of the Airport Boulevard Phase III road improvement project, Tobin Buddenhagen property, located on the east side of Bevier Road 120 feet north of Jewett Lane, in the amount of $81,000.00 inclusive of all fees, costs and expenses.

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.

County Manager’s Consent Agenda

     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. 

     Mr. McCollum stated they are doing very minor punch out work now.  The completion will probably be in July.

     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:

ENVIRONMENTAL SERVICES

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.

Solid Waste Management

 5. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Republic Services of Florida, Limited Partnership.

 

Fiscal Services

Budget

 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.

MSBU

14. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Randy P. and Sandra C. Kimball and James R. and Margaret D. Rodgers for the Black Hammock Phase II Water Service Municipal Services Benefits Unit. 

15. Approve and authorize Chairman to execute two Street Lighting Agreements, as shown on page _______, between Seminole County and Florida Power Corporation. 

Purchasing

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.

19. Approve ranking list for PS-5113-02/BJC, Professional Services for Indoor Air Quality Testing, authorize staff to negotiate and award a Master Agreement, as shown on page _______, with Law Engineering and Environmental Services, Inc., Orlando (Not-to-Exceed $125,000.00 for a five [5] year contract).

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).

21. Award RFP-4153-02/BJC, as shown on page _______, Liquid Sludge Hauling Services, to T. Wayne Hill Trucking, Inc., Haines City (Not-to-Exceed $417,000.00 per year).

22. Award RFP-4154-02/BJC, as shown on page _______, Multi-Jurisdictional Fire & EMS Reporting System with EMS Billing for Seminole County EMS/Fire/Rescue, to Alpine Software Corporation, Pittsford, NY (Not-to-Exceed $73,540.00).

23. Award RFP-4156-02/BJC, as shown on page _______, Domestic Wastewater Residuals Management Transport, Treatment, and Disposal Services, to Florida N-Vira, L.P., Punta Gorda (Not-to-Exceed $1,200,000.00 for the period of five [5] years).

24. Approve Amendment #2, as shown on page _______, to RFP-498-00/BJC, Right-of-Way Acquisition Services for C.R. 46-A Phase III, with P.A.R.A.R.A. Services, DeLand (Time Extension).

25. Award BD-285-02/BJC, as shown on page _______, Windscreen Protection for two (2) designated Seminole County Public Schools, to Home Systems, Inc. d/b/a Roll-a-Way of Central Florida, Orlando ($117,309.00).

26. Award IFB-3049-02/GMG, as shown on page _______, Term Contract for Roadway Markings for Traffic Engineering, to Fausnight Stripe & Line, Inc., Longwood ($166,049.50 per year).

 

Planning & Development

Community Services

27. Adopt Resolution #2002-R-93, as shown on page _______, renaming a segment of CR 427 to Silkwood Court. 

28. Authorize the Community Development office to publish the proposed list of activities for the 2002-2003 Consolidated Plan for a 30-day period to obtain public comment prior to final approval by the Board on July 23, 2002.

29. Approve proposed changes to the Local Housing Assistance Plan; authorize Chairman to execute the changes, as shown page _______; and authorize staff to submit the proposed changes to the Florida Housing Finance Corporation for approval.

Planning

30. Approve and authorize Chairman to execute an Interlocal Funding Agreement, as shown on page _______, with LYNX to contribute to the funding of the Supplemental Draft Environmental Impact Statement for Light Rail Transit. 

Development Review

31. Approve the Exxon Mobil Minor Plat located at 5691 W. SR 46, southeast corner of SR 46 and Orange Boulevard (MDM Services, Inc. for Exxon Mobil).

 

Public Safety

EMS/Fire/Rescue

32. Approve and authorize Chairman to execute Settlement Agreement, as shown on page _______, for Medicaid overpayment.

33. Approve and authorize Chairman to execute the Florida Department of Emergency Management/Department of Justice Subgrant Agreement, as shown on page _______, for equipment for the Local Domestic Preparedness Equipment Program Florida Strategy.

Medical Quality Assurance & Education

34. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for all first response agencies in the Seminole County EMS System and Florida Hospital.

 

Public Works

Administration

35. Reappoint Commissioner Gary L. Brender, City of Lake Mary, as a Municipal Representative to serve on the Seminole County Expressway Authority pursuant to unanimous recommendation of the seven cities. 

 

Engineering

36. Approve and authorize Chairman to execute Agreement, as shown on page _______, with CSX Transportation, Inc., regarding the railroad crossing at Silver Lake Drive/East Lake Mary Boulevard (Segment 1). 

Engineering/Special Projects

37. Approve and authorize Chairman to execute Department of Environmental Protection (DEP) Contract No. GM100 – Amendment No. 1, as shown on page _______, in conjunction with a contract extension for trail improvements and construction within the Cross Seminole Trail corridor.

 

Road Operations & Stormwater

38. Approve and authorize Chairman to execute the Agreement, as shown on page _______, between St. Johns River Water Management District (SJRWMD) and Seminole County for receipt of funding from the SJRWMD for the Wekiva Springs Road Water Quality and Erosion Control Project.

 

Clerks 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.

 

REGULAR AGENDA

 

     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.

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     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.

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     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.

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     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.

Add-on

     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. 

PROOFS OF PUBLICATION

     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,

VIVIAN SHIBA WINSTON

 

     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. 

REQUEST TO REZONE FROM A-1 TO R-1A,

C&D DEVELOPMENT LLC/JIM COOPER

 

     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. 

REQUEST TO REZONE FROM

A-1 & PCD TO PUD, BOWYER SINGLETON

 

     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. 

REQUEST TO REZONE FROM A-1

TO PCD, SMALL BAY PARTNER LLC

 

     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.” 

CONSIDERATION OF BUDGET

AMENDMENT FOR FY 00/01 TO FY 01/02

 

     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’S REPORT

     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. 

DISTRICTS COMMISSIONERS’ REPORTS

     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.

 

COMMITTEE REPORTS

     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. 

COUNTY MANAGER’S REPORT

     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

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