BOARD OF
COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 24, 2001
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:38 a.m. on Tuesday, July 24, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Dick Van Der Weide (District 3)
Vice Chairman Randy Morris (District 2)
Commissioner Grant Maloy (District 1) (late)
Commissioner Carlton Henley (District 4)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Pastor Mark George, Community United Methodist Church, Casselberry, gave the Invocation.
County Manager Kevin Grace led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-116, as shown on page _______, commending Jackie F. Spencer, Senior Staff Assistant, Telecommunications Division, for 15 years of service to Seminole County, upon her retirement.
Districts 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ms. Spencer.
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Motion by Commissioner Henley, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-117, as shown on page ________, acknowledging the recipients of the 2001 Seminole
Industry Recognition Award, to be presented at the "2001 Industry Recognition Luncheon" to be held on August 24, 2001.
Districts 2, 3, 4 and 5 voted AYE.
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Commissioner Morris welcomed three high school exchange students who were visiting from the Basque region in Spain and their sponsor.
COUNTY ATTORNEY
CONSENT AGENDA
Commissioner Maloy entered the meeting at this time.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
3. Approve and authorize Chairman
to execute Purchase Agreements, as shown on page ________, relating to Parcel
Numbers 105, 107, 108, 113, 118 and 199 of the Wymore Road improvement project
located along the western right-of-way of Wymore Road in the Spring Lake Hills
subdivision, in the amount of $6,000.00 for each parcel, inclusive of
attorney’s fees and expert costs.
Litigation
4. Approve proposed settlement
relating to Parcel Numbers 126.4 and 726.4 of the Chuluota Bypass road
improvement project located at 2601 Snow Hill Road, Chuluota, David E. &
Deborah Lee Lynn, in the amount of $4,977.00 for additional expert fees and
costs after final judgment.
5. Approve proposed settlement relating to Parcel Numbers 125.3 and 725.3 of the Chuluota Bypass road improvement project, located at 2615 Snow Hill Road, Chuluota, John J. & Nancy J. Weir, in the amount of $7,600.00 for additional expert fees and costs after final judgement.
6. Approve proposed settlement relating to Parcel Numbers 124.7 and 824.7 of the Chuluota Bypass road improvement project, located at 2625 Snow Hill Road, Chuluota, Wayne E. & Darlene A. Baker, in the amount of $6,200.00 for additional expert fees and costs after final judgement.
7. Authorization to continue
suspension of the statute of limitations for an additional ninety (90) days as
to the inverse condemnation claim for Richard & Adel Tennyson. Staff
obtained a sixty (60) day extension from the Board on April 24, 2001. A drainage easement has expanded over the
years and has encroached upon the Tennyson’s property. This will not prejudice
the County’s position, or strengthen the Tennyson's, and it will allow research
to be conducted which may effectuate a favorable settlement.
8. Authorization to advertise a public hearing to consider adoption of an ordinance adopting and enacting a new Code of Ordinances of Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY'S BRIEFING
County Attorney, Robert McMillan, updated the Board with regard to the Callin lawsuit and his negotiations with opposing attorney, Mike Jones. He advised the Board that Mr. Jones indicated to him that the case is really much more than the dispute over the easement; he is questioning the constitutionality of the County's development review process. He further advised that Mr. Jones has offered to settle the lawsuit for $75,000 to go to his client, with the stipulation that the County award attorney fees. The offer is only good until today. Discussion ensued.
Chairman Van Der Weide expressed his concern about the property owner and the amount of time this has taken to be resolved.
Commissioner Henley pointed out that this suit could have been settled in June, 1998 for $10.00 (copy of Plaintiff's Offer of Judgement) was received and filed. He suggested the Board take this issue up at this afternoon's meeting.
Motion by Commissioner Henley, seconded by Commissioner Morris to continue discussion of the settlement offer in the case of David M. Callin, Anna T. Callin and Myeong Choi, vs. Seminole County, until this afternoon's meeting.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. McMillan advised his office is preparing a memo outlining all the different settlement procedures and it should be done by the end of the week.
Clerk of Circuit Court, Maryanne Morse, entered the meeting at this time.
COUNTY MANAGER'S REPORT
CONSENT AGENDA
County Manager, Kevin Grace, pulled Item #23, BCR #01-122 in the amount of $3,411 for an Automatic Vehicle Locator, from the Agenda.
Upon inquiry by Commissioner Maloy, Director of Environmental Services, Bob Adolphe, briefly discussed Item #12, Wastewater Disposal & Reuse Agreement with the City of Orlando.
Commissioner Maloy requested Item #26, Pooled Commercial Paper Loan Program, be pulled for a separate vote.
A brief discussion ensued between Director of Planning & Development, Don Fisher, and the Board with regard to Item #48, Final Plat of Stonehurst Phase 2.
The Board pulled from the agenda Item #49, Resolution complying with Policy 2.14.5 of the Wekiva Global Compliance Agreement; with same to be brought back at the next meeting.
Commissioner Morris requested Item #26, RFP-4115-01/BJC, Remediation Services for the Sheriff's Office & Public Safety Building, be pulled for a separate vote.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
Maintenance Agreement and Irrevocable Letter of Credit #98111 (Fidelity Guaranty and Acceptance Corp.) in the amount of $5,157.10, for water and sewer within the Chapman Lakes Phase 3 project.
Maintenance Agreement and Irrevocable Letter of Credit #990911 (Fidelity Guaranty and Acceptance Corp.) in the amount of $4,356.15, for water and sewer within the Chapman Lakes, Phase 4 project.
Maintenance Bond #5865956 (Safeco Insurance Company of America) in the amount of $12,260.10 for water and sewer within the Huntington Point Phase 1 project.
Maintenance Bond #5876132 (Safeco Insurance Company of America) in the amount of $6,852.35 for water and sewer within the Huntington Point Phase II project.
Maintenance Bond P600410 (SunTrust) in the amount of $55,319.02 for water and sewer within the Huntington Point IV project.
14. Authorize release of sewer
capacity between Seminole County and the City of Lake Mary for the Capital Lake
project, 132 W. Crystal Lake Avenue project
(600 gallons) and 188 N. Country Club Road (342 gallons).
20. BCR #01-109 – Capital Redesignation – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire fund. Staff requests redesignation of funds to purchase 2 Opticom Emitters, utilizing the savings realized through the purchase of generators. No spare emitters that are usable with recently upgraded technology are available for back-up support of emergency response apparatus.
21. BCR #01-119 - $100,000 – Judicial – Circuit Court Costs – Fund: 00100 – General fund. Staff requests transfer to place additional funds in the professional services account line due to an increase in cases filed which require Criminal Psychiatric exams and testimony to determine incompetency.
22. BCR #01-120 – $240,790 – Information Technologies – Information Services
– Fund: various funds. Provide funding for countywide Microsoft Office
upgrades. Current version of Office used by the County is being phased out and
will no longer be supported by Microsoft after February 2002. This funding will
also ensure that all Office products in use countywide are legally licensed.
23. PULLED from the Agenda BCR #01-122 – Public Safety – EMS Trust
Fund, MQA – Fund: 11800 – EMS Trust fund.
Staff requests the designation of $3,411 in the capital account line for
the purchase of an Automatic Vehicle Locator (AVL) to be installed on a new
rescue unit in the Lake Mary Fire Department.
24. Adoption of appropriate Budget
Amendment Resolution #2001-R-118, as shown on page _______, $800,000 – Public
Works: 13000 – Stormwater fund. Based
on the Agreement between Seminole County and the SJRWMD, approved by the Board
of County Commissioners on May 22, 2001,
(Contract #SE624AA) SJRWMD will reimburse the County $800,000 for five
Howell Creek Tributary Basin Flood Protection Projects in Lake Jesup Basin.
25. Adoption of appropriate Budget
Amendment Resolution #2001-R-119, as shown on page ________, $500,000 – Public
Works: 13000 – Stormwater fund. Based
on the Agreement between Seminole County and the SJRWMD, approved by the Board
of County Commissioners on May 22, 2001,
(Contract #SE621AA) SJRWMD will reimburse the County $500,000 for the
Big Wekiva Sweetwater Cove Tributary Project.
27. Approve and
authorize Chairman to execute the Library and Leisure Services Fee Resolution
#2001-R-121, as shown on page _______.
MSBU
28. Approve and authorize Chairman
to execute Resolution #2001-R-122, as
shown on page ________, recording assessment level changes for districts
included in the Consolidated Street Lighting District Ordinance.
29. Approve and authorize Chairman
to execute Resolution #2001-R-123, as shown on page ________, establishing
annual maintenance assessments for the Lake Pickett and Howell Creek Aquatic
Weed Control MSBU's and the Cedar Ridge Landscape Maintenance MSBU.
30. Award FC-1154-01/BJC Contract, as shown on page _______, Seminole County
Building Department and Planning and Zoning Department; authorize staff to
negotiate an affordable scope of services and compensation schedule and
authorize the Chairman to execute an Agreement with Elizabethan Construction
Services, Inc., Longwood (Not-to-Exceed $225,000.00).
31. Accept and authorize the Chairman to execute the Certificate of
Completion, as shown on page _______, for FC-1100-00/BJC – Exhaust Fan
Replacement at the John E. Polk Correctional Facility, to Air Mechanical &
Service Corporation, Orlando.
32. Approve the advertisement of the Design-Build projects related to trail
overpass including a provision for compensation for shortlisted firms preparing
proposals.
33. Approve ranking list for PS-590-01/BJC – Continuing Contracts for Engineering Services for Minor Roadway and MSBU Design Projects (construction costs less than $500,000.00), authorize staff to negotiate and award Master Agreements, as shown on page _______, with Inwood Consulting Engineers, Inc., Orlando; Metric Engineering, Winter Park; Professional Engineering Consultants, Inc. (PEC), Orlando and TEI Engineers & Planners, Lake Mary (Not-to-Exceed $1,000,000.00 per year).
34. Approve ranking list for PS-594-01/BJC – Landfill Gas Management System, authorize staff to negotiate and award Contract, as shown on page _______, to Waste Energy Technology LCC, Fort Walton Beach (Not-to-Exceed $250,000.00 per year).
35. Award RFP-4106-01/BJC Contract, as shown on page ________, Maintenance Management Software and Vendor Technical Support to Bender Engineering, Los Alamitos, California (Not-to-Exceed $309,000.00, comprised of: $235,000.00 for system installation and first year annual support; and $74,000 for optional modules/services).
37. Approve Amendment #3, as shown on page _______, to RFP-474-99/BJC – Consultant Services Agreement for Wide Area Network Nortel Passport Maintenance with Sprint-Florida, Maitland ($91,235.00 for passport hardware and installation) ($9,987.50 for maintenance per year).
38. Award RFP-4117-01/GG Contract, as shown on page _______, Display Wall & Display Controller System for Seminole County Advanced Traffic Management System (ATMS), to Advanced Video, Inc., Columbia, SC ($389,580.00).
39. Award A/B-3024-00/JVP – Aerator (Pressure Washing) Services, AwnClean USA, Tampa (Primary) and Fleetwash Inc., Caldwell, NJ (Secondary) (Not-to-Exceed $200,000.00 for a two-year period).
40. Approve Amendment #2 and Renewal, as shown on page ________, to M-93-99/BJC – Copier Services Agreement, with Lanier Worldwide, Inc., Orlando (June 25, 2003 through June 24, 2004) (Not-to-Exceed $95,000.00 per year).
