BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 9, 2000
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:37 a.m. on Tuesday, May 9, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Carlton Henley (District 4)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Absent: Commissioner Dick Van Der Weide (District 3)
Rev. Rick Blythe, First Baptist Church, Sanford, gave the Invocation.
Commissioner Maloy led the Pledge of Allegiance.
Awards and Presentations
Chairman Henley recognized visitors, Robert Kazam and Phil Abernathy, in the audience from the Netherlands who are setting up shop in Sanford.
One of the gentlemen addressed the Board to state he has been very impressed with the County and its facilities, and he is looking forward to doing business in Seminole County. He presented a plate from Amsterdam to the Chairman on behalf of the Board. Chairman Henley expressed appreciation and welcomed him to Seminole County.
James R. Russo, Public Defender, addressed the Board to present a check in the amount of $34,000, representing reimbursement funds for the County on behalf of the Florida Public Defenders Association and Florida Public Defenders of the 18th Judicial Circuit.
Chairman Henley expressed appreciation to Mr. Russo for his efforts in obtaining the reimbursement funds.
Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriateResolution #2000-R-103, as shown on page __________, proclaiming the week of May 20 – 26, 2000 as "Safe Boating Week" in Seminole County.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner McLain presented the Resolution to Jack Wert, who accepted as Past Commander of the Seminole Power Squadron. Mr. Wert expressed appreciation on behalf of the Squadron and stated he will pass on the Resolution.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt appropriateResolution #2000-R-102, as shown on page __________, designating Thursday, May 11, 2000 as "Tourism Day" in Seminole County.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner Morris presented the Resolution to Jack Wert, Tourism Development Director, who stated he will be presenting the Resolution at their luncheon on Thursday, May 11. Mr. Wert said the tourism industry is a good economic generator to the economy in Seminole County.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to adopt appropriate Resolution #2000-R-101, as shown on page __________, commending John Harper, Signal System Engineer, Department of Public Works, for his 26 years of service to Seminole County, upon his retirement.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner Maloy presented the Resolution and thanked Mr. Harper for his years of service. Chairman Henley also expressed thanks to Mr. Harper.
Chairman Henley advised that a request from The Ryland Group has been received asking that their public hearing (Agenda Item #52) be delayed and rescheduled to June 13. He asked the Board to take up this request at this time for a consensus and if the request is granted, staff can notify the people concerned.
Commissioner Morris stated he was faxed at home last night. The Board has received a petition by the homeowners not to continue this item and hold the public hearing. He said he has spoken with the County planner regarding this. He said the people are apparently going to show up, and it looks like this is the first time the Board has had a debate over a continuance. He stated the letter from The Ryland Group stated they are looking at additional property to enhance viability and they are meeting with staff on the different interpretations of the zoning Ordinance. He said it’s going to be the burden of staff to convince him and the Board as to why this item should be continued.
Frances Chandler, Planning & Development Director, addressed the Board to state she understands that Ryland Homes is preparing a revised plan and that would include staff evaluating this property and evaluating only one zoning for the entire property. If there are any other alternatives they want to propose, staff would like the opportunity to review that before making a recommendation and providing an analysis to the Board. She said it is very difficult for staff to evaluate plans that have been changed from the original submittals and trying to review them in the evening with a five or 10-minute break. Discussion ensued with Commissioner Morris.
Commissioner Morris asked for the opinion of the County Attorney based on staff’s request and the petition from the homeowners.
County Attorney Robert McMillan stated if there is going to be a contested continuance, he thinks the Board needs to hear the item tonight and get a recommendation from staff. He said both sides should be present and make presentations in case the Board is ready to go forward.
County Attorney’s Consent Agenda
Consideration of request for approval to execute and file the settlement agreement and joint motion for approval of same by the Court in order to conclude litigation regarding Florida Power Corp. v. Seminole County.
Chairman Henley advised this is a consent item and he has had two requests turned in to speak to this issue, but unless the Board passes a motion to take public comments, he will not deviate from the process.
Commissioner Maloy said there recently have been some phone calls from some of the residents asking questions regarding the settlement concerning the widening of Chapman Road. He asked what type of community outreach has been going on. He said he had a meeting with Mr. Kovak of Lutheran Haven and showed him some of the plans for improving transportation corridors around Oviedo.
County Engineer, Jerry McCollum, addressed the Board to state at the last Board meeting, staff indicated they had met with Lutheran Haven, and they were pretty supportive of the project. Staff had a very brief meeting with the President of the Huntington Homeowners Association. Staff will be meeting with the full Association members toward the end of this month. He believes staff also met with the Mayfair Oaks Homeowners Association.
Professional Engineer, John Moore, addressed the Board to verify that staff did meet with the Mayfair Oaks Homeowners Association. He stated staff began with trying to meet with all the Board of Directors of the Homeowner Associations, and he has made himself available to attend any of their full meetings. One meeting is scheduled for the end of this month, and he has spoken with other homeowner associations representatives and they are fine with the road. He said in telephone conversations, he explained what was happening. He said there was not a change in the actual roadway plans from what was originally contemplated, so the representatives did not need an additional presentation. He said the right-of-way acquisition phase will run through June, 2001, and staff will be available during that time to meet with the homeowners and answer any questions.
Upon inquiry by Commissioner Maloy, Mr. McCollum stated the only calls he has received have been about the power lines and that related to Huntington. He advised he had the information concerning the typical section for Chapman Road and was prepared to go through that today or at another time.
Commissioner Maloy stated he was interested in hearing from Mr. Kosmos from Huntington Park about how he feels this settlement will impact them.
Upon inquiry by Commissioner Morris, Mr. McMillan stated staff is ready to make its argument on behalf of the County, but it is questionable whether the County would prevail. He said staff does not oppose the settlement. He further advised that the settlement agreement is not a diminution of the County’s standing on future action. He said the agreement was modified to make it clear that the County was not giving up any authority relative to claims with Florida Power to use future right-of-ways, relative to franchise fees or anything else.
Assistant County Attorney, Rob Gebaide, addressed the Board to explain what would be accomplished with the agreement.
Dick Cosmas, President of Huntington Homeowners Association, addressed the Board to state he met with Mr. Moore and was given an overview of what was going to be looked at and that two major issues were going to be taken off the back burner. He said one of the issues that has not been brought to attention, which has been a hot issue for many years, and that is the widening of Chapman Road. He said his concern is that the respective subdivisions have not heard a great deal about this project. He said it was never indicated that this was going to come up for a vote. He found out when the power company sent out letters indicating a report was to be given on May 25. When he found out, in his message to the homeowners, he asked them to write their commissioners and let them know how they feel. He stated their annual meeting is on May 25, and it is superfluous if the Board is going to meet on this now. He asked the Board to at least hold this vote off until the constituents can hear when the County is going to widen Chapman Road. He said this is a key issue with the residents.
Commissioner Maloy responded that as far as the power line, at the previous Board meeting, the Board did say to move forward with widening of Chapman Road. He apologized if there was not better communication. He said it would still be several years before the road would be completed.
Upon inquiry by Chairman Henley, Mr. McMillan stated there is nothing in the settlement agreement dealing with widening Chapman Road. Mr. Gebaide said Section 5 states that on execution of the agreement, the County shall proceed with agreements on right-of-way. Mr. McMillan said the road widening is not dictated by the agreement.
Commissioner Morris clarified that the action in 1995 froze right-of-way acquisition and all activity on this roadway, and this agreement is now releasing that activity to finish acquiring the right-of-way.
Commissioner Maloy stated he thinks there needs to be better communication to the homeowner associations on what the Board is doing. He said he would be willing to meet with them and continue this item for two weeks.
