BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

AUGUST 13, 2002

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, August 13, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

 

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)(Late)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     Pastor Bryan Wenger, Upsala Community Presbyterian Church, Sanford, gave the Invocation.

     Commissioner Morris led the Pledge of Allegiance.

Awards and Presentations

 

    Motion by Commissioner Maloy, seconded by Commissioner Henley, to adopt appropriate Resolution #2002-R-124, as shown on page _______, commending William F. Ramboldt, Team Leader, Parks & Recreation Division, Department of Library & Leisure Services, for his 19 years of service to Seminole County, upon his retirement.

    Commissioner Van Der Weide entered the meeting at this time.

    Districts 1, 2, 3, 4, and 5 voted AYE.


    Commissioner Maloy and Mr. Grace presented the Resolution to Mr. Ramboldt, who thanked everyone for the 19 years he has enjoyed very much.  He commended the staff he worked with.

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Randy Berridge, High Tech Initiatives, addressed the Board to report on what’s going on in Florida within the I-4 High Tech Corridor.  The report publication, “florida.high.tech,” Annual Report 2002-2001, and E-News newsletter were received and filed.  Mr. Berridge stated they kept 900 jobs in the State and 600 jobs coming to Seminole County.  Mr. Berridge said he is representing University of Central Florida President John Hitt and University of South Florida President Judy Genshaft.  He stated Mr. Hitt deserves the credit for working on a pro-active basis.  They are now at $7.1 million a year.  He reported on the effort to market the entire region and talked about the effort on work force development.  He said they have 250 volunteers.

    Commissioner Morris thanked Mr. Berridge for the great work they are doing on the Corridor.  Mr. Berridge advised the Board could help them by continuing to provide great volunteers.

    Chairman McLain expressed his appreciation to Mr. Berridge for coming and giving his presentation and said the Board is looking forward to working with them.

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    Sue Woodbery, Keith & Schnars, Professional Associates, addressed the Board to give a PowerPoint presentation on the I-4 Master Plan, reviewing the construction projects currently going on in Orange County, Seminole County, and Volusia County.  She distributed to the Board copies of the newsletter, “Four Cast,” (copy received and filed).  She discussed their web page, the newsletter, educational outreach program, lane closure distribution notice, 511 traffic information service, renumbering of major interstates, and the road ranger, a program to help stranded motorists. 

County Attorney’s Consent Agenda

     Upon inquiry by Commissioner Maloy, Mr. McMillan discussed Item #6 giving background information.

Property Acquisition

4.     Approve and execute Purchase Agreement, as shown on page _______, relating to Lyell Hintz, Parcel Numbers 100/800 of the Lake Emma Road road improvement project, located on the north side of Longwood Hills Road west of the Lake Emma Road intersection in the amount of $60,000.00, with no attorney’s fees or expert costs incurred.

Litigation

5.     Approve proposed settlement relating to Irene Davis and Tami Temika McDonald’s property, Parcel Number 846 of the County Road 427 Phase I road improvement project, located along the east right-of-way of County Road 427 south of Oak Avenue and north of Marker Street, Altamonte Springs, in the amount of $7,000.00, inclusive of attorney’s fees and costs.

6.     Authorization to defend regarding Longwood Green Inc. v. Seminole County. Lawsuit seeks damages and injunctive relief based on the construction of drainage inlets and other improvements on Plaintiff’s property. The Plaintiff, developer of Longwood Green and The Oaks at Longwood Green subdivisions, claims County activity during the construction of County Road 427 Phase III resulted in an unauthorized invasion of his property. Plaintiff’s legal claims are based on theories of inverse condemnation and trespass.

 
     Districts 1, 2, 3, 4, and 5 voted AYE
 

County Manager’s Consent Agenda

 

     Upon inquiry by Commissioner Henley about the number of projects for Item #19, ranking list for PS-5114-02, County Engineer Jerry McCollum addressed the Board to advise he estimates there would be 10 to 12 projects a year.

     Commissioner Morris discussed Item #37, Resolution and County Deeds, Seminole County to City of Lake Mary and Lake Mary Woods Phases III and IV Homeowners’ Association.  He said there may be other properties like the one involved with this project where the homeowners may want to incorporate, but don’t know that they can.  He said it might be interesting to see if this is the case in the districts where there are a lot of road widening going on.  He said this was an opportunity to add an amenity to the community that otherwise the County would not have been able to do for the residents.  This might be a concept to consider when there is a big surplus of lands of odd configuration or not appropriate for the County to sell for the original purpose intended.

     Commissioner Henley noted his concern for the future is that when a transfer is given to a homeowner’s association, some kind of reverter clause is put in, in case the association decides to sell the land for some other purpose.

     Motion by Commissioner Henley, seconded by Commissioner Morris, to approve and authorize the following:

Fiscal Services

Budget

 7.  BCR #02-112 – $18,000 – Public Works – Traffic Engineering – Fund: 10101 – Transportation Fund.  The Traffic Engineering Division needs to replace a 1993 F-150 pickup truck that has caught on fire several times.  Fleet Management recommends replacement.  Funds are available since several equipment purchases came in less than budget.