41. Approve and authorize Chairman to execute a Settlement Agreement, as shown on page _______, with AT&T Broadband (formerly TCI) accepting $21,757.23 as full settlement for underpaid cable franchise fees including penalties and interest.
42. Approve and authorize Chairman to execute Satisfactions of Mortgage, as shown on page ________, for down payment assistance under the SHIP Program’s Home Ownership Assistance for: Alan F. & Tricia A. Putzke, Kathy L. Bowes, Diana Fong, Jeffery & Barbara Thomas, and Petra Merkel.
43. Approve and authorize Chairman to execute Covenants to Comply, as shown on page ________, on five (5) transitional housing units completed by The Center for Affordable Housing.
44. Approve revisions, as shown on page _______, to the Community Development Office policy regarding Mortgage Subordination Agreement requests.
45. Approve and
authorize Chairman to sign and submit the County’s 2001-2002 One-Year Action
Plan, as shown on page _______, of the 2000-2005 Consolidated Plan and the
1998-1999, 1999-2000 and 2000-2001 Consolidated Plan Amendments to the U.S.
Department of Housing and Urban Development (HUD) via the Volusia/Seminole HOME
Consortium.
46. Approve and
authorize Chairman to execute Covenants to Comply, as shown on page _______,
with HOME Program affordability requirements on eight (8) rental housing units
completed by the Center for Affordable Housing, Inc.
Maintenance Agreement (Fidelity Guaranty and Acceptance Corp.) and Irrevocable Letter of Credit #98042 in the amount of $8,375.66 for road improvements within the Chapman Lakes Phase 2 project.
Maintenance Agreement (Fidelity Guaranty and Acceptance Corp.) and Irrevocable Letter of Credit #98112 in the amount of $12,551.26 for road improvements within the Chapman Lakes Phase 3 project.
Maintenance Agreement (Fidelity Guaranty and Acceptance Corp.) and Irrevocable Letter of Credit #990952 in the amount of $8,507.83 for road improvements within the Chapman Lakes Phase 4 project.
Maintenance Agreement (Fidelity Guaranty and Acceptance Corp.) and Irrevocable Letter of Credit #96085 in the amount of $5,560.34 for road improvements within the East Kingsbridge project.
Maintenance Agreement (NationsBank), Irrevocable Letter of Credit #016041 in the amount of $4,090.63 and Right-of-Way Use Permit Maintenance Bond #5870845 in the amount of $3,655.05 for road improvements within the Huntington Point II project.
Stormwater
53. Approve and authorize Chairman to execute the First Amendment to the Agreement, as shown on page _______, between the St. Johns River Water Management District and Seminole County for the Little Econlockhatchee River – Crane Strand System Retrofit Project and Stormwater Park.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Discussion ensued with regard to Item #36, RFP-4115-01/BJC, Remediation Services for the Sheriff's Office and Public Safety Building.
Upon inquiry by Commissioner Morris, Purchasing Manager, Ray Hooper, addressed the Board to advise staff is recommending that they further negotiate with Dunn Southeast. He added that this is a best value award.
Commissioner Morris expressed his concern with a local firm underbidding and not receiving the award. He said that unless staff can convince the Board that the local firm is not qualified, he does not know why the Board would not go with them.
Motion by Commissioner Maloy, seconded by Commissioner Henley to award RFP-4115-01/BJC, Remediation Services for the Sheriff's Office and Public Safety Building; authorize staff to negotiate; and authorize the Chairman to execute the negotiated Agreement, as shown on page ________, with Wharton-Smith, Inc., Lake Monroe.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Discussion ensued with regard to request for approval of the Commercial Paper Loan Program Resolution, Item #26.
Commissioner Maloy stated he believes the road paving program should be paid for by cash on an as-you-go basis. He said he is not for the entire loan; only for that portion dealing with the Public Safety Building.
Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-120, as shown on page _______, authorizing participation in the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission; and to draw $3,360,000 for the Unpaved Road project and $2,000,000 for the remediation of the Sheriff's Office/Public Safety Building.
Under discussion, Commissioner Henley stated that in view of the fact that he has already voted against this twice, he will vote in support of the motion under protest.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Maloy voted NAY.
CONSITUTIONAL OFFICERS REPORTS
CLERK'S REPORT
Motion by Commissioner Morris, seconded by Commissioner McLain to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated June 19, June 26, July 3, and July 10, 2001; and Payroll Approval Lists, as shown on page _______, dated June 21 and July 5, 2001.
2. Chairman to execute the following Satisfactions of Judgment for $40 Public Defender Application fees:
Corey William Lee, #99004812CFA
Jason Raftis, #97003886CFA
Gregory Donald Daly, Jr., #00003345CFA
Justin Owen Benitez, #00003369CFA
Donna M. Randall, #99001666CFA
John E. McGowan, #00004560CFA
Travis Barrett Nave, #00002642CFA
Wanda Poole, #00000514CFA
Sherry Bloodworth, #00004017CFA
Thomas Edward Black, #00000324CFA
Carl Louis Bellon, #00003953CFA
Joseph C. Warmack, #98002612CFA (& interest)
Lisa Ann Forrest, #99000403CFA (& interest)
Richard Lawrence Hudson, #98002560CFA
Michelle Blackburn, #00001600MMA
Luis M. Mercado, #00001103MMA
Alvaro M. Garzon, #98004060CFA
John Davidan Shaver, #99000186CFB
3. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Lauren M. Acevedo, #00001265MM - $200
Joash Airall, #01004454MM - $175
Bobby L. Allen, #01004602MM - $100
Hollis Barnes, #95012354MM - $200
Douglas K. Beohler, #00000715CJA - $200
William C. Blankenship, #96000578CFB - $757.23
Debbie L. Boone, #00006117MM - $200
Richard Brockett, #85001938CFA - $350
Richard R. Brockett, #98011418MM - $100
Richard R. Brockett, #99008712MM - $200
Richard R. Brockett, #99009258MM - $100
Richard R. Brockett, #99012499MM - $200
Richard R. Brockett, #00001974MM - $100
Richard R. Brockett, #00005968MM - $250
Job M. Brooks, #G84002179CFB - $50
Damaris L. Chacon, #00010029MM - $200
Juan F. Cicero, #00001901CFA - $200
James E. Degirohamo, #00011582MM - $50
Patrick A. Detwiler, #98006494MM - $200
Patrick Allen Detwiller, #97011407MM - $200
Reynold J. Difazio, #00000576CFA - $200
Erick L. Dunn, #98007516MM - $200
Zane R. Ferguson, #00009749MM - $50
Jason A. Fernandez, #00011467MM - $200
Doel Garcia, #00011403MM - $200
Mark Basem Harb, #95003080CFA - $200
Brent J. Hudnall, #01003721MM - $50
Kenny L. Johnson, #99010986MM - $200
Tarralyn Jones, #99002177CFA - $350
Thomas B. Jooben, #99005697MM - $200
Catherine Lila Keene, #95010051MM - $100
Mitzi Labit, #00000724CJA - $150
Phomma Latpakdy, #00010023MM - $200
Marcos R. Martinez, #00008499MM - $200
Richard Meyer, #90002624CFB - $300
Richard Meyer, #90003671CFC - $300
Tony J. Meyer, #99010114MM - $87
Michael C. O’Quinn, #96009044MM - $200
Imran Qureshi, #99001961CFA - $100
Dionide Ramos, #96001565CFA - $350
Patricia Rockwell, #00014408MM - $200
Elvis Rodriquez, #00013163MM - $50
Craig B. Spurlock, #01003450MM - $165
Steve F. Tango, #01003673MM - $50
Ross W. Taylor, #01003723MM - $200
Raymond Eugene Wade, #99001765CFA - $350
Anthony J. Whitewolf, #00002784CFA - $100
Jason J. Yeaman, #00011324MM - $200
4. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Larry Poole, #98009604MMA - $903 and $87.08 interest
Job Brooks, #86001396CFE - $265 and $122.77 interest
Bryan Paul Dwyer, #98004276CFA - $278
Alvaro Marcello Garzon, #00001666CFA - $328 and $40 Public Defender Application Fee
Carl Joseph Turner, #00000481CFA - $153 (and interest)
Rehova L. Patrick, #98001588CFA - $697.45 (and Public Defender Application Fee and Interest)
Rehova L. Patrick, #98003608CFA - $448.10 (and Public Defender Application Fee and Interest)
5. Approval of Official Minutes dated June 12 and 26, 2001.
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. Letter to Clerk Maryanne Morse from Winter Springs City Clerk Andrea Lorenzo-Luaces transmitting certified copy of their Annexation Ordinance Number 2001-34.
2. Private Road Maintenance Bond, as shown on page _______, for Magnolia Plantation Phase 6 in the amount of $10,312.
3. Private Road Maintenance Bond, as shown on page _______, for Magnolia Plantation Phase 2 in the amount of $43,484.
4. Maintenance Bond, as shown on page _______, for water and sewer for Westlake Colony in the amount of $12,860.
5. Private Road Maintenance Bond, as shown on page ________, for Magnolia Plantation Phase 1 in the amount of $173,951.
6. Maintenance Bond, as shown on page ________, for water and sewer for Loma Vista Apartments in the amount of $10,580.
7. Public Road Maintenance Bond, as shown on page ________, for Summerville at Lake Mary in the amount of $721.
8. Maintenance Bond, as shown on page _______, for water and sewer for Royal Oaks in the amount of $25,304.
9. Private Road Maintenance Bond, as shown on page ________, for Alaqua Lakes Phase 5B (Village J) in the amount of $20,119.03.
10. Public Road Maintenance Bond, as shown on page ________, for Windsor Pine in the amount of $6,026.40.
11. Public Road Maintenance Bond, as shown on page ________, for Westlake Apartments in the amount of $12,936.86.
12. Maintenance Bond, as shown on page ________, for water and sewer for Retreat at Wekiva Phase I in the amount of $44,509.48.
13. Private Road Maintenance Bond, as shown on page _______, for Holy Cross Lutheran Daycare Center in the amount of $3,500.
14. Public Road Maintenance Bond, as shown on page _______, for Right-of-way Utilization Permit for Airport Boulevard in the amount of $3,459.
15. Work Order No. 1 to PS-582-01, as shown on page ________, Engineering Services Agreement.
16. Sidewalk Easement Subject to Defeasance, as shown on page _______, with Brian A. and Marilee J. Mascarenhas.
17. Conservation Easement, as shown on page _______, by Zaida Associates approved January 9, 2001 per Settlement Agreement.
18. Work Order No. 30 to PS-522-98, as shown on page _______, Comprehensive Planning Consulting Services Agreement.
19. First Amendment to Construction Contract Agreement, as shown on page _______, M-237-01.
20. First Amendment to Work Order No. 6 to PS-372-98, as shown on page _______, Engineering Services Agreement.
21. Work Order No. 39 to PS-532-98, as shown on page _______, Surveying Services Agreement.
22. Work Order No. 7 to FC-1139-00, as shown on page ________, Public Works Minor Project Construction.
23. Communication Tower Performance Bond, as shown on page ________, for Verizon Wireless in the amount of $25,351 and Contingent Right of Entry.
24. SR 426 Utilities Relocation Utility Work by Highway Contractor Agreement, Memorandum of Agreement and Resolution Utility Agreement, as shown on page ________, as approved by the BCC on October 10, 2000.
25. First Amendment to Work Order No. 9 to PS-538-99, as shown on page ________, Architectural Services Agreement.
26. Appraisal Services Agreement M-243-01, as shown on page _______.
27. Letter to Commissioner Maloy from Attorney Lonnie Groot, Shutts & Bowen, enclosing correspondence from Nobel Learning Communities regarding reimbursement of costs to Mr. Frank Shelton.