Chairman Henley stated before making a motion, he would like to hear from the respondent on what would be the affect of a delay.
Attorney Brad Hines, representing Florida Power Corporation, addressed the Board to state they would oppose a delay on the settlement agreement on the grounds the issue appears to be the widening of Chapman Road rather than the settlement of this lawsuit. He said he believes the settlement agreement is fair to both sides and resolves this issue and puts in place the methodology for taking care of these concerns before they rise to this level. He said they don’t see any reason to delay the issue on the settlement. He stated the way the settlement agreement is drafted, it contemplates the County acquiring right-of-way for the widening of Chapman Road, but does provide that if that does not occur before July, 2001, Florida Power can construct temporary facilities in the current right-of-way path. They are comfortable with that position. They were trying to dovetail the construction to the greatest degree possible with the widening, but are prepared to move the construction ahead of the widening, because of the power demands and needs for the residents in the community.
Commissioner Maloy said his thoughts are that a delay of two weeks would negatively affect the situation. Further discussion ensued with Mr. Hines.
Commissioner Morris stated it seems there are two separate issues and, unfortunately, Florida Power is tied into the road widening issue. He said the Board has not made an affirmative vote to move forward on the road widening yet. It appears that the Board, although wanting more consultations with the citizens, is headed in that direction because of traffic problems. He said this agreement, not withstanding that widening, is separate because Florida Power would have to put in temporary lines anyway. Regardless of what happens, the Board believes that is a lawful right or it would be very difficult for the County to defend that action. He said this request could go forward and the Board could qualify that does not mean the widening goes forward, until such time that full participation has taken place. He said he would not favor a continuance. He asked for consideration to move forward on the request and qualified that this is not saying the road would be widened until there is public input. Discussion ensued with Mr. McCollum, Mr. Hines, and Mr. McMillan, and Mr. Cosmas.
Commissioner McLain asked why, as contentious as this road has been in the past, have we not communicated with the different homeowner associations to make them aware of the settlement.
Mr. Grace stated there has been some contact as the County Engineer indicated. He said it sounds important enough that the County should do a good public presentation to all the subdivisions before any of these items come back to the Board.
Upon inquiry by Commissioner McLain, Mr. McCollum stated acquiring right-of-way was not the issue. Previously, the Board consented not to go to construction on Chapman Road until the level of 20,000 cars a day was reached.
Commissioner McLain said he thought in 1995, the Board froze all action on acquiring right-of-way. Whereupon, Mr. Cosmas stated Mr. Moore indicated to him that the right-of-way had to be acquired.
Commissioner McLain said he doesn’t want it to be perceived in any way that the Board is moving forward with Chapman Road right-of-way acquisition and widening through the back door. He said he thinks the Board should continue this request for two weeks and allow the District Commissioner the opportunity to meet with the homeowners and explain the clear understanding of what the Board agreed to in 1995 and forward.
Mr. Hines gave closing comments highlighting that there has been a considerable amount of opportunity and notice on the power lines issue that is before the Board now.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to continue for two weeks request for approval to execute and file the settlement agreement and joint motion for approval of same by the Court in order to conclude litigation regarding Florida Power Corp. v. Seminole County.
Under discussion, Commissioner Maloy concurred with comments made by Commissioner McLain that the Board needs to do a better job of letting the public know what is going on.
Commissioner Maloy said he thinks he and Mr. McCollum need to meet together with the homeowner associations soon.
Commissioner Morris stated he supports the agreement and believes the Board will be back in two weeks on this issue. He thinks there has just been a little failure to communicate properly.
Districts 1, 4, and 5 voted AYE.
Commissioner Morris voted NAY.
The Board recessed at 10:38 a.m. and reconvened at 10:50 a.m.
county attorney’s Regular Agenda
Public Works Director, Jim Marino, and Assistant County Attorney Henry Brown addressed the Board to present request to approve proposed Settlement Agreement of the specific performance action related to the S.R. 434/Markham Woods Road/Douglas Avenue Road Realignment Project in the amount of $300,000.00 and other consideration including conveyances of property and construction commitments regarding Pebbles-Springside II property, General Partners, Theodore J. Pappas, Manual A. Garcia, III, and Fred Stanton Smith. Each party is to bear their own attorney’s fees and costs.
Mr. Grace advised he had spoken to Commissioner Van Der Weide and he indicated he is in favor of the request.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve the proposed Settlement Agreement, as shown on page __________, of the specific performance action related to the S. R. 434/Markham Woods Road/Douglas Avenue Road Realignment Project in the amount of $300,000.00 and other consideration including conveyances of property and construction commitments regarding Pebbles-Springside II property. General Partners, Theodore J. Pappas, Manual A. Garcia, III and Fred Stanton Smith. Each party is to bear their own attorney’s fees and costs.
Under discussion, Mr. Marino gave the time line of what will happen after the settlement, stating the property acquisition (primarily SunTrust property) should be completed by August or at the most by January. Mr. Brown briefly responded to Chairman Henley about how many other acquisitions are necessary.
Commissioner Morris commended Mr. Marino and Mr. Brown on the good work done.
Districts 1, 2, 4, and 5 voted AYE.
County Attorney’s Briefing
Mr. McMillan reported that all of the Wekiva Basins have been the subject of a final decision and are now in the final form. He also reported that the Excitement Video case has been voluntarily dismissed, and the Circus Circus case has now been dismissed. Also, two more adult entertainment cases have come to conclusion.
DCM Cindy Coto, Bobby Brantley and Eric Thorne, Legislative Lobbyists, addressed the Board to report on legislative issues. Mr. Brantley stated most of the major issues that were hotly debated in Tallahassee did not pass. He advised the funding for the Bridge at I-4 and Lake Monroe has been restored and $128,000,000 is in the budget. He said $350,000 is in the budget for the US Highway 17-92 drainage project. Further, he said $50,000 was in the budget for the National Cross-Florida Trail; $2.5 million is in the budget for the The Little Wekiva as part of an overall $8.7 million middle basin package for the St. Johns River Water Management District budget. Mr. Brantley said he feels these projects should not be vetoed as last year, as all of them went through the criteria process and additional steps. He cautioned the Board that until the Governor has his say, they should not look for any money to come to the County. He said he will be setting up a meeting in Tallahassee to go through the Telecommunications Bill and get a full understanding of the intent. He explained that he currently understands the bill is intended to be revenue neutral, but it appears there may be a necessity for counties and cities to raise taxes in order for it to be revenue neutral.
Ms. Coto stated the amendment to House Bill 67 replaced the intangible tax with 2.25% of sales tax, which was the original proposal under the original House Bill. The evaluation of the House Finance and Taxation Committee was that next year under the old system, the County would have received approximately $7,450,000; under this revision, the County will receive $7,236,737 for a decrease of approximately $213,000 in FY 2000-2001. However, they believe in FY 2001-2002 the County will receive $180,000 more than under the intangible tax calculation. She said this is depending on how the sales tax goes. The other information indicated that the retirement fund has dropped this year by an additional 1% and the Taxation Committee believes the 1% should cover the deficit the County is looking at for the next fiscal year. Ms. Coto said staff has not done a complete evaluation of that. Mr. Brantley added that the Committee cautioned that normally the sales tax projections they make are very conservative, so there could be no loss in funds and in the second year, there should be an increase.
Ms. Coto stated staff has provided to the Board the language (copy received and filed) that was passed as part of the Lynx legislation. She said there was a last minute amendment added to the bill, which indicates that until the reorganized board is in place, they cannot appoint a new executive director.