 8.  BCR #02-113 – $54,369 – Public Works – Stormwater – Fund: 13000 – Stormwater Fund.  Five Stormwater projects in the Howell Creek sub-basin are funded by the St. Johns River Water Management District.  The original project costs were based upon estimates.  An accounting adjustment within these projects is necessary to reflect actual expenditures in order to support the amount of site reimbursement requested for each project.   

 9.  BCR #02-114 – $38,167 – Public Safety – EMS Trust – Fund: 11800 – EMS Trust Fund.  Staff requests the designation of EMS Trust Funds in the amount of $38,167 for the purchase of a Human Patient Simulator for use in training EMTs and paramedics.  This equipment was approved for purchase by the State EMS Office.   

10.  BCR #02-115 – $80,000 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Fund.  Staff requests this transfer of funds as a result of the increased cost associated with the new billing company for EMS transport services.  The contractor is paid based on a percentage of funds collected.  The company has brought in over $500,000 of additional revenue.

11.  BCR #02-116 – $65,000 – Public Works – Engineering – Fund: 10101 – Transportation Trust Fund.  As identified in the County Engineer’s July 8, 2002 memorandum, staff recommends the purchase of two parcels of land fronting Citrus Road.  Funds for the purchase of the property are available in Road Operations and Engineering.

12.  BCR #02-117 – $120,000 – Public Works/Information Technologies – Fund: 10101 – Transportation Fund.  An overhead fiber optic line used by the County needs to be relocated (buried) along Seminole Boulevard and Mellonville Avenue to accommodate the City of Sanford’s Riverwalk Project.  This is not a previously anticipated project in the budget.  Request a transfer from Transportation Trust Fund reserves.

13.  BCR #02-118 – $15,000 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund.  Additional funds are needed for replacement of playground equipment at Sylvan Lake Park.  This project was scheduled for replacement in Fiscal Year 2001/02. Funds are available in the Cross Seminole Lake Howell Creek Trestle repair project.  The scope of the Cross Seminole project changed due to further engineering assessment resulting in a savings.

14.  BCR #02-119 – $80,000 – Public Works – Engineering – Fund: 32100 – General Fund.  Additional lighting is needed for the I-4 pedestrian overpass based upon a request from the Board.  Request a transfer from Trails Bond Fund reserves.

15.  BCR #02-120 – $16,475 – Public Works – Traffic Engineering – Fund: 10101 – Transportation Trust Fund.  Additional storage space is needed by the Traffic Engineering Division.  A mezzanine level can be added to the warehouse, which would add an additional 748 square feet of storage. Funds are available from the operating supplies line.

16.     Adoption of Budget Amendment Resolution #2002-R-125, as shown on page _______, $4,500 – Library & Leisure Services: Fund 60307 – 4H Donation Fund.  The 4H Donation Fund is used to collect donations and registration fees for 4H activities.  Actual revenues received have exceeded the budget amount.  An increase in the budget is necessary to account for the increased revenue and to pay registrations for specific activities.

Purchasing

17.  Approve Change Order #2, as shown on page _______, to FC-1168-01/BJC - Markham Regional Water Treatment Plant, with Wharton-Smith, Inc., Lake Monroe ($712,678.00) (Time Extension).

18.  Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1177-02/BJC - Potable Water Interconnect - Altamonte Springs, with Gibbs & Register, Inc., Winter Garden.

19.         Approve ranking list for PS-5114-02/BJC – Professional Services for Peer Review/Constructability Review for Public Works Projects, authorize staff to negotiate and award a Master Agreement, as shown on page _______, with H. W. Lochner, Inc., Orlando (Not-to-Exceed $100,000.00 per year).

20.     Approve Amendment #1, as shown on page _______, to PS-578-00/BJC - Construction Engineering and Inspection Services for Lake Mary Boulevard/Silver Lake Boulevard - Phase III and East Lake Mary Boulevard/Silver Lake Drive Extension Segment I, with AB/WCG - Joint Venture, Maitland ($441,269.00).

21.     Approve Amendment #2, as shown on page _______, to PS-525-98/BJC - Construction Engineering and Inspection Services for Markham Woods Road/Douglas Avenue Road Project, with Keith and Schnars, P.A., Rockledge ($33,209.28).

22.     Award IFB-3053-02/GMG, as shown on page _______, Term Contract for Countywide tree trimming, tree removal, stump grinding and emergency response to Lewis Tree Service, Inc., Rochester, NY (Primary Contractor) and Environmental Professional Association Ltd., d/b/a PROVCO, Yuba City, CA (Secondary Contractor) ($757,650.00 per year).

23.     Authorize Proprietary Source Procurement and authorize the issuance of a Purchase Order for Hazardous Chemical Detection equipment, to Inficon, Inc., Syracuse, NY ($99,500.00).

24.     Authorize Proprietary Source Procurement and authorize the issuance of a Purchase Order for IVR System, to Selectron, Inc., Tualatin, OR ($64,400.00).