28. Development Order, as shown on page _______, for Spolski Special Exception as approved by the Board of Adjustment on March 26, 2001.
29. Change Order No. 1 to FC-1100-00, as shown on page _______, Air Mechanical & Service Corp.
30. Environmental Assessment Services Agreement M-234-01, as shown on page _______.
31. Work Order No. 31 to PS-522-98, as shown on page _______, Comprehensive Planning Consulting Services Agreement.
32. Work Order No. 1 to PS-575-00, as shown on page ________, Surveying Services Agreement.
33. Avel-Tech Software Maintenance Agreement M-206-00, as shown on page _______.
34. SCA Software Maintenance Agreement M-207-00, as shown on page _______.
35. Work Order No. 25 to PS-555-00, as shown on page _______, Engineering Services Agreement.
36. First Amendment to Work Order No. 1 to FC-1139-00, as shown on page _______, Public Works Minor Project Construction.
37. Work Order No. 2 to PS-573-00, as shown on page ________, Engineering Services Agreement.
38. Work Orders No. 8 & 9 to FC-1139-00, as shown on page ________, Public Works Minor Project Construction.
39. Maintenance Agreement and Letter of Credit #3038511, as shown on page _______, in the amount of $4,251.12 for Maronda Systems Addition.
40. Performance Bond, as shown on page _______, for Autumn Chase Phase 2 Subdivision in the amount of $201,897.92.
41. Work Order No. 27 to PS-543-99, as shown on page ________, Engineering Services Agreement.
42. Construction Contract Agreement M-235-01, as shown on page ________.
43. First Amendment to Work Order No. 4 to PS-539-99, as shown on page _________, Engineering Services Agreement.
44. Work Order No. 2 to PS-567-00, as shown on page _________, Consultant Services Agreement.
45. Bids as follows: A/B-3029; #263-01; #269-01; PS-587-01; PS-595-01; FC-1154-01; A/B-3015-01; A/B-3025-01; A/B-3026-01; A/B-3027-01; RFQ-4111-01; and RFP-4117-01.
SHERIFF'S REPORT
Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Budget Amendment Resolution #2001-R-124, as shown on page ________, in the amount of $674,938, relating to the continuation of the Florida Department of Children & Families Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Director of Fiscal Services, Cindy Hall, requested Board direction with regard to the financing plan for the Courthouse & Juvenile Justice Center Projects. She distributed additional information pertaining to the sales tax revenue analysis and a chart showing the level debt amortization schedule (copies were received & filed). She advised that staff has set aside $4.2 million to pay for the Juvenile Justice Center in cash; therefore, reducing the debt cost in the bond issue for the Courthouse. She said they have also taken out Probation, which is a total of $700,000 and makes the bond issue $47,300,000. She briefly discussed the revised debt service scheduling using level debt (copy was received & filed).
Commissioner McLain expressed his concern with the projected shortfall of revenue over the next five budget years.
Gary Akers, County's Financial Advisor, addressed the Board to discuss how the bond issue was structured.
Ms. Hall requested Board approval of the financing plan as indicated on Chart II, with the understanding that those numbers will not be final numbers and that staff will work with the Financial Advisor.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve the proposed funding plan for the Courthouse Expansion Program, per Chart II, which anticipates a bond issue structured to finance a project size of $47,300,000, in a manner most cost efficient to the County; to authorize proceeding with the Courthouse Expansion Project including project design, purchase of land along 17-92, and selection process for the owner's representative; and to approve the proposed funding plan for the Juvenile Justice Center program, which anticipates cash payments, and authorize staff to proceed with the project.
Under discussion, Commissioner McLain stated that in the past, the Board has had a level debt service on bond debt and he is concerned about the proposed strategy. He stated that he understands the need for a new courthouse, but he cannot support this method of repayment and he cannot support the project as outlined because it is more than what the County can afford under the traditional practices.
Districts 2, 3 and 4 voted AYE.
Commissioners Maloy and McLain voted NAY.
Motion by Commissioner Henley, seconded by Commissioner Morris to select Solomon Smith Barney as Underwriters for the bond issue associated with the construction of the Courthouse facilities.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Budget Manager, Ginger Barrett, addressed the Board to request approval to include proposed millages rates on the TRIM notification.
Motion by Commissioner McLain, seconded by Commissioner Henley to authorize the proposed millage rates to be included on TRIM notification, in accordance with the County Manager's proposed budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lin Polk, Analyst, addressed the Board to request approval of the Municipal Service Benefit Unit (MSBU) Guidelines and Procedures.
Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-125, as shown on page _______, revising the policies of the Municipal Service Benefit Unit (MSBU) Guidelines and Procedures Manual.
Under discussion and upon inquiry by Commissioner Maloy, Ms. Polk advised the initial petition will come from the neighborhood, and any subsequent petitions will be done by the County.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Planning & Development, Don Fisher, gave the Board a detailed history (special exception, site plan review, code violations and negotiations) of the City of Maitland's property located on the east side of Kewannee Trail, across from the newly developed Kewannee Park, and north of Derbyshire Road. He advised the City has been operating a public works yard without first obtaining site plan approval from the County; and they have made it known that it is their intent to expand the operation. He stated that in an effort to be a partner with the City, the staff pursued the possibility of purchasing the property for $250,000. However, the City wanted $750,000, which they estimate would be needed to replace the site. He further advised the County in 1999, entered into an Interlocal Agreement with the City that allows the City to approve building permits and perform related inspections. The agreement, however, does not give the City the authority to issue its own site permit; they still are required to go through the site plan review process. Based upon several violations of both the Land Development Code and the Seminole County Code found on the site, the staff believes that the City did not meet the terms of the agreement and that its termination is appropriate. Termination of the agreement would give the County more opportunities to review and monitor the activities on the site for compliance with the Code. The agreement can be terminated by either party with six months written notice or the County may immediately terminate if the City fails to perform inspections in accordance with applicable County Codes.
Mr. Fisher requested the Board affirm staff's interpretation that the intent of the Code provision is that a "service structure" pertains to utility service structures or affirm that the Board's interpretation of the intent of the Code provision for "service structure" includes those public works operations proposed by the City. He requested direction from the Board with regard to these issues.
District Commissioner Henley stated that long before the public works operation became an issue, he contacted the City about purchasing the property for a County park, but the price was exorbitant. He said he then began to receive phone calls from area residents complaining about the trucks coming into the property all night long. He stated that he and staff have worked hard through diplomatic channels and have come to this point.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize immediate termination of the Interlocal Agreement with the City of Maitland due to the City's failure to perform the inspections as required and to further provide written notice to the City that the County is exercising their option to terminate for cause; and to also provide written notice to the City that the County is providing the City with six months prior written notice of the termination.
Under discussion, Commissioner Morris commented that in the past the County has had an excellent working relationship with the City of Maitland.
Upon inquiry by Commissioner Maloy, Mr. Fisher advised that the City was notified of this meeting and are not in attendance.
Commissioner Maloy stated he believes the issue is that the property needs to be cleaned up.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Maloy to reject the staff's interpretation stated in the letter to the City of Maitland dated August 7, 2000; and find that public utilities and service structures are conditional uses requiring a special exception.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 11:45 a.m., reconvening at 1:35 p.m., this same date with all Officials (with Commissioner Morris being late), with Deputy County Attorney Stephen Lee replacing County Attorney Robert McMillan, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion by Commissioner Henley, seconded by Commissioner Maloy to accept proofs of publication for this meeting's scheduled public hearings.
Districts 1, 3, 4 and 5 voted AYE.
VACATE AND ABANDON/Babo Ltd.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon that portion of drainage easement of the M.M. Smith’s Canal located at 212 Hickman Drive, Sanford, Babo Ltd. Partnership/Ellen Avery-Smith, Representative, received and filed.
Cynthia Sweet, Planner, addressed the Board to advise the proposed area to be vacated is on the outer banks of the canal near Hickman Drive and contains an area approximately one foot in width and 202 feet in length. Vacating that portion of the easement is due to an existing building that encroaches approximately 6” into the easement. The building was constructed more than 20 years ago. The owners conducted a survey earlier this year and discovered that the building encroaches approximately 6” into the easement. The area of encroachment of the building is on a flat portion of the canal bank and does not adversely affect the County’s ability to use the canal for drainage or to access the canal for maintenance. Vacation of that area of the easement is necessary to prohibit a potential cloud of title of the property. She stated staff recommends approval of the request. The applicant has provided a non-exclusive easement to the County for access from Hickman Drive to the canal.
Ellen Avery-Smith, applicant’s representative, addressed the Board to state she is here on behalf of Babo Ltd. She stated she would like to apologize for constructing a building within the County’s easement. She added it is easier to move the easement than the building.
No one else spoke in support or in opposition.
Speaker Request Form for Ellen Avery-Smith was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-126, as shown on page ________, vacating and abandoning that portion of drainage easement of the M.M. Smith’s Canal located at 212 Hickman Drive, Sanford, as described in the proof of publication, Babo Ltd. Partnership/Ellen Avery-Smith, Representative.
Districts 1, 3, 4 and 5 voted AYE.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon the east 5’ of the west 15’ drainage easement located on the western property boundary of the Eden Park Estates Subdivision, Lot 1, Austin Homes Joint Venture, received and filed.
Shannon Suffron, Planner, addressed the Board to state the reason for the request is to allow for the construction of a custom home. She stated staff recommends approval of the request.
Sandy Bierly, applicant’s representative, addressed the Board to advise she has nothing additional to add.
No one spoke in support or in opposition.
District Commissioner Van Der Weide recommended approval of the request.
Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-127, as shown on page _________, vacating and abandoning the east 5’ of the west 15’ drainage easement located on the western property boundary of the Eden Park Estates Subdivision, Lot 1, as described in the proof of publication, Austin Homes Joint Venture.
Districts 1, 3, 4 and 5 voted AYE.
of Seventh Day Adventists/John Percy
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon portions of rights-of-way of Sherry Lane and Overlook Dr., located on the east side of Bear Lake Road and south of W. SR 436, Mirror Lake Subdivision, Florida Conference Association of Seventh Day Adventists/John Percy, Representative, received and filed.
Ms. Sweet stated Florida Conference of SDA has purchased all of the lots adjacent to the roadways. The properties adjacent to the existing rights-of-way have been rezoned to Planned Commercial Development for future development. She stated staff recommends approval of the request subject to the applicant providing utility easements through the property for the existing utility stations.
John Percy, applicant’s representative, addressed the Board to state he agrees with staff’s report and conditions and he will be glad to answer any questions.
Ken Kovalski, 3635 Palm Ave., addressed the Board to display a sketch showing the subject vacate. He stated the one concern he has is the way the elevation of the property is. He indicated on the sketch where the highest point and lowest point are located. He said he is concerned with stormwater runoff. Wherever the road is terminated, the County needs to make sure there are curbs and another stormwater drain wherever that road is terminated. The drain on Overlook Drive needs to be relocated to where the road is terminated. If not, a lot of water will back up along that street. Another issue is whether the road should actually terminate. The only access to Overlook Drive, north of Palm is a driveway and it will be about 130 ft. of paved road, which will go nowhere. He said he feels that the termination of the road should move halfway up and to provide grass and trees to make it more appealing. He displayed a sketch (not received and filed) of the utility easement that runs along the back line of the property and another sketch of what the easement would look like if it was moved. He recommended that a wall be built to separate the residential from the developed area. He said he would hope the future easement will be placed in the 40 ft. buffer area.