Commissioner Morris discussed the diminution of voting rights for Seminole County. Mr. Brantley advised Commissioner Morris that the Legislative Delegation and the Senate and House sponsors knew the County’s objections to three-fifths of the voting rights going to Orange County and the City of Orlando. He discussed that Senator Webster would be the one to decide this issue. He was helping Orange County in this case. Mr. Brantley said he could not tell who on the Legislative Delegation voted against the bill.
Chairman Henley stated he had communicated early on to Representative Johnson to let him know what position the Board of County Commissioners had taken and how disappointed they were that it was being ignored. He stated he would like the County Manager to research exactly what their obligations and options are regarding this, and to prepare any action this Board may want to consider. He said it does appear that Seminole County has been diminished as far as its influence on the Lynx board.
Mr. Brantley said he made sure that Representative Johnson was made aware that the Board could opt out of Lynx and there had been discussions among the members of the Board to do that.
Commissioner Morris said what concerns him greatly is if they can’t be heard on the structure on the organization they are on, how are they going to be heard later on issues they have to vote on. He said it deeply concerns him when they had discussions at the budget hearings about what the value of the "bang of the buck" was that they were putting into this group. He said Osceola and Seminole counties together put in more money than services received back on a percentage basis than Orange County already. Commissioner Morris said he thinks the Board needs to do a serious analysis of discussions with new folk for privatization, renegotiation with Lynx, or discussion with Voltran.
Mr. Brantley pointed out that the appointed memberships on the Lynx Board are not elected officials and the bill does not specify where their loyalties lie. He stated the entire issue has been that Orange County feels they are under represented on the Lynx Board and they want more and are saying this is the way to do it.
Chairman Henley said he agrees that this is an appropriate time for them to take a look at the situation.
Commissioner McLain said it was very disturbing to him that they have gotten to this point. He cannot understand why Orange County is not more considerate of the Board of County Commissioners’ feelings. He said he is not aware of any efforts on their part to make Seminole County feel more comfortable with this. He agreed the Board should move forward. He said all Seminole County is doing is facilitating making Orange County’s Comprehensive Plan work, and he thinks Orange County needs to understand that Seminole County doesn’t need that.
Commissioner Maloy said he thinks that during the budget session the Board needs to see what they are getting for their dollars. He said he personally called Senator Webster’s office but has not heard anything back from him.
Mr. Grace said staff will prepare an evaluation of the options and bring that back in conjunction with the budget.
Ms. Coto reported that written information on Article V has been submitted to the Board (copy received and filed). She said staff still doesn’t know what the implications are for this.
Mr. Brantley stated it has been a pleasure to work with Ms. Coto this year and he has enjoyed it.
County Manager’s Consent Agenda
Chairman Henley advised there was a revision to Item #15; and the firm of KCG, Inc., Orlando, was added to Item #23, which was inadvertently omitted in the requested motion.
Mr. Grace corrected Item #15, third line from the top to read "based on higher tax collections. . ."
Commissioner McLain had a question about Item #19. Commissioner Maloy had a question about Item #25.
Commissioner Morris had a question about the realignment on the Dog Track Road issue.
Under discussion of Item #34 to consider enactment of the "Chuluota Nonresidential Design Standards Zoning Overlay Ordinance," Commissioner Maloy stated that currently the County does not enforce colors. He said this would open up a whole new realm of code enforcement. He asked if there was a consensus to take that out.
Chairman Henley stated if they go with some design standards and don’t try to specify colors, they will end up with all kinds of colors. He thinks it is better to have some colors that are acceptable.
Commissioner McLain had questions about Item #21. Mr. McCollum and Steve Krug, Construction Project Manager, answered why the changes were not included in the original bid.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve and authorize the following, with modifications:
7. Confirm the County Manager’s appointment of James N. Marino to the position of Deputy County Manager at an annual salary of $95,000, effective May 10, 2000.
8. Approve and authorize Chairman to execute Amendment, as shown on page __________, to Conditional Utility Agreement for Water Service and Exhibit "G," as shown on page _________, for the project known as Seminole Pointe Apartments (Seminole County State Road 46, Ltd.).
9. Approve and authorize Chairman to execute Amendment, as shown on page __________, to Conditional utility Agreement for Sewer Service and Exhibit "G," as shown on page __________, for the project known as Seminole Pointe Apartments (Seminole County State Road 46, Ltd.).
10.BCR #00/90 in the amount of $89,140 – Environmental Services – Water and Wastewater: Fund 40100 – Water and Sewer Fund. Budgeted items were inadvertently budgeted as capital instead of operating.
11.BCR #00/91 in the amount of $6,472 – Library and Leisure Services – Historical Museum: Fund 00100 – General Fund. Transfer to place funds in appropriate account lines for general repairs and maintenance for the renovation of the Historical Museum.
12.BCR #00/92 in the amount of $775 – Environmental Services – Water and Wastewater: Fund 40100 – Water and Sewer Fund. Transfer to replace meter stolen when truck was vandalized. An incident report has been filed with the proper authorities.
13.BCR #00/94 in the amount of $500,000 – Public Works – Engineering: Fund 11500 – Infrastructure Tax Fund. A section of Silver Lake Dr. Phase II, from Ohio Avenue to SR 46/SR 415, is being redesigned to bypass the Brisson landfill area and to evaluate the need to 4-lane the section based upon land use, traffic constraints and environmental constraints. This BCR is related to Design Consultant Services Selection under Item No. 22 of the Purchasing agenda.
14.BCR #00/95 Capital Redesignation: Fund 40201 – Water and Sewer Fund. Request capital redesignation for the purchase of a spool gun needed for welding aluminum trailers. Current welding units are inadequate for aluminum repairs.
15.BCR #00/96 in the amount of $313,751 – Fiscal Services – Budget: Fund 00100 – General Fund. To increase funding for payments to the Tax Collector based on higher tax collections (and therefore fees) than had been anticipated at the time that the budget was prepared. MSBU
16. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Shun & Anna C. Chen and Jiann-Long and Ming Huei Wu for the Myrtle Lake Hills Road Paving and Drainage Municipal Services Benefits Unit (MSBU).
17. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Frank McCarthy for the Black Hammock Phase II Water Service Municipal Services Benefits Unit (MSBU).
18. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Eva L. Clark for the Lake Mills Shores Roadway and Drainage Municipal Services Benefits Unit (MSBU).
19. Approve and authorize staff to advertise and schedule a public hearing to consider adoption of Ordinance establishing final assessments for the Dixon Road Paving and Drainage Municipal Services Benefits Unit (MSBU).Purchasing
20.Award FC-1100-00/BJC, as shown on page __________, Replacement of Exhaust Fans at the John E. Polk Correctional Facility, to Air Mechanical & Service Corporation, Orlando ($65,943.00).
21.Approve Change Order #1, as shown on page __________, to FC-175-99/BJC, Chuluota Bypass Road Construction, with Pavex Corporation, Winter Garden ($92,940.64) (Time Extension).
22.Approve ranking list for PS-552-00/BJC, Professional Engineering Services for East Lake Mary Boulevard/Silver Lake Drive Redesign, authorize negotiations, and award an Agreement, as shown on page __________, to Dyer, Riddle, Mills & Precourt, Orlando (Not-to-Exceed $475,000.00/year).
23.Approve ranking for PS-555-00/BJC, Professional Engineering Services for Minor Roadways and MSBU Design for construction projects with an estimated cost of $500,000.00 or less; authorize negotiations and award Master Agreements, as shown on page __________, to Dyer, Riddle, Mills & Precourt, Orlando; Inwood Consulting Engineers, Orlando; KCG, Inc., Orlando; PEC, Orlando; TEI Engineers & Planners, Lake Mary; and WCG Professional Engineers, Maitland (Not-to-Exceed $750,000.00/year).