25.     Authorize Sole Source Procurement and authorize the issuance of a Purchase Order for five (5) YSI Continuous Monitoring Water Quality Stations to Endeco YSI, Inc., Marion, MA, ($89,897.40).

26.     Authorize the issuance of a Purchase Order for Motorola Wide Area Network Equipment for Information Services/Telecommunications and Public Safety Fire Rescue to Motorola, Inc., Longwood ($83,379.45).

27.     Approve Amendment #3, as shown on page _______, to M-93-99/BJC – Copier Services, with Lanier Worldwide, Inc., Orlando (Update Exhibits “A” and “B” – List of Equipment).

28.     Approve Amendment #1, as shown on page _______, to M-303-02/BJC – County Services Building (CSB) parking and drainage improvements, with Bowyer-Singleton and Associates ($4,800.00). 

 

Planning & Development

Community Resources

29.     Approve and authorize Chairman to execute four (4) Covenants to Comply, as shown on page _______, with The Center for Affordable Housing, Inc. for housing units purchased and rehabilitated with County HOME Program funds.

30.     Approve and authorize Chairman to execute five Satisfactions of Mortgage, as shown on page _______, for the households assisted under the SHIP Program’s Home Ownership Assistance Program (Robert D. & Doris J. Dickerson; Shelia F. Hutchinson; Gail Rodemich; Heriberto Cortes & Lilliam O. Alvarez; and David E. Rivera, Soneska Rivera & Beatriz Cruz). 

31.     Approve and authorize Chairman to execute ten (10) Satisfactions of Second Mortgage (Early Release), as shown on page _______, for the households assisted under the SHIP Program’s Home Ownership Assistance Program (Daniel & Marjorie Duffy; Sabrina M. Martin; Melissa Johnson; Adan J. Jimenez & Kimberly A. Bennett; Karen L. Stewart-Krause; Rebecca Nicholas; Johnny C. King & Darcy S. Hughes; Ana I Viker; Bonita J. Smith; and Victor L. & Ivette M. Laracuente). 

Development Review

32.     Approve minor plat for the Longwood Lake Mary Commerce Park Subdivision located on the west side of Longwood-Lake Mary Road, approximately l/2 mile north of CR 427 (Shaw and Associates). 

33.     Authorize release of Performance Bond No. 5977531 ($6,122,133) and Maintenance Bond No. 6097220 ($196,402.50), J&H Marsh and McLennan, Inc., for Magnolia Plantation, located off of Markham Woods Road at Timberbrook Drive and north of Lake Mary Boulevard (Centex Homes).  Memorandum regarding same, as shown on page _______, was received and filed.

34.     Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Pulte Homes for the payment of $44,000 by Pulte Homes to Seminole County to cover their pro-rata share payment of the outfall pipe construction by Seminole County for the Oakhurst Reserve Subdivision located on the north side of Red Bug Lake Road, approximately 2.5 miles west of Tuscawilla Road. 

 

Public Safety

Medical Quality Assurance & Education

35.     Approve and authorize Chairman to execute Second Renewal, as shown on page _______, to Non-Exclusive Ambulance Franchise Agreement; and Renewal, as shown on page _______, to Certificate of Public Convenience and Necessity for Orlando Regional Healthcare System. 

 

Public Works

Engineering

36.     Adopt Third Resolution of Necessity #2002-R-126, as shown on page _______, relating to the Lake Emma Road Project (Longwood-Hills Road to Sand Pond Road {Exhibit ”A” 000001-1-Parcel}) amending Resolution of Necessity Number 2002-R-56 approved April 9, 2002. 

37.     Adopt appropriate Resolution #2002-R-127, as shown on page _______, and authorize Chairman to execute County Deeds, as shown on page _______, (Seminole County to City of Lake Mary, and Seminole County to the Lake Mary Woods Phases III and IV Homeowners’ Association {HOA}), conveying the County’s interest in real property necessary for the Lake Mary Woods HOA to implement the construction of their buffer wall along County Road 427, Phase IV. 

38.     Adopt appropriate Resolution #2002-R-128, as shown on page _______, and authorize execution of the Local Agency Program (LAP) Supplemental Agreement Number 2, as shown on page _______, with the State of Florida Department of Transportation. 

Road Operations/Stormwater

39.     Authorize release of Road Maintenance Bond (Frontier Insurance Company) #133225 in the amount of $8,741.00 for the Lake Forest Section 11 project. 

 

     Districts 1, 2, 3, 4, and 5 voted AYE.

 

Clerks Consent Agenda

 

     Motion by Commissioner Morris, seconded by Commissioner Henley, to approve and authorize the following:

 1. Expenditure Approval Lists, as shown on page _______, dated July 16, 23, and 30, 2002; and Payroll Approval List, as shown on page _______, dated July 18, 2002.