Upon inquiry by Chairman Van Der Weide, Mr. Kovalski advised that when construction begins, the majority of the construction vehicles would utilize Sherry Lane.
Mr. Percy stated the drainage issue will be dealt with. The area south of the vacate will remain a public right-of-way. He stated he doesn’t mind where the road is cut off.
Upon inquiry by Chairman Van Der Weide, Mr. Percy advised he has no problem with the construction vehicles utilizing Sherry Lane.
Chairman Van Der Weide stated he wouldn’t want to change Overlook Drive without talking to the abutting property owner.
Commissioner McLain stated he would like to make sure that the stormwater is properly dealt with and the construction traffic is maintained and off the residential streets as well.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
District Commissioner Van Der Weide recommended approval of the request.
Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2001-R-128, as shown on page _________, vacating and abandoning portions of rights-of-way of Sherry Lane and Overlook Dr., located on the east side of Bear Lake Road and south of W. SR 436, Mirror Lake Subdivision, as described in the proof of publication, Florida Conference Association of Seventh Day Adventists/John Percy, Representative.
Districts 1, 3, 4 and 5 voted AYE.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request for approval of the Final PCD Site Plan and Developer’s Commitment Agreement for the 7-11 at Tuskawilla and Aloma PCD; property located north of Aloma Avenue (SR 426) on the east side of Tuskawilla Road, Hugh Harling, received and filed.
Amanda Smith, Planner, addressed the Board to state the project will consist of a convenience store with gas pumps on 1.59 acres. The PCD site plan was approved in October, 2000. A final PCD site plan is normally heard during a regular agenda item, but the applicant revised the site plan to expand the stormwater retention area along the eastern edge of the property line. The proposed site plan is consistent with the Seminole County Land Development Code and the approved Development Order.
District Commissioner Maloy stated he had conversations with Mr. Harling prior to the meeting and he indicated one change to the plan. He stated he submitted another change to the applicant and he had no objections to it.
Hugh Harling, applicant, addressed the Board to state in discussing this with the District Commissioner, he has committed to upgrading the signage of the canopy and building to match the new 7-11 located on SR 436 and Howell Branch Road. He stated the adjacent property owner to the east is requesting that a cross access easement be provided and it will not affect the adjacent properties right to access SR 426. He said he is willing to add those issues in the developer’s commitment agreement.
Upon inquiry by Chairman Van Der Weide, Mr. Harling advised he was unable to convince staff that the request was a minor change, and they felt that it should go before the Board. Discussion ensued between the Board and staff relative to why staff felt that this issue should be brought back to the Board.
Upon inquiry by Commissioner Maloy, Mr. Harling advised this request does not affect the adjacent property owner’s right to access SR 426 and this has been worked out with Attorney Jones.
Commissioner McLain stated when they go through this process, the District Commissioner and Board makes the decision as to whether or not the final site plan will come back to public hearing. He stated he is concerned that the District Commissioner was not involved in this and he should have been advised of the process.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Final PCD Site Plan and Developer’s Commitment Agreement, as shown on page _________, for the 7-11 at Tuskawilla and Aloma PCD; property located north of Aloma Avenue (SR 426) on the east side of Tuskawilla Road, as described in the proof of publication, Hugh Harling, with the conditions that the signage and markings of the building and canopy will match the new 7-11 located at SR 436 and Howell Branch Road, and that approval of this development would not limit the ability of adjacent property owners to access SR 426.
Districts 1, 3, 4 and 5 voted AYE.
Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located south of Church Street and north of Maronda Way, adjacent to the existing Maronda Homes Truss Plant to the south, Maronda Homes/Bowyer-Singleton and Associates, Inc., received and filed.
Ms. Smith stated the proposed building will be three stories, 40’ tall and 60,000 sq. ft. of office space. The subject property has a land use designation of Higher Intensity Planned Development-Target Industry (HIP-TI). The Seminole County Land Development Code restricts the height of structures to 35 ft. Due to the location of the project and HIP-TI land use, staff believes a 40-ft. building would not be out of character for the area. Church Street to the north of the subject property is a substandard road. Therefore, the County requires that 25 ft. of right-of-way be dedicated in order to provide a 40 ft. half right-of-way needed for roadway expansion. The applicant will be required to adjust the site plan to compensate for the roadway expansion at the time of final PCD approval. The Planning & Zoning (P&Z) Commission recommended approval of the request.
Commissioner Morris entered the meeting at this time.
Commissioner Henley referred to the P&Z minutes and stated that Mr. Mahoney raised an issue relating to the amount of space required to be dedicated for roadway expansion.
Attorney Lee stated the Board is entitled to require dedication of property provided there is a rational nexus of the development that is being approved.
Upon inquiry by Mr. Lee, Ms. Smith advised staff has performed a rational nexus twice on this property and has determined that it meets those requirements.
Commissioner McLain stated he feels that the applicant’s decision to move forward to develop their property prior to infrastructure being there is a nexus for the County saying if it is going to be put in, the right-of-way is needed.
George Jelaveski (phonetic), representative of Maronda Homes, addressed the Board to state he is uncomfortable with the determination that there is a need for an 80 ft. right-of-way for Church Street. He said they feel like a 50 ft. right-of-way would be more appropriate.
Upon inquiry by Commissioner McLain, Mr. Jelaveski advised the property is under contract and the purpose of the rezoning request is so they can close on the property. During the time this issue was being reviewed, his company acquired an additional 10 acres east of Church Street and Iowa St.
Upon further inquiry by Commissioner McLain, Mr. Jelaveski advised continuing this item would not help him at all. He stated he agrees with staff recommendations. He added he may be bringing an additional request back within a few months of possibly combining the 10 acres with the 5 acres.
Upon inquiry by Commissioner Henley, Mr. Jelaveski advised this development will not exit onto Church Street and the public would benefit from this, not the applicant. He stated he is planning to obtain the 10 acres adjacent to the property.
Gene Bass addressed the Board to speak in favor of the rezoning request. He said he supports staff’s recommendations, as he doesn’t see a problem.
No one else spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #2001-31, as shown on page _________, rezoning to PCD (Planned Commercial Development); property located south of Church Street and north of Maronda Way, adjacent to the existing Maronda Homes Truss Plant to the south, Maronda Homes/Bowyer-Singleton and Associates, Inc., approval of the Development Order, as shown on page _________, as presented, and associated Preliminary Site Plan.
Districts 1, 2, 3, 4 and 5 voted AYE.
Matt West, Planning Manager, addressed the Board to give an update of the eight Comprehensive Plan elements. He submitted copies of the PowerPoint Presentation (received and filed). He stated the eight elements adopted in May were: Capital Improvements; Conservation; Design; Future Land Use; Housing; Library Services; Recreation and Open Space; and Transportation. The eight elements considered at this time are: Capital Improvements Update; Drainage; Implementating; Intergovernmental Coordinating; Potable Water; Public Safety; Sanitary Sewer; and Solid Waste.
Commissioner McLain left the meeting at this time.
Mr. West stated the one element that is not included in this cycle is the Economic Element as staff is waiting for the completed Economic Strategic Plan. That element will be brought back during the spring cycle. He displayed and reviewed the calendar of events of the Vision 2020 Plan.
Chairman Van Der Weide stated staff has already given the Board a tremendous amount of input and information on this process and he would like to thank staff for their presentation.
Upon inquiry by Mr. Grace, Mr. West advised staff does not need any direction from the Board today. He stated the Board may want to provide staff with any other issues of interest before the August 28 public hearing.
Mr. Grace stated he would like to discuss the settlement of the Callin case this afternoon.
Commissioner Henley stated the Board has not made a counteroffer to the client and attorney. He stated he would like to know if the Board wants to offer a counteroffer as proposed by the client’s attorney.
Commissioner Henley stated he feels it would be appropriate to endorse a counteroffer.
Mr. Lee stated Mr. Jones indicated that he is not interested in a counteroffer except for the offer that he has put on the table.
Chairman Van Der Weide stated based on the property owner and how long this has been going on, he is willing to consider an amount that is different than what Mr. Jones is demanding. Commissioner McLain reentered the meeting at this time.
Commissioner McLain stated he feels the point of principal has been made through this process and he is not prepared to just settle this and award a financial payment at the cost of the taxpayers. He stated staff has tried to rectify this and messed up by not properly providing the right document. He said he doesn’t see why they can’t correct this document and deal with some attorney fees.
Commissioner Henley stated he feels the inconvenience that has been suffered by the client where they had to stay at a relative’s home due to the inability of getting this straightened out. The Judge already ruled that there was a taking. He stated he doesn’t want to drag this out any longer if they have an opportunity to settle it without any cost to the taxpayers.
Commissioner Morris stated this may be corrected administratively by reviewing other cases, then try to correct them and that may solve the problem. He stated he feels the amount that Attorney Jones is requesting is a little high and he would think another offer would make more sense.
Mr. Lee stated the amount that is on the table is for the client and Mr. Jones’ fees is a separate issue and will have to be determined by the court at a later date.
Upon inquiry by Commissioner McLain, Mr. Lee advised he feels that $75,000 is awfully high, but it is the Board’s decision.
Commissioner Henley stated he is comfortable letting the judge decide on the fees.
Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the County Attorney to offer $25,000 to the client and $50,000 for attorney fees regarding the Callin case, with the stipulation that the County Attorney will work with the plaintiff’s attorney and the Board to review other situations and make an administrative decision on same.
Under discussion, Commissioner Henley stated the Board needs to be cognizant of the fact that Mr. Jones has already had time to prepare for the appeals hearing and he doesn’t feel Mr. Jones will accept this offer.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Henley voted NAY.
Mr. Grace advised that Item #77, Appeal against the Board of Adjustment, Dan Wallace, scheduled for this evening has been withdrawn and he has received a letter regarding the request. He stated staff has contacted a lot of the interested parties of this withdrawal.
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Pam Hastings, Public Works Administrative Manager, addressed the Board to submit a copy of the brochure and notice (both received and filed) of the Special Referendum Election for the 1-cent Sales Tax renewal.
Upon inquiry by Commissioner Maloy, Ms. Hastings stated they can asterisk the FDOT shared costs projects with the State.
Commissioner Morris recommended having both sides of the brochure facing the same way. He also recommended that the roads, such as SR 434, need to be defined as to what portions of the roadways will be improved.
The consensus of the Board was to move forward with the notice and brochure, with the changes as noted.
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Mr. Grace referred to a memorandum (received and filed) to the Human Resources Director from the County Finance Deputy Director relating to the Board’s policy regarding severance pay for at-will positions. The Board adopted a policy in 1995 to allow the County Manager to offer severance pay for cases of termination without cause. This authority has been utilized by previous County Managers. He stated there has been some questions as to whether a negotiated resignation is in compliance with the Board’s authority. He said he is asking the Board to take two actions: one is the Board consider a negotiated resignation between the County Manager and an at-will employee to be an acceptable form of termination without cause for purposes of paying severance. The other is that this interpretation is to be applied retroactively to any outstanding severance issues.
Upon inquiry by Commissioner McLain, Mr. Grace advised that Ms. Chandler did not have a written contract as a Deputy County Manager. He stated when she was promoted he failed to update her contract. Basically, all at-will employees have the same contract and it would not have changed at all.
Upon further inquiry by Commissioner McLain, Mr. Grace advised that there was a verbal contract, but not a written contract. At this point, technically Ms. Chandler is still employed with the County and he can update the contract today to resolve that issue.