24.Award PS-556-00/BJC, as shown on page __________, Electrical Engineering Services for the design, programming, repair, maintenance, support, panel construction and installation services of Controls and Telemetry Systems, to DCR Engineering Services, Inc., Mulberry (Not-to-Exceed $550,000.00/year).
25.Approve Amendment #5, as shown on page __________, to PS-331-95/BJC, Design Services for Lake Drive (Seminole Boulevard to Tuskawilla Road), with Lochrane Engineering, Inc., Orlando ($2,724.00).
26.Approve First Renewal to PS-538-99/BJC, Architectural and Engineering Services for Construction Projects with an estimated cost of $500,000.00 or less, with Bentley Architects & Engineers, Inc., Longwood; Borrelli & Associates Architects, Planners, Winter Park; and MRI Architectural Group, Inc., Orlando (Not-to-exceed $600,000.00/year) (June 8, 2000 through June 7, 2001).
27.Approve Amendment #1, as shown on page __________, to RFP-481-00/GG, Renovation of Elevators with Delta Elevator, Inc. Orlando ($31,500.00).
28.Approve a year extension to RFP-422-97/BJC – Financial Services Consultant, with Hanifen, Imhoff, Inc., Investment Bankers (not to exceed $100,000.00) (February 24, 2001 through February 23, 2002).
29.Award A/B-389/JVP, Traffic Signal Cable and Hardware Supplies, to Rainbow Distributors, Lake Mary, (Group I); Anixter, Inc., Orlando (Group II); and Engineered Castings, Hialeah (Group III); and Anicom, Orlando (Groups IV), (Not-to-Exceed $200,000.00/year).
30.Approve Second Renewal to A/B-326/JVP, Fire Alarm Testing, Repair & Maintenance, with Cerberus Pyrotronics, Longwood (June 5, 2000 through June 4, 2001) (Not-to-exceed $75,000.00).
31.Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement (FOCN), as shown on page __________, between Seminole County and the School Board of Seminole County.
Planning & Development
32.Approve and authorize Chairman to execute Joint Planning Interlocal Agreement, as shown on page __________, between Seminole County and the City of Orlando.
33.Adopt appropriate Resolution #2000-R-105, as shown on page __________, vacating and abandoning the ten-foot wide utility easement between Lots 19 and 20, Orange Blossom Business Center; property located on the south side of Pemberton Drive in the Orange Blossom Business Center, east of Orange Blossom Trail (SR 441) just north of the Seminole/Orange County line, Colin York Family Trust.
34.Approve and authorize staff to schedule and advertise public hearings to consider enactment of the "Chuluota Nonresidential Design Standards Zoning Overlay Ordinance".
35.Adopt appropriate Resolution #2000-R-106, as shown on page __________, approving the establishment of two Fish Management Areas located in the Cities of Oviedo and Casselberry in which management agreements have already been approved.
36.Adopt appropriate Resolution #2000-R-107, as shown on page __________, and authorize Chairman to execute an Agreement, as shown on page __________, with the Florida Department of Transportation to facilitate the Multi-Use Trail Bridge over SR 434 (Cross Seminole Trail).
37.Adopt appropriate Resolution #2000-R-108, as shown on page __________, accepting a QuitClaim Deed, as shown on page __________, from Joseph E. Ensor, Jr. to Seminole County for roadway improvements to First Street.
38.Adopt appropriate Resolution #2000-R-109, as shown on page __________, accepting a QuitClaim Deed, as shown on page __________, from Bruce A. Kern, Jr. and Susan M. Kern to Seminole County for roadway improvements to Lake Cochran Road, a/k/a Cochran Road.
Districts 1, 2, 4, and 5 voted AYE.
PUBLIC SAFETY/EMERGENCY MANAGEMENT
John Blackwood, Emergency Management, addressed the Board to request authorization to adopt the Initial Local Hazard Mitigation Strategy Document prepared on October 31, 1999. He advised how the document is going to be used.
Upon inquiry by Chairman Henley, Mr. Blackwood said he would come back to the Board on each item.
Commissioner Morris commended Mr. Blackwood on a great work project.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt the Initial Local Hazard Mitigation Strategy Document prepared on October 31, 1999.
Districts 1, 2, 4, and 5 voted AYE.
Dave Martin, Public Works, addressed the Board to present request for approval of staff’s responses and recommendations regarding re-alignment of the Seminole Wekiva Trail; and authorize staff to proceed with development of corresponding amendments to the design and funding agreements for this project. He reviewed the concerns by the environmental groups.
Commissioner Morris clarified with Mr. Martin that a significant portion of the paved trail that went toward the water is being eliminated and the planned overlook is being eliminated. Mr. Martin said staff is looking into using composting-type temporary bathrooms at the proposed plantation trailhead and looking into master planning and possibly changing that to Sylvan Lake Park in the future. He said staff is continuing with the permitting process for the permanent facility with the wording that this will possibly be amended to a composting, temporary facility. Whereupon, Commissioner Morris clarified that it will be cited in the request that staff will look at the other option with the idea to potentially do this if access is obtained to Sylvan Lake Park. Mr. Martin advised that staff has met with the St. Johns River Water Management District and discussed what needs to be done to include in the application with respect to the repair and habitat zone in the railbed and to include a future connection to Sylvan Lake Park in the permit. Commissioner Morris further clarified that staff will show where they want the primary trail to go.
Upon inquiry by Commissioner Morris, Mr. Grace said the staff recommendation is to pave 40 parking spaces. Whereupon, Commissioner Morris stated he is suggesting less paving, which would be a lot less costly and more environmentally friendly. He suggested paving 20 parking spaces and leaving 20 not paved.
Commissioner McLain said he would not have a problem with paving 20 parking spaces now, but he would not want to go back with a change in the plan to get additional paved spots. He said he would support leaving the amount at 40 and paving just 20 and if they see the need, to pave additional spaces. He also said he doesn’t like the wording, temporary restroom facility. He wouldn’t mind it being a composting restroom facility. He wants to make sure they don’t put themselves into a position that they have to remove restrooms because they are supposed to be temporary.
Chairman Henley and Commissioner Morris concurred to say, "up to 40 paved parking spaces." Commissioner Maloy suggested saying, "they will initially pave 20 spaces," and Commissioner Morris concurred. Commissioner McLain added, "but the permit will allow up to 40."
Regarding the restroom, Mr. Martin said he would like to continue with the permit for the restroom as he has it now, with the verbiage that in the future, staff will look into the composting toilet to see what maintenance and other activity would be involved with that. Whereupon, Commissioner Maloy said he would like to know more before deciding to do that because the composting toilet didn’t sound too appealing. He asked staff to keep in mind the use of a restroom by families with babies and children, as Commissioner McLain mentioned. Mr. Martin said he would put in the flexibility.
Motion by Commissioner McLain, seconded by Commissioner Morris, to approve the staff’s responses and recommendations, as amended, regarding re-alignment of the Seminole Wekiva Trail; and authorize staff to proceed with development of corresponding amendments to the design and funding agreements for this project.
Districts 1, 2, 4, and 5 voted AYE.
County Manager’s Briefing
Kevin Fall, Program Manager, addressed the Board to present an amendment to the level of participation within the Casselberry’s Community Redevelopment Area (CRA). He explained the City of Casselberry recently enacted an ordinance that increased the level of participation to fund from 70% to 95%. The County’s delegating resolution is written so that the County’s level of participation is directly tied to the ordinance defining the level of participation by the City of Casselberry. He asked for the Board’s direction on whether to confirm the increase from 70% to 95% or direct staff to draft a different resolution of delegation at a level that Board is comfortable with.