 

 2. Chairman to execute the following Satisfactions of Judgment/$40 Public Defender Application Fees:

 

          Jonathon David Cross, #01-5173-MMA

          Jonathon James Christopulos, #99-12515-MMA

          Malcolm McClarnon, #99-2004-CFA

          Malcolm McClarnon, #99-2003-CFA

          Kevin Antone Harden, #00-4424-CFA

          Sherrie Shawnte Reed, #00-3284-CFA

          Johnny Montalvo, #99-988-CFA

 

 3. Chairman to execute the Satisfaction of Judgment/Court Costs for Mark Fagg, #98-8072-MMA, $173, Public Defender Application Fee and Court Costs.

 

 4. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:

 

          Katryce Ruana Young, #01003994CFA - $1,038

          Joseph Vincent Harris, #97013343MMA - $308

          Steven Earl Smith, #02002250MMA - $201

          Jon J. Mongeau, #00-268-CFA - $1,038

 

 5. Approval of BCC Official Minutes dated July 9 and July 23, 2002.

 

 6.     Approval and Board execution of 2001 Property Tax Roll Final Report showing the errors, insolvencies, double-assessments and discounts applicable to the 2001 tax roll.

 

 7.     Approval of 2002 Records Destruction, as shown on page _______.

 

     Districts 1, 2, 3, 4, and 5 voted AYE

 

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     The Board noted, for information only, the following Clerk’s “received and filed”:

1.   Work Order #42, as shown on page _______, to FC-1139-00, Central Florida Environmental Corp.

 

 2.  Work Order #17, as shown on page _______, to PS-356-96, Post, Buckley, Schuh & Jernigan, Inc.

 

 3.  Work Order #23, as shown on page _______, to PS-590-01, Professional Engineering Consultants, Inc.

 

 4.  Recorded Resolution #97-R-160, as shown on page _______, Scott and Sylvette Wittmer, adopted August 12, 1997.

 

 5.  Bill of Sale, as shown on page _______, for Bennington Subdivision.

 

 6.  Conditional Utility Agreement, as shown on page _______, for sewer service with Kodiac, L.L.C. for Midway Commerce Center, Lot 1.

 

 7.  Closing documents, as shown on page _______, for the $14,130,000 Seminole County, Florida Gas Tax Revenue Refunding Bonds, Series 2002, per Resolution #2002-R-54 adopted April 9, 2002.

 

 8.  Documents, as shown on page _______, submitted for Lake Emma Road as follows:  Warranty Deed and Temporary Construction Easement with The Good Samaritan Assembly of God, Inc.; Title Insurance Policy No. FA-35-752095; Warranty Deed with Timothy J. and Patricia A. Loftin; Warranty Deed with the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints; and Title Insurance Policy No. FA-35-752096.

 

 9.  Title Insurance Policy No. FA-35-734380, as shown on page _______, submitted for Airport Boulevard, Phase II.

 

10.  Documents, as shown on page _______, submitted for Airport Boulevard, Phase III, as follows:  Title Insurance Policy No. FA-35-734382; Warranty Deeds (8) with William A. and Jean B. Cagle; Doris G. Rivers f/k/a Doris G. Beck; Patricia Redding; Ernest G. Hillsman; Ricardo L. Gilmore and Rose Gilmore Dunnum; Tobin M. Buddenhagen; William R. and Ellen E. Bernosky; and Avis N. Starnes.

 

11.  Title Insurance Policy No. FA-35-763317, as shown on page _______, submitted for East Lake Mary Boulevard, Phase II.

 

12.  Documents, as shown on page _______, submitted for Wymore Road as follows:  Title Insurance Policies No. FA-35-734379 and No. FA-35-721122; Warranty Deed and Temporary Construction Easement with Dennis I. Reeser; and Quit-Claim Deeds (2) with Dennis I. Reeser and Wymore Grove Partnership.

 

13.  Title Insurance Policy No. FA-35-752093, as shown on page _______, submitted for SR 427, Phase III.

 

14.  Warranty Deed, as shown on page _______, with Stanley D. Kupiszewski, Jr., and Title Insurance Policy No. FA-35-734381, as shown on page _______, submitted for Lake Drive.

 

15.  Documents, as shown on page _______, submitted for 46A, Phase III, as follows:  Temporary Construction Easement with Riverboat Landing; Warranty Deed with Ismael Velazquez a/k/a Ismael V. Malazquez; and Title Insurance Policy No. FA-35-752091.

 

16.  Title Insurance Policy No. FA-35-752092, as shown on page _______, submitted for Fire Station 42, SR 46.

 

17.  Work Order #8, as shown on page _______, to PS-551-00, Ecotech Consultants, Inc.

 

18.  Second Amendment, as shown on page _______, to RFP-469-99, T. Wayne Hill Trucking, Inc., approved on June 12, 2001.

 

19.  Term Contract IFB-3047-02, as shown on page _______, with Guardian Fueling Technologies.

 

20.  Satisfaction of Connection Fees, as shown on page _______, for Monroe Commerce Center North.

 

21.  Conditional Utility Agreements, as shown on page _______, for water and sewer with SIP Industries.

 

22.  Letter of acceptance of water and sewer systems and Bill of Sale, as shown on page _______, for Aloma Business Center.