Commissioner Morris stated the fact is when the County ratified Ms. Chandler’s appointment as Deputy County Manager, they ratified a verbal contract.
Mr. Grace stated when he signed the resignation letter that becomes an updated contract between himself and that employee.
Motion by Commissioner Maloy, seconded by Commissioner Morris that the Board determine that they consider a negotiated resignation between the County Manager and an at-will employee to be an acceptable form of termination without cause for purposes of paying severance; and that this interpretation be applied retroactively to any outstanding severance issues.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Henley, Mr. Lee advised that in order to make the Record clear the Board may want to amend the administrative rules.
Motion by Commissioner Henley, seconded by Commissioner Maloy to direct the County Attorney to come up with the appropriate language to make severances for at-will employees a matter of administrative policy for future references.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Van Der Weide stated the Supervisor of Elections has requested an appointment to the Canvassing Board for the September 4, 2001 Special Election. He stated he will volunteer to serve on that board.
DISTRICT COMMISSIONERS’ REPORTS
Chairman Van Der Weide recommended appointing Steve Richard Young to the Seminole County Well Drillers Board for a term ending January 1, 2002; and adopt Resolution of Appreciation for services rendered by John Cochrane on said Board.
Motion by Commissioner Henley, seconded by Commissioner Maloy to appoint Steve Richard Young to the Seminole County Well Drillers Board for a term ending January 1, 2002; and adopt appropriate Resolution #2001-R-129, as shown on page _________, commending John Cochrane for his services on said Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Van Der Weide stated he will be attending his first Executive MPO Committee meeting tomorrow morning at 8:00 a.m. and all of the members will be attending. He stated the meeting will be held at the Orange County Services Building.
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Commissioner McLain stated an item relating to the Heathrow Development enhancing the maintenance and landscaping of the median on Lake Mary Blvd. was placed on last month’s agenda and was pulled. He stated the homeowners association felt that the County should contribute the part that is spent on the median if there were no improvements. He said he would like the County Manager to bring that issue back to the Board for consideration.
Chairman Van Der Weide stated the Board may want to change the requirements so they can participate in that.
Commissioner McLain stated Mr. McCollum calculated the maintenance requirement for that distance and that amount would be the underlining cost to maintain the median. Anything above that which the community wants to do with the County’s permission in the median is a different issue.
The consensus of the Board was to bring this issue back to the Board with the idea that there will be input from the Board as to how they focus on being qualified.
Commissioner McLain stated he would like for this issue to come back sometime next month.
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Commissioner McLain stated the sidewalk along Markham Woods on the west side, south of Springs Landings has become a controversial issue. He stated he has met with property owners out there. The County will not move forward on the sidewalk until he has had a chance to discuss it further. He said he has asked staff to schedule a meeting with the Road Division, Traffic Engineering, those property owners opposing the sidewalk and Mr. Shelton to discuss this issue. He stated he feels it is important that they do not do anything that will have a substantial impact on safety. He added he would like for staff to brief everyone on this issue so the Board can decide if the sidewalk is necessary for public safety, or if the residents can use the trail across the road. He stated he would like to not have any further movement on that sidewalk until the first meeting in September.
Mr. Grace stated he will discuss this issue with the County Engineer to see if there is a problem with that.
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Commissioner McLain stated since his item for this evening has been withdrawn he will not be attending tonight, as his son will be coming home from the Marine Corps.
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Commissioner Maloy stated he received some e-mail from residents relating to a wall in front of Sawgrass on Alafaya Trail. He stated FDOT purchased that wall and replaced it with a new one about 10 feet back. He said he would like to know if the Board can change their development code to prevent this from happening in the future.
Upon inquiry by Don Fisher, Planning & Development Manager, Commissioner Maloy advised the County may want to coordinate with other government entities to make sure that the walls are back far enough.
Mr. Grace stated it sounds like the County needs to do a better job coordinating with FDOT.
Mr. Fisher stated he feels that this is a coordination issue and staff will research this and report back to the Board.
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Commissioner Henley stated Mr. Sam Kendall sent him an article relating to landfill gas being used for electricity. There are a number of sites throughout the United States that are using this system. He stated he will have the County Manager make a copy of this article for each Board member as this may be something the County may want to look at in the future.
The following Communications and/or Reports were “received and filed”:
1. Notice of Public Hearing to be held by the City of Sanford Planning and Zoning on Thursday, July 5, 2001, to consider a dimensional variance on property described as 800 East Lake Mary Boulevard. (cc: Board, DCM, Planning and Development Director)
2. Notice of Public Hearing to be held by the Longwood City Commission on July 2, 2001, and July 16, 2001, to receive public input on Ordinance No. 01-1578 requested by Gary Winrow to vacate/abandon portion of Anchor Road (a.k.a. Lake Howell Road) right of way. (cc: Board, DCM, Planning & Development Director)
3. Letter dated June 26, 2001, to the Chairman from Jean Metts, Director, Seminole Volunteer Enterprises, Inc., Re: Bookertown School. (cc: Board, County Manager)
4. Notice of Public Hearing to be held by the City of Oviedo Land Planning Agency on Thursday, July 5, 2001, 7:00 PM, to consider Special Exception Permit No. 01-1141, to allow the use of the subject site for a church and school in an Agricultural Zoning District. (cc: Board, DCM, Planning & Development Director)
5. Memorandum dated June 26, 2001, and attachments to the Chairman from Ray Valdes, Seminole County Tax Collector, submitting a recommendation regarding an inclusion of a provision in CS/SB 1576 pertaining to the collection of a minimum annual property tax bill. (cc; Board, Property Appraiser, County Manager, County Attorney, Fiscal Services Director)
6. Memorandum dated June 21, 2001, and attachments from Doris-anne Freeman, City Clerk Department, City of Altamonte Springs, Re: Annexation approved by City Commission: Jack E. Spillane, owner. (cc: as noted, including Property Appraiser, Supervisor of Elections, County Manager, Mapping Supervisor and Building & Fire Prevention Division)
7. Copy of letter dated June 25, 2001, from the Vice Chairman to Pat Doyle, Chairman, Wicklow County Council, Re: Recent visit and resulting joint projects. (cc: Board, County Manager, Tourism Development Director, Economic Development Coordinator, Trails Coordinator)
8. Agenda for the Oviedo City Council Meeting of July 2, 2001. (cc: Board, County Manager, DCM, County Attorney, Planning & Development Director)
9. Letter dated June 22, 2001, from Beverly B. Cliett, Deputy Development Officer, Florida Housing Finance Corporation, advising of approval of revisions of Seminole County's Local Housing Assistance Plan for fiscal years 2001-2002 through 2003-2004 by the Review Committee for the State Housing Initiatives Partnership (SHIP) Program. (cc: Board, County Manager, DCM, Planning & Development Director, CDBG)
10. Copy of letter dated June 28, 2001, from Ray Hooper, CPCM, Purchasing Manager, to Wendi Ward, Elizabethan Construction Services, Inc., Re: Protest concerning FC-1146-01/BJC Seminole County Housing Reconstruction and Caretaker's Residences dated April 18, 2001, and County's interim response dated May 10, 2001. (cc: Board, County Manager, County Attorney)
11. Memorandum dated June 27, 2001, from Jack Wert, Tourism Director, to the Board, County Manager, DCM, Re: Conference Center Status Report.
12. Copy of letter from Chris Grasso, Director of Information Technologies, to David B. Lippoff, Vice President and General Manager, WFTV, Inc., responding to letter to the Chairman, Re: Time Warner Cable/WFTV Channel 9 Emergency Alert System Tests. (cc: Board, County Manager, DCM, Telecommunications Manager, Cable Franchising Program Manager)
13. Agenda packet for the Sanford Airport Authority Board meeting of July 3, 2001.
14. Letter dated June 27, 2001, from the Chairman to Ray Valdes, Seminole County Tax Collector, advising of appointment as the Seminole County Delegate to the National Association of Counties Legislative Conference to be held in Philadelphia, Pennsylvania, from July 14-18, 2001.
15. E-mail from Frankie Callen, Lynx, to the Board, County Manager, and Byron Brooks, Executive Director, Lynx, Re; Seminole County Appointment to the LYNX Board of Directors.
16. Letter dated June 26, 2001, from Don Nolt, to All Seminole County Commissioners and City Mayors and City Managers in Seminole County, Re: Christian Sharing Center -- Trash Disposal. (cc: Board, County Manager, Environmental Services)
17. Copy of letter dated June 25, 2001, from J. Suzy Goldman, Director, Library & Leisure Services, to Libby Prevatt, Ladies of the Sanford Woman's Club, expressing appreciation for recent donation of the books, Southern Winds by W. Everett Beal in memory of Mrs. Ralph Austin Smith. (cc: Board, Library Services Manager)
18. Letters from Ken Roberts, Director, Department of Public Safety to the following expressing appreciation to the following for recent donation to the Seminole County Animal Services Division: Susan Reynolds, Stephanie Dercole, Kay Windfeldt, Julie Shea, Iva Fish, Peter Lepuschitz, Susan Hughes.
19. Local Government Monthly Mailer from the St. Johns River Water Management District for the month of July, 2001. (cc: Board)
20. Agenda for the Seminole County Historical Commission meeting for July 19, 2001.
21. Letter dated June 30, 2001, from John P. Saboor, Sr. Vice President, and Kevin Coulthart, Seminole County Marketing Manager, Central Florida Sports Commission, transmitting a copy of the May, 2001, Activities Report.
22. Letter dated July 5, 2001, from Jennifer Romaker, Assistant to the City Clerk, City of Deltona, to the Chairman transmitting a copy of Resolution No. 2001-21, promoting the St. Johns River Bridge as the Gateway to Volusia County and urging the Florida Department of Transportation to provide for highway lighting and sound barriers along the I-4 corridor as adopted by the Deltona City Commission at its regular meeting of July 2, 2001. (cc: Board, County Manager, Public Works Director)
23. Copy of letter dated June 29, 2001, from Keith Schue, Vice Chair/Wekiva Issue Chair, Sierra Club Central Florida Group, to Charles Gauthier, Bureau Chief of Local Planning, Florida Department of Community Affairs, Re: Seminole County Scenic Rural Corridor Ordinances. (cc: Board, County Manager, Planning & Development Director and as noted)
24. E-mail dated July 9, 2001, from James and Lissa Estes expressing opposition to the proposed Maitland Public Works Project.