Upon inquiry by Commissioner Morris, Mr. Fall answered what Casselberry is doing within the CRA on 17-92.
Dick Wells, Casselberry’s Community Development Director, addressed the Board to discuss the land purchases that have taken place.
Chairman Henley stated he doesn’t believe the resolution requires them to extend the term of the CRA to 20 years. He said he would like to confirm that part of the agreement to increase the level from 70% to 95%.
Commissioner Morris said on the 20-year issue, those in the majority on the CRA wanted 10 years so the CRA could be proven and tried, and they could have real evidence before doing an overlay. He said he thinks the Board should stay with 10 years.
Chairman Henley added that the long-term commitment of funds could have unintended consequences on the County’s budget in the future.
Upon inquiry by Commissioner McLain, Mr. Wells advised they would prefer to see the term longer for bonding. He said the change to 10 years would limit what they can do.
Jack Schluckebier, Casselberry City Manager, addressed the Board to state they were not prepared to discuss the extension issue today. He said the more support that the City and the County can lend to the CRA, the better. He said increasing to 95% will only fund $3 million or $4 million of the $18 million. He answered Commissioner McLain that 20 years would make it equal to the amendment made to the City of Sanford on timing.
Commissioner McLain stated he wants to make sure the Board is dealing with Casselberry on an equal footing as with the City of Sanford and doesn’t want there to be any sense that the Board is withholding anything.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to confirm the level of funding for Seminole County will reflect the City of Casselberry’s 95% level to the Casselberry Community Redevelopment Area (CRA).
Districts 1, 2, 4, and 5 voted AYE.
Ms. Coto presented the request for approval of the dedication of Airport Boulevard from Highway 17-92 to SR 46 as Martin Luther King, Jr. Memorial Highway as requested by the City of Sanford; authorize funding up to $3,500 to the City of Sanford to produce and install the signage; and authorize the County Manager to transfer the funds into the appropriate budget line.
Ms. Coto explained that this is funding on a 50-50 basis with the City of Sanford. She also explained that this is not renaming Airport Boulevard, but dedicating the road in Dr. King’s memory.
Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve the dedication of Airport Boulevard from Highway 17-92 to SR 46 as Martin Luther King, Jr. Memorial Highway as requested by the City of Sanford; authorize funding up to $3,500 to the City of Sanford to produce and install the signage; and authorize the County Manager to transfer the funds into the appropriate budget line.
Under discussion of the motion, Chairman Henley suggested the motion say to authorize the funding for half the cost up to $3,500. Whereupon, Commissioner McLain amended the motion to say up to 50% of the cost, not to exceed $3,500.
Chairman Henley said the way the staff report reads, it denotes a name change. He stated if the plaque says dedicated to the memory of Martin L. King, there would not be any confusion. Commissioner McLain said he did not think there was any confusion and he thinks Ms. Coto made it clear there would not be a name change.
Commissioner McLain withdrew his motion.
Chairman Henley said he supports dedicating the segment of the road in memory of Martin L. King.
Commissioner Morris said he thinks they should rename SR 46 as Black Heritage Trail/Martin L. King Highway, but he understands the City of Sanford’s request.
Chairman Henley surrendered the gavel to the Vice Chairman for the purpose of making a motion.
Motion by Commissioner Henley, seconded by Commissioner Morris, to approve the section of Airport Boulevard from Highway 17-92 East to SR 46 to be dedicated to the memory of Martin Luther King, Jr. and authorize funding for half of the cost up to $3,500.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner Morris directed that placing of the memorial markers and signs go through the District Commissioner and the Board so they can see what they are and what’s being planned. Whereupon, Ms. Coto said she will make that known to the City of Sanford.
The Commissioners discussed with Ms. Coto what kind of sign is being planned.
Mr. Grace said his thoughts were to let the City coordinate the project, but the City must come back to the Board for approval because it is a County right-of-way.Clerk’s Consent Agenda
Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize the following, as amended:
1. Expenditure Approval List, as shown on page __________, dated April 18, 2000; and Payroll Approval List, as shown on page __________, dated April 27, 2000.
2. Chairman to execute the Satisfaction of Judgments/Bail Bond Liens for Mary Patricia Martin & Accredited Surety & Casualty - $3,038.
3. Chairman to execute the Satisfaction of Judgment/Code Enforcement Lien for Dennis A. Callaghan, #94-24-CEB - $1,000.
4. Chairman to execute the following Satisfactions of Judgment/Public Defender Fees and Court Costs:
Rodney K. Albright, #98002300CFA - $40 Public Defender Application Fee
Rodney Kim Albright, #98001405CFA - $40 Public Defender Application Fee
Precious L. Allen, #98004873CFD - $40 Public Defender Application Fee
Matthew John Armstrong, #98002273CFA - $40 Public Defender Application Fee
Steven R. Arthur, #99006043MMA - $40 Public Defender Application Fee
Reynaldo Benavidez, #99000109CFB - $40 Public Defender Application Fee
Christopher Brannan, #96001335CFA - $255 Court Costs plus $59.83 interest
Christopher Brannan, #96001388CFA - $253 Court Costs plus $49.35 interest
Christopher Brannon, #96001032CFA - $255 Court Costs plus $59.83 interest
David Bright, #99010750MMA - $40 Public Defender Application Fee
Shanita Deanne Cannon #98004859CFA - $40 Public Defender Application Fee
Bonnie Miller Caron, #96007471MMA - $272.50
Denis Delgado, #97013797MMA - $50 Balance of Court Costs
Rafael Esquilin, #96001128CFA - $105 Court Costs plus $17.57 interest
Tiara Hancock, #97003885MMA - $110 Court Costs plus $7.25 interest
Randy James Howell, #97012559MMA - $255 Court Costs plus $16.61 interest
Joel E. Kidd, #97003146CFA - $40 Public Defender Application Fee
Liliana Killian, #96002052CFA - $255 Court Costs plus $65.15 interest
Michael Joseph Lamia, #99005798MMA - $40 Public Defender Application Fee
Antonio Lukachi, #98004303CFA - $40 Public Defender Application Fee
Dat Q Luu, #99000507CFA - $40 Public Defender Application Fee
Keri McGray, #99006182MMA - $40 Public Defender Application Fee
Roberto O. Millan, #98001843CFA - $40 Public Defender Application Fee
Gayle Suzanne Miller, #97000323CFA - $40 Public Defender Application Fee
Perfector Perez, #96003375CFA - $40 Public Defender Application Fee
Dody Rochester, #99000806CFC - $40 Public Defender Application Fee plus $328 Court Costs
Raynard Scott, #99005741MMA - $40 Public Defender Application Fee
Michael A. Shaw, #96003440MMA - $40 Public Defender Application Fee plus $110 Court Costs
Bobby Glenn Thomas, #99004659MMA - $40 Public Defender Application Fee
Clyde Roger Webb, #98000806CFA - $40 Public Defender Application Fee
Mary Louise White, #98003400CFA - $328 Court Costs plus $40 Public Defender Application Fee and $27.30 interest
Mary Louise White, #98003399CFA - $40 Public Defender Application Fee plus $328 Court Costs and $27.30 interest
Frankie Lee Williams, #96001056CFB - $40 Public Defender Application Fee
Willie Fred Williams, #97003704CFA - $40 Public Defender Application Fee
James Worrell, #99006832MMA - $40 Public Defender Application Fee
5. Approval of Destruction 2000 of Filmed, Non-filmed and Payroll Records, as shown on page __________, from BCC Finance and County Commission Records, per Florida Statutes and Division of Archives.