 

23.  Letter of acceptance of water and sewer systems, lift station and public roads, Bill of Sale and Warranty Deed, as shown on page _______, for Astor Farms Phase 1.

 

24.  Work Order #5, as shown on page _______, to PS-585-01, Bentley Architects & Engineers, Inc.

 

25.  Satisfactions (2) of Connection Fees, as shown on page _______, for Wentworth f/k/a Eagle’s Crest.

 

26.  Conditional Utility Agreements, as shown on page _______, for water service with Markham Estates; and for water and sewer service with Wal-Mart Stores East, L.P. and The Ryland Group, Inc.

 

27.  Letter of acceptance of water and sewer systems and Bill of Sale, as shown on page _______, for Lake Forest 10B.

 

28.  Work Order #4, as shown on page _______, to PS-561-00, Post Buckley, Schuh and Jernigan, Inc.

 

29.  First Amendment, as shown on page _______, to Work Order #1 to RFP-4109-01, Kessler Consulting, Inc.

 

30.  Appraisal Services Agreement M-326-02, as shown on page _______, with Florida Realty Analysts, Inc.

 

31.  Appraisal Services Agreement M-327-02, as shown on page _______, with Diversified Property Specialists, Inc.

 

32.  First Amendment, as shown on page _______, to Work Order #9 to PS-590-01 with Inwood Consulting Engineers.

 

33.  Work Order #3, as shown on page _______, to PS-575-00, Southeastern Surveying & Mapping.

 

34.  Recorded Water Retention Area Construction Permitting and Joint Utilization Agreement and Quit-Claim Bill of Sale For Structure, as shown on page _______, for the Florida Conference Association of Seventh Day Adventists, as approved on December 12, 2000.

 

35.  Development Orders, as shown on page _______, for the following:  Cingular Wireless, George Jakubcin, Jr.; Timothy P. McKelvey; Bobby Hurst and Hugh Cotton; and Doris Pineda and Javier Rodriguez.

 

36.  Notice, as shown on page _______, of Satisfaction of Connection Fees for Monroe Commerce Center North.

 

37.  Copy of letter to Cindy Hall, Director of Fiscal Services, from Clerk Maryanne Morse regarding proposal for a new Credit Card Payment Policy.

 

38.  Landscape and Mowing Maintenance Agreement A/B-3035-01, as shown on page _______, with Millenium Lawn Maintenance & Landscape Design.

 

39.  Maintenance Bonds, as shown on page _______, for a private road in the amount of $49,758.57, and for water and sewer in the amount of $25,966.70 for Alaqua Lakes Phase 7A.

 

40.  Maintenance Bonds, as shown on page _______, for water and sewer in the amount of $38,292.60 and for a private road in the amount of $14,951.70 for Lake Forest 10B.

 

41.  Copies of memorandums to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfers as follows:  in the amount of $50,000 for the Marty/Nancy/Cadillac Blvd. paving and drainage improvements; in the amount of $32,000 for Douglas Avenue/Markham Woods Road contract amendment; in the amount of $16,000 for CR 46A Phase II; in the amount of $175,000 for Cross Seminole Trail; and in the amount of $95,000 for Safety/RR Projects Countywide.

 

42.  Second Amendment, as shown on page _______, to Work Order #1 to PS-586-01, SCS Engineers.

 

43.  Nineteenth Amendment, as shown on page _______, to Custodial Services Agreement RFP-413-97 with A1A Cleaning Services, Inc.

 

44.  Work Order #46, as shown on page _______, to PS-543-99, Ardaman & Associates, Inc.

 

45.  Records Retention Services Agreement RFP-4143-01, as shown on page _______, Iron Mountain Information Management, Inc.

 

46.  First Amendment, as shown on page _______, to Appraisal Services Agreement M-318-02, Florida Real Estate Analysts, Inc.

 

47.  Construction Contract Agreement M-325-02, as shown on page _______, Mid-Florida Forklift, Inc.

 

48.  Work Order #8, as shown on page _______, to PS-566-00, Camp Dresser & McKee, Inc.

 

49.  Work Order #4, as shown on page _______, to PS-521-98, Camp Dresser & McKee, Inc.

 

50.  Amendment #1, as shown on page _______, to Interlocal Agreement with the University of Central Florida.

 

51.  Copy of letter to County Manager Kevin Grace from Clerk Maryanne Morse regarding negotiations of a new financial software system.

 

52.  Work Order #22, as shown on page _______, to PS-590-01, Professional Engineering Consultants, Inc.

 

53.  Performance Bond, as shown on page _______, for Nextel Communications in the amount of $15,000.

 

54.  Work Orders #2 and #3, as shown on page _______, to PS-561-00, Post, Buckley, Schuh and Jernigan, Inc.

 

55.  Work Order #7, as shown on page _______, to RFP-489-00, Pomeroy Appraisal Associates.

 

56.  Work Order #2, as shown on page _______, to RFP-4123-01, Atlas Scientific Technologies, Inc.

 

57.  Work Order #12, as shown on page _______, to RFP-471-99, The Spivey Group, Inc.

 

58.  First Amendment, as shown on page _______, to Work Order #42 to PS-543-99, Geotechnical Professional Associates, Inc.