25. E-mail dated July 9, 2001, from Mario A. Fidanzi, forwarded by Ginny Markley, Planning and Development, to the Board, Re: Appeal for Special Exception - Proposed Noble Learning Center. (cc: Board)
26. E-mail dated July 9, 2001, from Lloyd N. Werk, MD, MPH, forwarded by Ginny Markley, Planning and Development, to the Board, Re: Appeal for Special Exception - Proposed Noble Learning Center. (cc: Board)
27. Memorandum dated July 3, 2001, from Matthew West, Manager, Planning Division, to the Board, Re: Density Interpretations. (cc: Board, Planning & Development Director)
28. Copy of the Annual Drinking Water Quality Report from the Seminole County Environmental Services Department. (cc: Board)
29. Copy of Memorandum from Kathryn J. Brown, Senior Planner-One Stop Permitting, to Sandy McCann, County Records, Re: Submissions into County Records. (cc: Board, County Manager, Environmental Services Director)
30. Copy of letter dated June 27, 2001, from Frankie Callen, Executive Manager of Governmental Affairs, to Alice Gilmartin, Transportation Specialist, Planning Department, Re: Seminole County Transit Budget and Service Options. (cc: Board, Lynx Board of Directors, LYNX Executive Director, County Manager, Deputy County Manager, LYNX Director of Planning, Principal Planner, Fiscal Services Director)
31. Letter dated June 29, 2001, from Diane Pickett, Time Warner Communications, to the Chairman, Re: Time Warner Cable/WFTV Channel 9/Emergency Alert System Tests (cc: David B. Lippoff, WFTV Channel 9, Board, County Manager, IT)
32. Copy of letter dated June 18, 2001, from Randall G. Farwell, Director, LYNX Planning & Development Department, to Richard M. Robinson, Gray, Harris & Robinson, P.A., Re: Light Rail System/Hidden Estates. (cc: Board, Byron W. Brooks, Executive Director, LYNX, Vicki Smith, Trans4mation c/o Keith & Schnars, P.A., John Bandy, Hidden Estates Homeowners Association)
33. Letter dated July 2, 2001, from Cynthia Porter, Deputy City Clerk, City of Sanford, to the Board transmitting Notices of Public Hearings to Consider Adoption of Ordinance No. 3655 to annex 6.8 acres of property lying between School Road and Church Street and between N. White Cedar Road and Creek Road; and Ordinance No. 3657 to annex 10 acres of property lying between Pine Way and Palm Way and between Park National Drive extended southerly and Mellonville Avenue South. (cc: Board, County Manager, Planning & Development Director, Property Appraiser, GIS, Supervisor of Elections)
34. Contract for Services, as shown on page _________, between Seminole County Parks and Recreation and Billy G. Waddle to umpire slow pitch softball.
35. E-mail dated July 16, 2001, from Julie Troum to the Board Re: City of Maitland Public Works yard. (cc: Board, County Manager, Planning & Development Director, Planning Manager)
36. Memorandum dated July 13, 2001, from Carol L. Bracy, Legislative Director, Florida Association of Counties, to County Commissioners, County Administrators, County Attorneys, County Lobbyists, Affiliate Presidents, and FCF Circuit Riders, Re: Final action on 2001 Legislative Bills.
37. Letter from Eugene J. Cowan to Orange and Seminole County Chairmen and Commissioners opposing bridging over the Little Econlockhatchee River or Econlockhatchee River.
38. Letter dated July 9, 2001, from Katherine Harris, Secretary of State, to the Chairman, informing of appropriation of $250,000 by the Florida Legislature in Special Category grant-in-aid funds to assist your organization with the Seminole County Museum project. (cc: Board, County Manager, Library & Leisure Services)
39. E-mail dated July 15, 2001, from Curtis G. Logan to the Board, expressing opposition to proposed use of property on the east side of Kewannee Trail and north of Derbyshire Road as a public works yard. (cc: Board, County Manager, Planning & Development Director, Comp Planning Manager)
40. E-mail dated July 15, 2001, from Tom Oliver to the Board, expressing opposition to proposed use of property on the east side of Kewannee Trail and north of Derbyshire Road as a public works yard. (cc: Board, County Manager, Planning & Development Director, Comp Planning Manager)
41. Memorandum dated July 12, 2001, from Cindy Hall, Fiscal Services Director, to the Board, transmitting Budget Change Requests approved by the County Manager, Fiscal Services Director, and financial transactions approved by the Board.
42. Memorandum dated July 10, 2001, from Mark Van Bever, Court Administrator, to the Board, transmitting copies of revenue checks for reimbursement of court related expenses. (cc: County Manager)
43. Minutes of the Seminole County Historical Commission Monthly meeting of June 21, 2001.
44. Copy of memorandum dated July 12, 2001, from Kathy J. Brown, Senior Planner-One Stop Permitting, to Sandy McCann, County Records, listing items that have been submitted into County Records. (cc: Board, County Manager, Environmental Services Director)
45. Copy of letter from Byron W. Brooks, Executive Director, LYNX, to Kevin Grace, County Manager, Re: Americans with Disabilities Act (ADA) Transportation Service -- Lynx; and attached letter to ADA Paratransit Clients. (cc: Board, City Managers, Lynx Board of Directors, Fiscal Services Director, Lynx Senior Staff)
46. Copy of letter from Darrell W. Smith, Budget Services Director, Florida Department of Revenue, to H. W. Suber, Seminole County Property Appraiser, Re: Budget request for the operation of the Property Appraiser office for the period of October 1, 2001, through September 30, 2002. (cc: Board, County Manager, Fiscal Services)
47. Minutes of the Tourist Development Council meeting of June 14, 2001.
48. Letter dated July 10, 2001, to the Chairman from James D. Stansbury, Community Program Administrator, Department of Community Affairs, advising that the Department of Community Affairs has completed its review of the Comprehensive Plan Amendment No. 01-1ER adopted by (Ordinance No. 2001-21) for Seminole County as adopted on May 8, 2001, and determined that the requirements of Chapter 163, Part II, Florida Statutes, have been met. (cc: Board, County Manager, Planning & Development Director, Executive Director of the East Central Florida Regional Planning Council)
49. Copy of letter dated July 12, 2001, from Donald S. Fisher, Director, Planning and Development Department, to Dean Sprague, Maitland City Manager, Re: City of Maitland Kewannee Trail Site. (cc: Board, City of Maitland, County Manager, Deputy County Attorney, Code Enforcement)
50. Copy of letter dated July 12, 2001, from Chris Grasso, Director of Information Technologies, to Diane Pickett, Vice President of Public Affairs, Time Warner Communications, Re: Time Warner Cable/WFTV Channel 9 Emergency Alert System Tests, with attached copy of letter to David B. Lippoff, Vice President and General Manager, WFTV, Inc. (cc: Board, County Manager, Telecommunications Manager, Cable Franchising Program Manager)
51. Memorandum dated July 9, 2001, from Representative David Mealor, Chairman, Seminole County Legislative Delegation, to All Interested Parties, advising of its annual public hearing on Thursday, September 6, 2001, from 2:00 PM until 6:00 PM, at the Seminole County Commission Chambers at 1101 East First Street, Sanford, Florida. (cc: Board, County Manager, County Attorney)
52. Permit Notification (facsimile) from Dawn Bauder, FPL Permit Coordinator, advising that Florida Power and Light Company is making application to the State of Florida Department of Transportation for permit to construct distribution facilities and appurtenances as indicated on attached sketch. (cc: Board, County Manager, Planning and Development Director, Public Works, Environmental Services, Planning Manager)
53. E-mail dated July 13, 2001, from Kim Bradley, Longwood Markham Citizens Action Group Member, Re: Proposed PUD calculation methodology change. (cc: Board, County Manager, Planning & Development Director)
54. Memorandum dated July 10, 2001, from Doris-anne Freeman, City Clerk Department, City of Altamonte Springs, to Distribution List, transmitting copy of Resolution No. 1049, Re: Conversion of Vehicular Roadway to Pedestrian Walkway--Shorecrest Drive Right-of-Way. (cc: Seminole County Manager, Mapping Supervisor, Building & Fire Division)
55. Notice and Agenda of July 18, 2001, regular meeting of the Seminole County Port Authority.
56. Copy of letter dated July 11, 2001, from Karen T. Marcus, President, Florida Association of Counties, to Governor Bush, Re: Vetoes related to the County Article V Trust Fund. (cc: County Commission Chairs, Mary Kay Cariseo, Executive Director, FAC, Board, County Manager, County Attorney)
57. Copies of letters from Kenneth M. Roberts, Director, Department of Public Safety, to Claudia Wolff and Doug Romans expressing appreciation for recent donation to the Seminole County Animal Services Division.
58. Letter dated July 17, 2001, from Richard W. Wells, AICP, Community Development Director, City of Casselberry, to the County Manager, transmitting Ordinances 01-1022 and 01-1023, redefining the corporate limits of the City of Casselberry effective July 19, 2001, with attached copy of legal descriptions and maps. (cc: Planning, Property Appraiser, Supervisor of Elections)
59. Copy of letter dated July 20, 2001, from Ray Hooper, CPCM, Purchasing Manager, to Tom Kimsey, Recycling Corporation, Re: Protest concerning RFP-4114-01/JVP, Seminole County's Requirement for Recycling Processing Services dated July 6, 2001, and Mr. Kimsey's letter dated June 28, 2001. (cc: Board, County Manager, County Attorney)
60. Letter dated July 18, 2001, from Edward S. Posey, Executive Director, Central Florida Zoological Park, to the Chairman, expressing appreciation for the second incremental payment of $300,000 toward capital campaign. (cc: Board, County Manager, Fiscal Services)
61. Letter dated July 16, 2001, from Stephen P. Smith, President. Lake Harney Estates Association, Inc., to the Board, posing questions regarding maintenance of Cochran Road. (cc: Board, District Commissioner/response)
62. Letter dated July 18, 2001, from Cynthia Porter, Deputy City Clerk, City of Sanford, to the Board, transmitting copy of proposed Ordinance No. 3658 (to annex .781 acres of property lying between Narcissus Avenue and West SR 46 and between Creek Road and Monroe Road) and Ordinance No. 3660 (to annex 21.73 acres of property lying between Rinehart Road and W. CR 46A and between Plantation Lakes Circle and Rinehart Road). (cc: Board, County Manager, Planning & Development Director, County Attorney, Planning Manager, Property Appraiser)
63. E-mails from the following Re: Maitland Public Works Yard: David & Ann Lee, Nancy and Janes Lindelof, Ann Poe, Alex Steffano, Ken Poe, Tom Patton, Carol Ann Hoch, Patricia V. Schnurr, Valentine and Ruth Ann Sellati. (cc: Board, County Manager, Planning & Development Director, County Attorney Lee)
64. Letters and e-mails from the following in favor of the continuance of Lynx A+ service at its present level: Samuel W. and Gail T. Crigler, Sandra Brown, Ruth L. Jacobs, Mrs. Eleanor Miller, Jan L. Simpson, Antonio "Tony" Rodriguez. (cc: Board, County Manager, Planning)
65. E-mail dated July 21, 2001, from Mrs. Jay Kruger, Foxspur Subdivision, to the Board, Re: Comprehensive Plan and Land Development Request by Development Advisory Board. (cc: Board, County Manager, Planning & Development Director, Planning Manager)
66. Letter (facsimile) from Thomas A. Cloud, Gray, Harris & Robinson, P.A. to the Chairman, advising of withdrawal of Appeal and Special Exception Application - Nobel Learning Center. (cc: Board, County Manager, Planning & Development Director, Planning Manager, County Attorney)
67. E-mail dated July 17, 2001, from Bill Nightengale, Indian Hills resident, transmitting attached copy of letter from the Indian Hills Homeowners Association, to CoCo Wu, Seminole County Engineering, Re: SR 436/Red Bug Road Study. (cc: Board, County Manager, Public Works, Engineering)
68. Letter dated July 17, 2001, to Property Owner from Harold Webb, Project Manager, Florida Department of Transportation, Re: S.R. 434 PD&E Study from Montgomery/Wekiva Springs Road to U.S. 17/92. (cc: Board, County Manager, Public Works Director, County Engineer, Road Operations)
69. Letters from Jane A. Madsen, Dave and Charlotte Nielson, and Richard S. Thompson to the Orange County and Seminole County Chairmen and Commissioners requesting that McCulloch Road not be bridged over the Little Econlockhatchee River or the Econlockhatchee River. (cc: Board, County Manager, Public Works Director, County Engineer)
70. Copy of letter dated July 16, 2001, from Dave Tomek, Director, Community Development Department, City of Maitland, transmitting copy of concerns from a previous workshop on the City of Maitland's Kewannee Trail site in Seminole County. (cc: Board, County Manager, Planning & Development Director, County Attorney)
71. Letter dated July 17, 2001, from H. W. "Bill" Suber, CFA, ASA, Seminole County Property Appraiser to the Chairman, advising of the BCC's proportionate share of the budget for the 2001-2002 fiscal year. (cc: Board, County Manager, Fiscal Services Director)
72. Letter dated July 17, 2001, from H. W. "Bill" Suber, CFA, ASA, Seminole County Property Appraiser to the Chairman, advising of the Seminole County Road District's proportionate share of the budget for the 2001-2002 fiscal year. (cc: Board, County Manager, Fiscal Services Director)
73. Letter dated July 17, 2001, from H. W. "Bill" Suber, CFA, ASA, Seminole County Property Appraiser to the Chairman, advising of the Seminole County Fire District's proportionate share of the budget for the 2001-2002 fiscal year. (cc: Board, County Manager, Fiscal Services Director)
74. Notice to Affected Property Owners from the City of Oviedo of proposed Ordinance No. 1165 - Proposed rezone of .77 acres located on the north side of CR 426 and west side of Oviedo Street from R-1 (Single Family Residential) to RP (Residential Professional Office). (cc: Board, County Manager, Planning & Development Director, Planning Manager)
75. Letter dated July 13, 2001, from Michael Snyder, P.E., District Secretary, Florida Department of Transportation, Re: County Incentive Grant Program Awards for FY 2002/03. (cc: Frank Martz, Jerry McCollum, Carolyn Hyland Ismart, Bob Cortelyou, P.E., Lennon Moore, Tom Moscoso, Board, County Manager, Public Works Director, County Engineer)
76. Memorandum dated July 17, 2001, from Cindy Hall, Director of Fiscal Services, to the Board, transmitting copy of information to Commissioner Henley as requested. (cc: Board, County Manager)
77. Letter dated July 11, 2001, from Cynthia Porter, Deputy City Clerk, City of Sanford, to the County Manager, transmitting a copy of Ordinance No. 3657 passed and adopted by the City Commission on July 9, 2001 annexing 10 acres of property lying between Pine Way and Palm Way and between Park National Drive extended southerly and Mellonville Avenue south. (cc: Planning, Property Appraiser, Supervisor of Elections)
78. Letter dated July 11, 2001, from Cynthia Porter, Deputy City Clerk, City of Sanford, to the County Manager, transmitting a copy of Ordinance No. 3655 passed and adopted by the City Commission on July 9, 2001, annexing 6.8 acres of property lying between the School Board and Church Street and between N. White Cedar Road and Creek Road, 3872 Church Street. (cc: Planning, Property Appraiser, Supervisor of Elections)