6. Approval of Official Minutes dated April 11, 2000.
Districts 1, 2, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk’s "received and filed":
1. Proof of publication, as shown on page __________, for notice of rezoning for SBC Development, for BCC public hearing held on November 23, 1999.
2. Letters from Ginny Markley, Zoning Coordinator, to the following for actions taken at the April 24, 2000 Board of Adjustment hearing: Scott & Kathryn Chrisien; Laura Belflower; William J. Paluso; Richard L. Wheatley; Richard & Barbara Sidkoff; William Ponder; Dan Russell; Frances Tylenda; Brenda & Robert B. Atkins, Jr.; Garrett & Stephanie Puzzo; Sandra Chung; Leif Johansson; Ronald Archer; Ethel White; Rob Walsh; and Adam Dionna.
3. Internal Audit, as shown on page __________, prepared by the Office of Clerk of Circuit Court relating to Administration of Contractual Agreement (A/B-118) with Asphalt Recycling, Inc.
4. Internal Audit, as shown on page __________, prepared by the Office of Clerk of Circuit Court relating to Administration of Contractual Agreement (A/B-127) with Orlando Paving Co.
5. Letter from Darrin Mossing, Finance Director, Dovera Community Development District, to Maryanne Morse, Clerk of Court, submitting the District’s Annual Financial Report.
6. Letter to Maryanne Morse, Clerk of Circuit Court from Thelma McPherson, City Clerk, City of Casselberry, regarding Ordinance #00-978.
7. Permanent Drainage Easements, as shown on page __________, for the following: Mohammed Ghamy Shan Juman; DOT Investments Inc. of Pembroke Pine; and Gerald and Alma Claus.
8. Certificate of Title, as shown on page __________, for Engle Homes for the subdivision plat of Oakhurst.
9. Maintenance Agreement and Letter of Credit, as shown on page __________, in the amount of $25,740.90 for Roads, Water & Sewer for the Subdivision known as Sawgrass.
10. Maintenance Bond, as shown on page __________, in the amount of $61,862 for the Subdivision known as Alaqua Lakes Phase IV.
11. Maintenance Bonds, as shown on page __________, as follows: Riverside Landings in the amount of $6,074; Cardinal Point in the amount of $10,116.49; Chase Groves 3 in the amount of $24,000; Alaqua Lakes Phase IV in the amount of $41,953; Bear Stone f/k/a Aloma Woods Phase 7 in the amount of $20,663.19; Aloma Bend Marketplace/Oak Hollow Road in the amount of $78,750; Citrus Oaks in the amount of $33,325.80; Citrus Oaks in the amount of $5,874.20; Chase Property Phase 1 (aka The Cove) in the amount of $35,723.09; The Cove f/k/a Chase Property in the amount of $40,606.70; Tuck’s Knoll in the amount of $2,395; and Ballentyne Subdivision in the amount of $10,400.60.
12. Maintenance Bonds, as shown on page __________, as follows: Cherry Ridge Phase 3 in the amount of $16,633; Terra Oaks Subdivision in the amount of $77,032; Lakehurst Phase II in the amount of $8,154.45; Vantare in the amount of $3,987.20; Community National Bank in the amount of $1,140.13; and Rainbow Forest in the amount of $3,820.49.
13. Work Order #6, as shown on page __________, to RFP-443-98.
14. Work Order #2, as shown on page __________, to RFP-451-98.
15. Work Order #12, as shown on page __________, to PS-532-98.
16. Work Orders #11 & #12, as shown on page __________, to PS-538-99.
17. RFP-48-99 Vending Services Agreement, as shown on page __________, with Lance, Inc.
18. First Amendment, as shown on page __________, to Work Order #18 to PS-518-98.
19. First Amendment, as shown on page __________, to Work Order No. #4 to PS-532-98.
20. Schedule #105, as shown on page __________, to Master Lease Agreement with ePlus Group, Inc.
21. Documents, as shown on page __________, submitted in the Official Record relating to CR 46A, Phases I & III; Wymore Road; Grant Line Road; Airport Blvd, Phase III; Howell Branch Road, Phase I; CR 427, Phase IV; Tuskawilla Road, Phase III; and Phase IV.
22. Satisfaction, as shown on page __________, of Connection Fees for the project known as Burger King at Aloma and Dean.
23. Utility Agreements, as shown on page __________, for the following: Herman Fields for the project known as Fields & Son; Robert F. VonHerbulis for the project known as McKee Construction; Eric & Susan Rosoff for the project known as The Preserve at Interlachen; Albors Properties for the project known as Albors Office Building.
24. Bill of Sale and Letter accepting water and sewer systems, as shown on page __________, for the project known as Chase Groves, Unit 3.
25. Bill of Sale and Letter accepting water and sewer systems, as shown on page __________, for the project known as Heathrow Tract 35.
26. Mutual Termination, as shown on page __________, of Work Order #2 to PS-516-98.
27. First Amendment, as shown on page __________, to Work Order #21 to PS-518-98.
28. Bids, as shown on page __________, as follows: FC-1104-00; FC-1105-00; FC-1106-00; FC-1107-00; and FC-1108-00.
Commissioner Morris reported he has learned the County may be receiving a letter from the applicant, Ryland Homes, withdrawing their application for tonight’s meeting.
The Board, thereupon, recessed at 12:24 p.m., reconvening at 1:39 p.m., this same date 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.
Chairman Henley recognized Jim Marino whose appointment to Deputy County Manager was confirmed by the BCC at this morning's session.
PROOFS OF PUBLICATION
Motion by Commissioner Maloy, seconded by Commissioner Morris to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 4 and 5 voted AYE.
REQUEST TO VACATE & ABANDON,
HEATHROW LAND COMPANY, LTD.
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to vacate and abandon the 15-foot wide easement for drainage and utilities lying 7.5 feet on either side of the common lot line between Lots 4 and 5, in Heathrow Woods Phase 4; property located on the south side of Bridgewater Drive in the Heathrow Woods Subdivision on the west side of Markham Woods Road, approximately 1/4 mile north of Lake Mary Boulevard, Heathrow Land Company, Ltd., received and filed.
Planner, Matt West, addressed the Board to advise the applicant wishes to combine the two lots. He added that staff does not object to the vacate.
No one else spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-110, as shown on page __________, vacating and abandoning the 15-foot wide easement for drainage and utilities lying 7.5 feet on either side of the common lot line between Lots 4 and 5, in Heathrow Woods Phase 4; property located on the south side of Bridgewater Drive in the Heathrow Woods Subdivision on the west side of Markham Woods Road, approximately 1/4 mile north of Lake Mary Boulevard, as described in the proof of publication, Heathrow Land Company, Ltd.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Henley advised of an invitation to the Regional Commissioners' meeting on June 19, 2000 at 9:00 a.m., at Daytona Beach U.S.A. National Speedway. He stated this is a published meeting so there will be no problem with Sunshine Laws. He asked that if any Commissioner wants to bring an issue up at this meeting, that they provide it to the County Manager so it can be put on the agenda.
Chairman Henley advised the Board, for information only, that Rudy Maloy is seeking the Second Vice President position of the National Association of Counties.
DISTRICT COMMISSIONERS' REPORTS
Commissioner McLain stated he and Commissioner Maloy had a great time at the Grand Opening of the Helen Stairs Theater on May 6, 2000. He added this is something that the entire community can be proud of.
Commissioner Maloy briefly discussed the new rules adopted by the St. Johns River Water Management District and the affect they will have on nesting and the Lake Jesup basin. Copy of Memorandum dated May 4, 2000 from Senior Planner, Craig Shadrix, was received and filed. He advised of receipt of letter from a Black Hammock resident requesting a letter of support for making the basin a nesting basin.