 

59.  Work Order #3, as shown on page _______, to PS-584-01, Singhofen & Associates, Inc.

 

60.  Bids as follows:  RFP-4161-02; RFP-4162-02; RFP-4159-02; CC-1186-02; and RFP-4163-02.

 

Regular Agenda

 

     The Board considered the staff request for direction regarding billboard permits affected by the January 23, 2001 moratorium.

     Chairman McLain stated this item is being continued at the request of the property owner.  Mr. Grace stated that Bill Kirchhoff, property owner, advised he was not able to be present today.  He did not realize at the time of scheduling that he would be out of town.  He said Mr. Kirchhoff asked for a continuance to August 27, 2002.  Copy of the letter from Mr. Kirchhoff was received and filed.

 

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     Linda Eiland, Insurance, addressed the Board to request approval to award RFP-4158-02/BJC Employee Benefits as follows: (1) LTD to Reliance Standard effective 01/01/03 – 12/31/04; (2) STD and Cancer/Dread and Universal Life to GE/Professional Insurance Corporation effective 01/01/03 – 12/31/03; and (3) 5500, Cobra and Flexible Spending Account Administration to Employee Benefits Corp., effective 01/01/03 – 12/31/03; and authorize Chairman to execute the necessary documents. 

     Ms. Eiland reported on the joint meeting with staff, the life carrier, and short-term and long-term disability carrier.  She said the short-term disability carrier requested addition of the Universal Life policy to his program, because of his concern for losing business on the long term.  The life carrier had no objections; therefore, staff has included this in the recommendation. 

     Commissioner Henley expressed his concern that after they have opened the bid, they are now allowing a vendor to make available to the employees an item that was not competitively bid.  He said this could be precedent-setting.  He would like to approve everything in one motion that has been bid and then deal with the universal life separately.  Discussion ensued. 

     Andria Herr, Alliance Group Inc. Services, addressed the Board to state universal life is not currently an option for the County employees, so it was not included in the bid package that went out. 

     Commissioner Henley said he thinks it is more important to provide long-term disability to the employees than be concerned about a provider possibly losing money.  His concern is only with the process.

     Upon further discussion, Chairman McLain recommended eliminating the universal life until next year and move forward, and the Board will bid that for Year 2004.  He said he thinks it’s better to have one vendor provide the services for continuity with the employees than having two or three vendors doing enrollments, meetings, and talking to the employees.  He explained that is acceptable if the product is that much better, but if there is not much difference between the products, then you would want the same enroller.  Therefore, he recommended waiting until 2004 and evaluating the life insurance across the board and, hopefully, the vendor the County is using now will come up with a competitive product to be selected.  This way, the process would be served. 

     Ms. Herr concurred with Chairman McLain’s recommendation. 

     Chairman McLain suggested approving everything except universal life coverage.

     Motion by Commissioner Morris, seconded by Commissioner Henley, to approve award of RFP-4158-02 Employee Benefits as follows:  (1) LTD to Reliance Standard effective 1/01/03 – 12/31/04; (2) STD and Cancer/Dread to GE/Professional Insurance Corporation effective 01/01/03 – 12/31/03, excluding Universal Life; and (3) 5500, Cobra and Flexible Spending Account Administration to Employee Benefits Corp., effective 01/01/03 – 12/31/03; and authorize Chairman to execute the necessary documents, as shown on page _______.

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     Chairman McLain recessed the meeting at 10:25 a.m. and reconvened at 10:40 a.m.

     Chairman McLain asked the Board to consider at this time the requests for continuance for some other issues, Items #58, #60, and #63, on the afternoon and evening agenda.

     Mr. Grace stated the Board can do a formal continuance this afternoon for Items #58 & #60, but if it is the Board’s consensus to continue, they can let staff know this morning so the residents can be contacted.  He asked for a motion from the Board on Item #63 so the Board would not have to come this evening and the County Attorney could do so in the Board’s stead.

     The Board, by consensus, stated they would continue Items #58 and #60 as requested.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to continue to September 10, 2002, at 7:00 p.m., or as soon thereafter as possible, consideration of the Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property described as Lake Jesup Woods, located south of Myrtle Street and east of Hester Avenue; as described in the proof of publication, Hugh Harling.

     Under discussion, Commissioner Morris reminded the Board that September 10 is Election Day.  The Board briefly discussed changing the continuance to September 24, but decided not to do so.

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     DCM Sally Sherman and Betsy Cohen, Purchasing, addressed the Board to request ranking the firms for PS-5118-02/BJC – Architectural and Engineering Services for the Seminole County Convention Center; and authorize staff to negotiate the agreement with the top ranked firm or with the second firm, if negotiations with the top ranked firm fail.