79. Minutes of the Seminole County Parks and Recreation Advisory Board Minutes of July 10, 2001, meeting.
80. Copy of letter from Bob Chorvat, Manager, Seminole County Parks and Recreation, to Ms. Mjera Todaro, expressing appreciation for recent donation to purchase a tree to be planted at Red Bug Lake Park. (cc: Library & Leisure Services Director)
81. Contracts for Services, as shown on page _________, between Seminole County Parks and Recreation and the following: Douglas Magruder, Arleen Sweezey, Dominick McBride, Brigette Ballard, Janis Hennessee.
COMMITTEE REPORTS
Commissioner McLain reminded everyone that the Economic Development Council of Mid-Florida will be meeting in Seminole County this month at Timacuan and he would like to invite everyone to attend.
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Commissioner Morris stated time is running out relating to redistricting as it has to be done prior to the end of the year. The State will be redistricting in the January plan. The County has to redistrict along current precinct lines and then they will have to adjust the precincts in two years. The Board may want to deal with some issues during a work session or during a Board meeting.
Chairman Van Der Weide stated the County Manager has suggested scheduling a work session relating to redistricting. He stated the one thing that will keep the Board from doing what they want to do is they cannot redistrict a School Board member out of their district unless they go with different districts the School Board members have.
Mr. Grace stated a work session is scheduled during the second meeting in August. The redistricting has to be done prior to the end of the calendar year.
Commissioner Morris stated he thought it was 60 days prior to the end of the calendar year. Whereupon, Mr. Grace advised he will double check that and get back with the Board.
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Chairman Van Der Weide updated the Board on what was discussed during the Tourist Development Council meeting. He stated the RFPs for the Conference Center will be back during the first week of August.
Commissioner McLain stated he had a meeting with the City of Sanford Mayor and he indicated that they expect to have a proposal within the next couple of weeks.
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Chairman Van Der Weide stated Mr. Warrington from Amtrak was in attendance at the TDC meeting and he has agreed to seek funding for high speed rail and run it from the east coast to the west coast. He stated it was interesting to know that Amtrak had worked out a huge agreement with the Olympic Committee.
Commissioner Henley stated there was a big push to acquaint everyone about the high speed transit funding that is going to be voted on this week by Congress. He stated 80% will be funded by Congress to put that high speed rail in from Orlando to Tampa.
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The Board recessed the meeting at 3:20 p.m., reconvening at 7:04 p.m. with all Commissioners (Commissioner Maloy entered late) and all other Officials, with the exceptions of Commissioner McLain who was absent; County Attorney Robert McMillan who was replaced by Deputy County Attorney Stephen Lee; and Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to M-1A (Very Light Industrial); property located near Camp Road abutting the GreeneWay to the north with SR 426 to the south, Mike Hattaway, received and filed.
Kathy Fall, Planning and Development, addressed the Board to state the property to be rezoned will be an expansion of the existing business located to the east. It does not have access and staff will request a cross access easement through the Development Order from the property to the east. She stated the property to the east has a matter-of-right crossing the unimproved Cross Seminole Trail. Staff is recommending approval of the rezoning given its compatibility with its future land use of industrial and its surrounding land uses; per the conditions of the Development Order for a cross access easement from the property to the east; and the zoning will be in compliance with any adopted trail policies at that time.
Commissioner Maloy entered the meeting at this time. He advised he had been briefed by the staff previously on this item.
Mike Hattaway, representing the applicant, addressed the Board to state he concurs with the staff recommendations and he is here to answer any questions.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to adopt Ordinance #2001-32, as shown on page _______, rezoning to M-1A (Very Light Industrial District) property located near Camp Road abutting the GreeneWay to the north with SR 426 to the south; as described in the proof of publication, Mike Hattaway, and approval of Development Order, as shown on page _______.
Under discussion, Commissioner Maloy stated this is basically continuing the light industrial that is already there and the light industrial surrounding the property.
Districts 1, 2, 3, and 4 voted AYE.
APPEAL AGAINST BOARD OF ADJUSTMENT
Continuation of a public hearing from March 13, April 10 and June 12, 2001, to consider Appeal against the Board of Adjustment decision in denying a Special Exception to permit a private pre-school with up to 150 children; property located on the west side of Markham Woods Road, approximately 1-2/5 miles north of Lake Mary Boulevard, Dan Wallace, Nobel Learning Communities.
County Manager, Kevin Grace, stated this item had been continued two or three different times and the Board has now received a letter (copy received and filed) from the applicant withdrawing the request.
Commissioner Morris noted that District Commissioner McLain had family obligations and was not able to be present tonight.
Frank Shelton, 14 Stone Gate North, President of the Markham Woods Homeowners Association, addressed the Board to state there should be definite limits on the ability of an applicant continuing proceedings in order to make a mockery of public involvement. He said there was a total of six meetings and one official Board of Adjustment meeting. Some of the residents attended all six meetings. He said the applicant knew full well how to discourage public involvement. He hopes the Board considers this in the future because it sets a precedence.
Mr. Shelton stated a large cross section of the public participated for over one year in construction of the 1987 Comprehensive Plan and since then only a small, developer-oriented advisory group has been involved in changing it. He said the change to allow private elementary schools in agricultural-zoned areas, including most of the Markham Woods Road area, with no rules as to compatibility, minimum acreage, size, traffic safety, etc. is not acceptable. He said it appears that six weeks old through eighth grade qualifies for an elementary school. He stated a change to not only allow but recommend PUD zoning and clustering under Suburban Estates land use is the ultimate “kick in the teeth” to homeowners in their area and the hundreds of citizens who worked on the Comprehensive Plan in 1987 and purposely wanted minimum one acre lot size. The main themes by the homeowners in the northwest area of the County for minimum one-acre lots, rural character and minimal traffic are ignored. He asked the Board to help them preserve the outstanding residential area they have mutually developed over more than 30 years and take action to correct the Comprehensive Plan provisions related to private elementary schools and small lots under Suburban Estates land use.
Fred Schott, 2056 Hutton Point, addressed the Board to show a picture of a duck, but he stated it was a dog. He said that is what is going on with the people who want to build this school. He stated the Florida Statutes 230.2319 specifically point out what a middle school is, defined as 6th through 8th grades in Florida; primary education is 1st through 5th; and high school is 9th through 12th. He said the people who are building this project have sent out flyers throughout the neighborhoods that they are building an elementary school, first through eighth grades, which is in violation of the Florida Statutes. They are going to build a preschool, elementary, and a middle school, and unless somebody does something about it, this is what will be done even though they have withdrawn their application.
A copy of the flyer (not received and filed) being distributed in the neighborhoods was submitted to the Board.
Mr. Wickham, 1701 Cedar Stone Court, addressed the Board to state he received the solicitation for the elementary school. He said when the Heathrow Elementary School went in, the traffic was backed up onto Markham Woods Road by the parents dropping off their kids. He said the Sheriff’s Office has put up signs but the traffic still backs up. Now, they are talking about a school that will virtually have no bussing, so Moms and Dads will be dropping off the kids and it’s between two curbs. He asked what type of traffic situation would they have.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Deputy County Attorney Stephen Lee advised Chairman Van Der Weide that the applicant has withdrawn his application and no action was required by the Board.
Commissioner Henley asked if it is defined in the County ordinance what each of the various schools are.
Don Fisher, Planning and Development Director, stated he is not aware where the code specifically identifies what an elementary, middle, or high school is, but staff relies on the State Statutes. If there would be an issue regarding any particular item, they would enter into the development order specifically identifying what grades would be participating in a facility. He stated he would not say this applicant would be in compliance if they had a school through the eighth grade. He advised Commissioner Henley that staff has already had discussions with Tom Cloud, representative for the applicant, and Mike Holbrook, Site Planner, Landscaper, and Architect, regarding their flyer and indicated those grades are not what is considered to be an elementary school.
Commissioner Morris stated he agrees with some of the comments Mr. Shelton made, particularly the continuances. He said he doesn’t know what the Board can do relative to their respect to the public and applicant. It does seem they have to be more stringent in wanting to have a valid reason for a continuance. He thinks the public process is hindered by those continuances in terms of the participation and a lot of frustration to the public at large. He stated on the cluster zoning that the densities of net buildable acres has remained the same. The County is only in 4% violation of densities in the northwest quadrant and this is over a period of 10 years. He concurred that the Board is in favor of having competition from the private sector with the public schools. They find that healthy because it means less capitalization in the public schools for construction and needed growth that overcrowding means. At the same time, they have to look at private schools as ventures that are developmental and commercial in nature. They are built to make money. He said they might want to look at which area and where they want the schools to go. He noted on traffic that it’s one thing to have private schools that Markham Woods residents have to concern themselves with, but when there are private schools in Lake Mary and Markham Woods residents leave their community and take their traffic to Lake Mary to the private schools, it causes a traffic problem there also. The idea of trying to locate schools closer to the populations that are going to use them is a factor. He asked why should everything be on the east side of I-4 and not the west side. He said this project concerns him, but he recognizes the developer has rights and he is going to build something and it’s going to be a school. He said that maybe the Board could get closer scrutiny from the Director of Planning to know what zoning makes sense.