Commissioner McLain questioned how this would affect the mitigation for the airport. Whereupon, Director of Planning & Development, Frances Chandler, addressed the Board to advise the County has been working with the airport on a joint easement purchase for mitigation purposes, but this will not affect that.
Commissioner McLain stated he believes staff should check with other governmental agencies that are affected by this rule in order to receive their input.
Commissioner Henley requested appointment of Lillian Griffin to the Historical Commission.
Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Lillian Griffin to the Historical Commission.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Henley advised he has been receiving extremely favorable comments on the road crews and the paving program.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received & filed:
Commissioner Maloy advised of an emergency meeting of LYNX scheduled for tomorrow.
Chairman Henley advised that Commissioner Morris will be speaking about Seminole County's economic development and tourism at the Sixth Annual International Summit scheduled for May 16 & 17, 2000.
Commissioner Morris suggested that in the absence of Commissioner Van Der Weide, the Board assign a delegate to attend any MetroPlan meetings scheduled in order to assure two votes for Seminole County.
Commissioner Morris briefly discussed the Planning Council and the negotiations for the regional initiative. He advised both Brevard and Volusia Counties favor moving forward in some modified format. He said it is interesting that Brevard, Volusia and the representative from Osceola County have said that Orange County's involvement is not essential.
Commissioner Morris advised he will be distributing all information and documents with regard to the Selection Panel he served on for the Award for Excellence in Economic Development. Copy of letter from Chester Straub, Jr., U.S. Department of Commerce, to Commissioner Morris was received and filed.
Chairman Henley advised that the Board is past due on their annual evaluation of the County Attorney; and requested that any comments from individual Commissioners be given to him post haste.
Chairman Henley advised he will not be in attendance at this evening's meeting as he is making an emergency trip to Tennessee.
Discussion ensued with regard to the number of votes required for the 7:00 p.m. hearing.
County Attorney, Robert McMillan, advised no super majority is required.
The Board, thereupon, recessed at 2:06 p.m., reconvening at 7:03 p.m., this same date with all Officials, (with Chairman Henley being absent), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
AWARDS & PRESENTATIONS (Continued)
Vice Chairman Maloy stated all of the members of the Lake Mary High School Color Guard are not in attendance and this item will be delayed until after the first public hearing item.
Continuation of a public hearing to consider request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling); property located on the east side of Lake Emma Road between Emma Oaks Trail and Longwood Hills Road, as described in the proof of publication, The Ryland Group.
District Commissioner Morris advised that the applicant has requested that this item be withdrawn. A copy of the letter requesting the withdrawal was received and filed.
Upon inquiry by Commissioner Morris, Robert McMillan advised the item has been withdrawn, therefore, the Board does not need to make a motion to withdraw.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from C-2 (Retail Commercial) to PCD (Planned Commercial Development); approve the development order placing staff requested conditions upon the rezoning approval, and approve the proposed preliminary PCD site plan for the subject property; located on the east side of CR 419 between 5th Street and 7th Street, Chuluota, Milan Patel and Mukesh Patel, received and filed.
Gary Schindler, Senior Planner, addressed the Board to advise staff has received an e-mail (received and filed) this morning from Mr. Lonnie Groot with some additional conditions. He stated he has submitted a revised development order (received and filed) incorporating these conditions. He said staff has reviewed these conditions and they have no problem with them. He displayed a revised zoning overlay (received and filed) showing the zoning of the subject property. He stated this plan differs very slightly from the one that is incorporated into the package. The plan primarily shows the connection between the parking lot and internal roadway and that is the primary difference between the plan in the package and the proposed plan just submitted. He added staff has reviewed the proposed PCD zoning and recommends approval of the request.
Upon inquiry by Vice Chairman Maloy, Mr. Schindler advised the applicant has met with the residents and they have come to an agreement relative to the architectural facade of the proposed property. This facade does incorporate standards from the Chuluota Nonresidential Design Standards.
Upon further inquiry by Vice Chairman Maloy, Mr. Schindler advised he spoke with Florida Utilities to verify that the utilities located on 7th Street is a combination of a water site and water treatment facility. The applicant has revised the plan so that the underground tanks and the pumps are outside the 500-foot radius. The pump island is just outside the 500 foot requirements and the underground tanks are about 545 feet.
Lonnie Groot, Shutts & Bowen, addressed the Board to state he is here representing the owners of the property. He introduced the following: property owners Milan and Mukesh Patel; Professional Architect Scott Raymond, and Professional Engineer Sid Chehayeb. He discussed how his firm worked with the community and stated he would like to give the Board some reassurance on the underground storage tanks. He submitted the following into the Record: Decision of the 5th District Court of Appeal filed 3/28/00 involving Thomas Binford vs Seminole County BCC; a transcript of an oral argument before a three judge panel relative to the same matter; a letter dated 2/21/97, signed by Ginny Markley to Mr. Binford advising him that his appeal had been denied; and a letter dated 2/12/97 to Mr. Amin advising that the appeal had been denied; a transcript of the BCC hearing dated 2/11/97 appealing the decision of the Board of Adjustment (BOA); a copy of Development Order #97-057 showing approval of the special exception applied for by the Amin brothers; minutes of the 2/11/97 BCC meeting relating to the BOA appeal; a petition of 118 signatures that was introduced by Mr. Weinberg at the 2/11/97 BCC meeting; agenda and backup information relating to the 2/11/97 BCC hearing; agenda information relating to the 12/16/96 Mr. Amin’s BOA hearing; and agenda memorandum dated 1/6/97 relating to the access point on SR 419.
Mr. Groot stated he feels the site plan indicates that the current property owners have made this a quality development and have addressed the concerns of the community. He stated the e-mail that he sent is based upon the last of a series of meetings that he had with the residents of Chuluota and numerous concessions were made. He submitted a survey (received and filed) of the property clearly showing that the proposed underground storage tanks will be located in accordance to State law. He also submitted pamphlets (received and filed) showing the type of storage tanks and materials that will be used, and he briefly reviewed same. He said the property is now zoned C-2 and there is a whole list of uses that could be permitted on the site at this time. He stated he believes that this is a well-planned use and he appreciates the Board’s support on this request. A site plan of the proposed request was received and filed.
Upon inquiry by Vice Chairman Maloy, Mr. Groot advised the owners to the east and southeast will have access into the parking area of the PCD and likewise they will have access into the shopping center through the PCD.
Sid Chehayeb, Civil Engineer, addressed the Board to explain for Commissioner Maloy how the access will be connected.
AWARDS AND PRESENTATIONS (Continued)
Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-104, as shown on page _________, commending the Lake Mary High School Color Guard upon receiving the Gold Medal in the Finals Competition at the National Championship in Dayton, Ohio.
Districts 1, 2, and 5 voted AYE.
The Board presented the Resolution to a representative of the Lake Mary High School Color Guard and she expressed her appreciation.
Walter Cutler, 1810 So. CR 419, addressed the Board to advise he is the Vice President of the Southeast Seminole Voters Association. He stated there have been numerous community meetings with the applicant and the number one issue discussed was the potential pollution of the water supply. The Chuluota Design Standards has not been approved by the Board to date and the residents want to make sure that this request will meet that standard. The architect has been very cooperative in making this request meet the proposed design standards. He said he would like the canopy over the pumps to be the same design to match the building. He displayed a picture (received and filed) of the proposed building and advised the residents in Oviedo would like the canopy to match the surrounding building as opposed to the Citgo station in Lockwood. He added he would like the lights underneath the canopy be recessed so that they shine directly down and not glow across the street. There have been concerns with regard to electrical contention wires being so close to a gas station and access across the Florida Trail. He stated he would like someone to address the issue of whether or not the 660-ft. separation between 5th and 7th Streets entrance will be met. He added there have been discussions relative to the retention area and what kind of plan they will have for contaminated runoff.