     Commissioner Maloy stated he thinks the project has some flaws that will be difficult to correct.  He would hate to hire a company and not have the financing plan in place.  He asked if they were going to withhold any payments until the Board comes up with a solid plan.  Whereupon, Mr. Grace explained what the Board was going to do today is basically select a firm.  Staff plans to come back in September with a contract, an interlocal agreement with the City of Sanford and, at that time, will update the Board on the financial projections.

     Commissioner Maloy said he would like to see the County reassess what the marketplace already has.  He has some serious concerns about the feasibility of this project. 

     Commissioner Henley asked if the County would not be under contract until they settle the interlocal agreement.  Mr. Grace answered there would not be any actual commitment of dollars until after the Board approves the interlocal agreement.

     The Board voted on their number one choice, and Mr. McMillan reported the votes as follows:  Commissioners Maloy, Morris, McLain and Van Der Weide voted for Burke Bales & Mills Associates, Inc.

     Commissioner Henley voted for The Scott Partnership Architecture, Inc.

     The Board voted on their number two choice, and Mr. McMillan reported the votes as follows:  Commissioners McLain and Maloy voted for VOA Associates, Inc.; Commissioners Henley and Morris voted for The Scott Partnership Architecture, Inc.; and Commissioner Van Der Weide voted for Borrelli & Associates Architects Planners, P.A.

     As there were not three votes for any choice, the Board voted again for the number two choice, with Commissioners McLain, Maloy, and Van Der Weide voting for VOA Associates, Inc.

     Commissioners Henley and Morris voted for The Scott Partnership Architecture, Inc.

     Commissioner Henley commended staff on their efforts made in the evaluations.  He thinks they are all good firms and capable of doing the work.  He said he likes the rating service for the 29 items.  He thinks it would be well if staff incorporates some of them into the County’s evaluating efforts too.

     The Board then voted for their number three choice, and Mr. McMillan reported as follows:  Commissioners Maloy, Morris, Henley, and Van Der Weide voted for The Scott Partnership Architecture, Inc.  Commissioner McLain voted for Borrelli & Associates Architects Planners, P.A.

     Mr. McMillan stated the ranking as voted for #1 is Burke Bales & Mills Associates, Inc.; #2 is VOA Associates, Inc.; and #3 is The Scott Partnership Architecture, Inc.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the ranking of the firms as voted upon for PS-5118-02/BJC, Architectural and Engineering Services for the Seminole County Convention Center, and authorize staff to negotiate the Agreement, as shown on page _______, with the top ranked firm or with the second firm if negotiations with the top ranked firm fail.

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to select the firm of Nabors, Giblin & Nickerson, P.A. to provide Bond Counsel Services for Seminole County; and authorize the Chairman to execute the Agreement, as shown on page _______, for RFP-4163-02/BJC. 

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     Suzy Goldman, Library & Leisure Services Director, addressed the Board to request direction on the proposed project, Eugene “Stetson” Gregory Law Enforcement Memorial Park, including funding sources and the role of County staff.  She said County staff has worked with Chief Fleming, George Sellery, and Deputy Moderson of the Sheriff’s Office to determine the feasibility of the project.  She said the site is best suited for a low impact, low intensity activities during daylight hours.  She reviewed Phase 1.  She stated staff recommends a community meeting be held to discuss the conceptual design with the residents.  She advised the Sheriff’s Office has raised $67,000 cash and has commitments for donated materials and services for a value over $400,000.  She recommended $100,000 for construction contingency.  She asked for direction on how the Board would like to handle the construction management.  She proposed a team approach of the Sheriff and BCC staff from Parks leading this effort and managing the park.  She explained that any expenditure of the BCC would require sign-off of the Library and Leisure Services Director. 

     Ms. Goldman stated the land has to be turned over to the County officially.  Staff has a commitment letter from the owner.  She stated there may be a six-month time period for Phase 1. 

     Commissioner Morris commended the Sheriff’s Office and community for their efforts. 

     Commissioner Van Der Weide stated he has been briefed by the Sheriff’s Office and County staff and he thinks they have covered the bases well.  He thinks this is something they can all be proud of.  He acknowledged Deputy Moderson, who put in a tremendous amount of leg work in raising these funds. 

     Chairman McLain stated he would like to make sure the County provides whatever revenues so the Sheriff and community know the BCC is behind them and are supportive.

     Commissioner Henley stated he thinks under the circumstances, this is a very difficult piece of land to work with.  He thinks staff has done about as good as can be done with the property.  He asked where the additional parking would be located.  Whereupon, Ms. Goldman had staff to show the location on the map. 

     Upon inquiry by Commissioner Maloy, Ms. Goldman said the boardwalks would be designed so the park would be accessible during high water.

     Deputy Moderson addressed the Board briefly to explain what mobile pavilions are.  He thanked the community, Commissioners, Sheriff Eslinger, Jim Atwell, resident and donor; Debbie Smith, donor; and Immogene Yarborough, project supporter; and Linda Gregory and Scott Herlipska (phonetic) from Jacobs Engineering.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve Phase 1 recommendation by staff with the cooperative effort of management between Parks & Recreation and the Sheriff’s Office; and authorize up to $100,000 of reserve funds for the project and concurrent with this motion is approvals of all regulatory authorities in engineering and

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     Meloney Lung, Manager, addressed the Board to request direction on the disposition of the vacant land where the FPL building was located prior to demolition.