Chairman Van Der Weide stated he is sure this item will come back before the Board and they will have an opportunity to have a full hearing. The District Commissioner is not present tonight and with this much interest, he would want to wait until this comes back before the Board.
Commissioner Henley stated he concurs with Commissioner Morris that staff needs to go back and look at the codes. There are certain things they might want to desire in the code before they face more requests. One issue would be to define what the various grade levels are.
Chairman Van Der Weide stated staff has the opportunity to revisit any issue they want and bring to the County Manager’s attention, but he doesn’t want to continue the discussion tonight.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of Typical Section and alignment for the design of Eden Park Avenue from Maitland Boulevard to Bunnell Road; authorize staff to proceed with right-of-way acquisition; and authorize staff to connect the sidewalks along Eden Park Avenue and Bunnell Road, received and filed.
Heather Bradshaw-Ells, Engineering, addressed the Board to state the staff is asking for approval of the typical section and alignment similar to the Bunnell Road project that was approved.
Nathan Silva, Glatting Jackson, addressed the Board to make a PowerPoint presentation of the project. He reviewed slides and discussed the following: Existing Conditions; No Bicycle Lanes; and Little Stormwater Systems. He advised they evaluated three alternatives for a 4-lane, 3-lane and 2-lane divided road. He further discussed the topics: Future Traffic Projections; Alternative Alignments Impact Analysis; 4-lane Typical Section Eliminated primarily due to the exorbitant amount of displacements that would be required; and South of the Railroad, 2-Lane Divided or 3-Lane. He said they are recommending a two-lane divided road for south of the railroad. Mr. Silva continued with discussion of the following: South of the Railroad Alignment Analysis; South of the Railroad Recommendation (for a 2-lane divided center alignment); and North of the Railroad 2-Lane Divided vs. 3-Lane. He stated they are recommending the 3-lane alternative for north of the railroad. He discussed the slide, North of the Railroad Alignment Analysis and said they are recommending the west alignment. He continued with discussion of the Stormwater Ponds; Cost Estimate of the Recommendation for $3.3 million not including the cost for the retention pond property; and the Public Involvement Summary.
Commissioner Henley asked if the retention pond would impact any residences or displace anyone. Ms. Ells stated there is one vacant parcel and two other parcels that are not vacant.
Upon inquiry by Chairman Van Der Weide, Ms. Ells said staff is asking for approval to have connections with the sidewalks from Bunnell Road to Bear Lake Road and on Eden Park up to McNeil. Whereupon, Chairman Van Der Weide said it is critical to connect those sidewalks.
County Engineer, Jerry McCollum, addressed the Board to advise Chairman Van Der Weide that the specifics in terms of the roadways were not mentioned in the proposed one cent sales tax but the pieces of the sidewalks that are missing were included in the proposed second generation one cent sales tax. He said there is enough road money to do those now.
Commissioner Morris discussed that some of the sidewalks could move ahead of the road projects themselves. Whereupon, Mr. McCollum said the funds could be available shortly under the road projects and they could do the sidewalks prior to the actual road construction. He said staff would use whatever the easiest funding route there is.
Commissioner Morris said it seems to him that the southern section, south of the railroad with the divided roadway, is ideal and it would be a great improvement aesthetically to those homes. He said the 3-lane typical section is economical, but it will not have the aesthetic value to it. He does not understand why the entire route was not a 4-lane divided with green space in the middle or a 3-lane that is not continuous, because a continuous left turn is not needed for the entire road. He asked why wouldn’t this be done.
Chairman Van Der Weide stated he thinks the key issue is to not give the neighborhood more than what is needed because those roads will fill up. This would be the most convenient route and the traffic count could be completely understated. He said his emphasis is on safety and the least amount of interference.
Commissioner Morris stated he thinks the traffic is going to come to the neighborhood and in two to five years after this project, they will be coming back with a proposal for four lanes and they will be seeing traffic backups. Further he thinks the middle lane will become a passing lane.
Mr. McCollum answered that he thinks four lanes would choke the system because Bunnell is not going to be four-laned. He said by putting four lanes, that would draw traffic in and then they would have to put it somewhere. They are trying to limit that.
Mr. Silva stated the reason they did not recommend the 2-lane divided road north of the railroad is because when you try to make a U-turn, the roadway would not be wide enough to do that. They did not discuss putting in islands or using the middle lane as a passing lane. They could take a look at that and may be able to put in some islands.
Ms. Ells stated there is a dire need to connect the sidewalks and she requested approval to go ahead and do that. She explained staff wants to fill in the gaps in the sidewalks as soon as they can.
Pat Freeman, 962 Southridge Trail, Altamonte Springs City Commissioner and President of the Country Creek Homeowners Association, addressed the Board to state she is representing County Creek and other neighborhoods on Eden Park. She said they are all for the landscape median, but they are not real happy about how it is going to be maintained. She explained that the City of Altamonte Springs cannot afford to use reclaimed water for maintenance and that presents a problem. She advised that for the past ten years, with a few exceptions, Country Creek has obtained their own contractor to take care of the rights-of-way on Eden Park Road because the County won’t maintain it. They are concerned that the landscape median is going to be put in and won’t be maintained any better than the rights-of-way by the County. She said if the landscape median is not going to be taken care of, they need to request that a concrete median be put in instead.
Chairman Van Der Weide responded that there are areas all around the County in the same situation as with Country Creek. He said the Board has directed staff to address the issue relative to this problem which would be a situation where the County would pay back to the community a certain portion which the County would normally spend, and if the community wanted to supplement that amount, they could do so. He explained the County does not have a policy for these areas and until that is changed, things won’t be done any differently.
Commissioner Morris stated the policy has been that the land in front of a subdivision be maintained by the subdivision. He said the County is trying to aesthetically enhance some of these areas as much as they can and do as much zeroscaping and maintenance as possible. He thinks people would be better off seeing trees and landscaping than asphalt in the medians, but it still would be the community that needs to reach out and help their community to look better as much as they can.
Ms. Freeman submitted pictures (copies received and filed) to the Board showing that some peoples’ back yards will be on this road and she asked the Board to consider doing something about a wall. Also, she asked that the sidewalks be as close to the housing communities as possible as opposed to near the road, because they have massive amounts of children walking to Teague Middle School and they need to keep them away from the road.
Ms. Freeman also submitted a proposal (received and filed) to raise the brick walls.
Joseph Malin, 812 Timberland Trail, Board member of the Country Creek Homeowners Association, addressed the Board to state he echoes what Ms. Freeman said and he asked the Board to give consideration of some sort of sound barrier. He said they have sections of chain link fences and brick walls going about 4 to 5 feet, and with the additional noise off Maitland Boulevard, some sort of sound barrier is needed in their community.
Commissioner Morris discussed the proposal for a wall. He said he knows that a six-foot wall does not mitigate sound to a neighborhood and even if it were 10 feet, the wall would bounce the sound to the other side of the street.
Mr. McCollum stated there is a wall policy and the County does not replace walls unless the policy is violated. The County would not be putting up a wall because they would not be impacting anything. With the building codes the way they are now, they could not add more than a foot to the wall, therefore, they would have to take down the whole wall. He said the policy does not apply to this project.
John Ivey, 9806 Eden Park Road, addressed the Board to state he has not seen any dramatic increase in traffic on Eden Park Road. Only those people who live on the roads that intersect with Eden Park choose to use it and that is the way it should be. He said he doesn’t want people to come in so don’t build the road. He is not saying they should not improve Eden Park Road, but they do not need the proposal that is before them. He thinks the proposed widening of the road is insanity and lacks any rationale. All that’s needed is to bring Eden Park up to modern standards for a two-lane road and install curb and gutters storm drainage and sidewalks. He asked if anyone had talked to the residents of the three homes that would have to be taken down in the center lane scenario.
John Moore, Engineering, addressed the Board to state when they start the acquisition phase, staff contacts the people, but at this point in time they have not made contacts with the property owners.
Upon inquiry by Mr. Ivey as to what the County is trying to do, Chairman Van Der Weide answered he thinks they are trying to adjust to the capacity they have and projected future capacity. He added this is smart planning.
Commissioner Maloy added he thinks some of the reasons for the improvements are wider lanes, sidewalk improvements, and drainage. They are trying to plan for better safety of the area.
Commissioner Morris said he thinks the traffic projections are probably correct which show as increasing in ratios. He thinks safety improvements and bringing the road up to standards are the best explanations from a planning standpoint as to why have this project.
No one else spoke in support or in opposition.
Speaker Request and Written Request Forms were received and filed.
Chairman Van Der Weide surrendered the gavel to Vice Chairman Morris for the purpose of making a motion.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the staff recommendation for two-lane and three-lane typical sections with the recommended alignment for the design of Eden Park Avenue from Maitland Boulevard to Bunnell Road and authorize staff to proceed with right-of-way acquisition; and to authorize staff to connect the sidewalks along Eden Park Avenue and Bunnell Road, as described in the proof of publication; and with direction for staff to report back to the Board on how many medians they can place and still maintain as many left turn lanes going in either direction that’s needed to satisfy the residents that directly abut Eden Park Road, and still maintain the integrity of the project.
Under discussion, Commissioner Morris asked Commissioner Van Der Weide if he would include in his direction to staff to brief him on the possibility of a stamp area for more aesthetics to the area. Also, he said on the north side of Eden Park, there are areas with less landscaping and he asked if those areas could be the ones that staff enhances the most on the right-of-way. Commissioner Van Der Weide concurred.
Districts 1, 2, 3, and 4 voted AYE.
Vice Chairman Morris returned the gavel to Commissioner Van Der Weide to assume the duties of Chairman.
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Chairman Van Der Weide recessed the meeting at 8:44 p.m. and reconvened at 8:52 p.m. Mr. Grace was absent at this time.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Trails Protection Ordinance was received and filed.
A copy of the Economic Impact Statement and map referenced in the proposed ordinance were received and filed.
Mr. McCollum reported that some property owners in the audience who wanted to speak tonight are requesting if this hearing could be continued. He said staff would not have a problem with a continuance to the second meeting in August.
Commissioner Morris said he thinks they can clarify some of the issues. They need to be sure they are clear on the language and that the property owners understand what their access issues would be. He stated that apparently the DAB only received the information last week and were not able to formally meet. He thinks that board would be a good place to “air” this discussion. Staff might have those who wanted to speak tonight make sure they are contacted in order to contact the DAB to have an initial “airing” and make sure the language is clear.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Henley, to continue to August 28, 2001, the public hearing to consider adoption of the Trails Protection Ordinance, as described in the proof of publication.
Under discussion, Mr. McCollum stated he will get all the information to the DAB, but this does not preclude staff from meeting with the citizens as well. He said staff will do that and address questions the citizens may have.
Mr. Grace reentered the meeting.
Districts 1, 2, 3, and 4 voted AYE.
Chairman Van Der Weide acknowledged the attendance of Shane Maloy, son of Commissioner Maloy, who had dialog with the Commissioners about his school and family life.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:00 p.m., this same date.
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