Sean McCarthy, 837 Nocturne Dr., addressed the Board to address the safety issues of the trail around the site. He stated this development is much more intense and has a lot more square footage. He submitted a document showing the distance between the roads and he stated it barely meets the distance of 660 ft. required by FDOT. The proposed new road will not line up with the road across the street. There is definitely a traffic issue and this should be addressed. Sewer or septic service is not on the site plan and a lift station should be located somewhere near that area. He submitted parcel information and maps (received and filed) showing the downtown swimming hole, the site, and commercial, multi-family and residential areas. He submitted a tree inventory of the lot and he stated according to the site plan most of the trees will have to be destroyed and he would like to save them if at all possible. Pictures of the surrounding area and trail were received and filed. He stated the Board has an opportunity tonight to preserve the nature trail, dedicate a community center and enhance the quality of life. He said the abandoned section of the East Coast railway was dedicated to the State of Florida and to Seminole County for the public good. This property runs in front of the applicant’s property and a surveyor’s document indicates that there is more property that the County owns and they may not be aware of this. He stated moving the trail to a state road highway is not a good idea and he submitted a map (received and filed) showing the old trail and the proposed new trail. He stated 500 ft. of vehicular trail will be added as well as a horse and pedestrian trail, and by adding five entrances to this big facility is not the proper way to dedicate a multi-use trail. The trail should be on the community side of the traffic and the traffic should be on the traffic side. He said he talked to Billie Meiser of the Property Appraiser’s office, who is an expert person to plot out the legal description of a map, and she indicated that if this is his property, he should contact an attorney that handles land disputes. He displayed a map (received and filed) showing in red Exhibit A and Exhibits B and C showing a 175-ft. wide strip. He said there is a 25-ft. strip on the west side that is owned by Seminole County (indicated by the QuitClaim Deed submitted), and the other side is a 50-ft. wide area which is currently being used by the Trail Association. He stated he feels the Board should obtain a surveyor to find out what they own in the area. He encouraged the Board to look beyond the boundaries when they make their decision and to show the developer that the trail is an asset to the community and not something to be pushed aside.
Bob Witmer, 695 Riverwood Trail, addressed the Board to state he is basically pleased with the way this has worked out in terms of the interaction of the developers. He stated this is the first time that the developers have listened to the community concerns. He said he is in support of the project because it is in the center of town. He added the one reservation he has is moving the trail. He stated he feels they should work around the trail and try to incorporate it into this project. He continued by stating he would hope that the use for apartments will be excluded from this project and this should be placed in the development order. He stated if a Board member makes a motion to approve this, he would like the motion maker to indicate the restrictions on the types of commercial development in that motion.
Kathleen Corbett, 118 E. 8th St., addressed the Board to state she feels that 502 feet is a little too close for comfort because she lives on the other side of the public well. She stated the design of the building is very pretty and it will fit in very nicely, but her main concern is the water. She expressed her concerns with the school kids having to stand along the road to catch the school bus and additional traffic traveling down this road.
Vice Chairman Maloy stated the following Written Comment Forms were submitted: Rita Fuston; Math & Jan Laikask; and Bob Witmer.
No one else spoke in support or in opposition.
Speaker and Written Comment Forms were received and filed.
Upon inquiry by Commissioner Maloy, Amanda Smith, Planner, addressed the Board to advise Mr. Chehayeb met with staff several times relative to the trail issues and staff felt that Mr. Chehayeb’s willingness to help out the trail program was more than appropriate for that area. She stated staff doesn’t believe there will be too many negative impacts on the trail.
John Dwyer, Section Chief, addressed the Board to advise staff is interested in preserving as many specimen trees onsite as they possibly can and that issue will be addressed in more detail during the engineer and site plan specific issues.
Upon inquiry by Commissioner Morris, Mr. Schindler advised 36.8% green space is on the plan and the revised plan does not significantly reduce that green space.
Commissioner Morris recommended doing a trade-off in some areas of the total green space requirements versus trying to preserve some of the major trees.
Mr. Dwyer stated staff is willing to work with the applicant in trying to preserve the specimen trees as well as the drip line. Before that can be done, a survey and engineering information is needed. He stated that an avenue that staff can explore is to do a trade-off to delete some parking spaces to save specimen trees.
Commissioner Morris stated he feels the Board needs to see the caliber of the trees and the type of specimens that are being preserved.
Upon inquiry by Commissioner Maloy, Mr. Dwyer advised apartments are not allowed in a PCD use.
Upon further inquiry by Commissioner Maloy, Mr. Schindler advised the project will have adequate potable water to serve this facility. If they don’t, the final site plan will not be approved.
Mr. Dwyer informed Commissioner Maloy that a containment system is required when gas pumps are in operation.
Mr. Schindler addressed the separation requirement for Commissioner Morris.
Mr. Groot stated the issue of preserving the specimen tree is specified in the development order.
Scott Raymond, Projects Director for Arts Solution Architects, addressed the Board to state with regard to the canopy issue, if it is at all possible to match it with the building, they would be more than happy to do that.
Commissioner McLain stated the requirement of having a matching facade to the roof can be included in the development order. He stated he feels that the lights underneath the surface should be recessed.
Mr. Raymond advised he would agree to Commissioner McLain’s recommendation.
Commissioner Morris stated he would like to make sure that the applicant doesn’t make any future changes to the design standards.
Upon inquiry by Commissioner Morris, Mr. Raymond advised he has no problem with directional recessed lighting.
Mr. Schindler advised that is a condition on the site plan and that condition can be added to the development order.
Mr. Groot pointed out that the development order references that the lighting shall not exceed 16 ft. He submitted a map (received and filed) from the Property Appraiser’s office in reference to the survey issue that Mr. McCarthy referred to. He advised that many, if not all, of the things decided in the Amin case carry forward and basically bind the Board relative to some of the decisions.
Mr. Chehayeb stated the Florida Water Services is willing to provide water service to the site. He submitted a copy of a letter from Florida Water Services advising of service availability into the Record. He stated septic service was available on the site, but it was taken out because they felt that service is there from the sewer service. A line may be in front of the site and if not, a lift station will be available.
Upon inquiry by Commissioner Morris, Mr. Dwyer advised staff could require the applicant to bring the elevations back during the final site plan.
A picture of the proposed building was received and filed.
District Commissioner Maloy stated he feels that this project is a major improvement of what was proposed earlier and it is an asset to the community. He stated he would recommend approval of the rezoning with staff’s recommendations, approval of the development order including the following conditions: staff to review the specimen trees onsite and work with the applicant to preserve as many as possible and that issue will come back to the Board during the final site plan, require that the gas island be architecturally similar and match the facade of the convenience store, the lighting to be recessed and directional, and the elevations will come back during the final site plan. He stated the motion should clarify that the additional conditions worked out with the neighbors are included in the revised development order. He also recommended approval of the PCD site plan.
Motion by Commissioner Morris, seconded by Commissioner McLain to adopt Ordinance #2000-25, as shown on page _________, to rezone to PCD, property located on the east side of CR 419 between 5th Street and 7th Street, Chuluota; approve Revised Development Order, as shown on page _________, placing staff requested conditions upon the rezoning; and approve the proposed Preliminary PCD site plan for the subject property, as amended, subject to the elevation coming back during the final site plan; as described in the proof of publication, Milan Patel and Mukesh Patel.
Districts 1, 2, and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:20 p.m., this same date.