     Ms. Lung stated the building was demolished on June 13, 2002.  She reviewed the three options.

     Mr. Grace said staff doesn’t have a preference, but the County is still in need of materials storage.

     Chairman McLain said he feels comfortable with negotiating with the City.  He knows the City has now more than one quality developer interested in developing some condominiums on the lakefront.  Now that they have found out what the actual cost is, they are in a better position to negotiate a land swap. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to authorize staff to enter negotiations with the City of Sanford to exchange the vacant parcel for a lease with the Orlando-Sanford Airport Authority which would house the Public Works materials storage yard.

     Commissioner Henley asked if the site has been identified to negotiate and how many acres is it.  He said he won’t be supporting the motion due to it not being a clean exchange.  He thinks it would be in the best interest of the County to hold onto that land because it is only going to appreciate and, at some later date, they can turn it over.

     Chairman McLain said he thinks the Board will be in a better position to understand what they are dealing with once the negotiations are brought back to them.

     Commissioner Morris said the City of Sanford needs to know whether the County is entering into negotiations, and that is why he will support the motion.

     Chairman McLain stated he thinks working with the City, they will come up with a reasonable, acceptable agreement.

     Commissioner Morris said he thinks that there is also a real probability and if they don’t have a deal with Sanford, they will be back again discussing this. 

     Districts 1, 2, 3, and 5 voted AYE.

     Commissioner Henley voted NAY.

     Commissioner Maloy said he understands that a lot of the Sanford area is served by the materials storage site in Oviedo.  It would be nice to have a site closer.  He said it would be better to have a clean swap, but because of the FAA, the County is not allowed to own it.  This would improve efficiency and get trips off 419 going to Oviedo.  He said if in the meantime they find a better deal, he hopes the staff will bring that to the Board.

     Under further discussion, Mr. Grace said he will clarify in the negotiations for a lease of more than 20 years.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the automatic extension on the existing agreement with Shutts and Bowen for legislative services with Brantley and Associates.

     Districts 1, 2, 3, 4, and 5 voted AYE.

     Commissioner Morris commended Mr. Brantley for doing a good job for the County.  Mr. Brantley thanked the Board very much. 

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     Deborah Leigh, Code Enforcement, requested Board action regarding Code Enforcement Board lien; property located on Hughey Street, Lots 1, 2 and 3, Lockharts Subdivision, Sanford; Dorothy A. Wilder, Respondent, Charlie & Annie Collier and James Alexander Jr., owners. 

     Ms. Leigh recommended Option B for approval to reduce the lien to the amount of $1,050. 

     Al Cummings, representing Ms. Wilder, addressed the Board state he has a letter (received and filed) giving him power of attorney to represent Ms. Wilder.  He explained he has not met Ms. Wilder personally but was trying to help the respondents through this situation.  He gave the details of the case.  He stated Ms. Wilder was not aware that after having first had the property cleaned that she had to go back and contact the County to know that the property was in compliance.  He said Ms. Wilder lives in Tampa and her husband has Alzheimer’s.  Mr. Cummings said he asked why would the County allow the lien to accumulate to $136,000 with the value of the property only around $12,000. He stated staff explained they don’t have the manpower to go check to make sure everyone is in compliance, but that is up to the taxpayer and owner to do so.  He said Ms. Wilder admits she was negligent with that, but after having cleaned the property, she felt she was in compliance.  Mr. Cummings asked the County to rescind the entire amount of the lien.

     Upon inquiry by Commissioner Morris, Mr. Cummings advised that the Colliers bought the property without doing a title search and did not know there was a lien on it.  Whereupon, Commissioner Morris stated the respondent and owners had a protracted period of time; it took over six years.

     Chairman McLain stated he thinks if the Board goes with the staff recommendation, that is more than lenient.

     Motion by Commissioner Morris, seconded by Commissioner Henley, to approve the staff recommendation for Option B, approving a reduction of the Code Enforcement Board lien to the amount of $1,050 for Case Number 94-46-CEB on the property located on Hughey Street, Lots 1, 2 & 3, Block 1, First Addition to Lockharts Subdivision; and upon payment in full, authorize the Chairman to execute the Satisfaction of lien, as shown on page _______.

     Districts 1, 2, 3, 4, and 5 voted AYE.

County Manager’s Briefing

     Cindy Hall, Fiscal Services Director, addressed the Board to request direction regarding the tax rate for the Communications Services Tax.   

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve Option II, reducing the tax rate to 5%, to equal the previous cable TV utility rate.

     Under discussion, Commissioner Maloy stated he would prefer to go back to a hold harmless rate and make it a revenue mutual tax.  He thinks going down to 5% is peanuts.

     Districts 3, 4, and 5 voted AYE.

     Commissioners Maloy and Morris voted NAY.

     Commissioner Morris said he prefers Option III.  He said the Board needs to understand that the State mandated this proposal. 

     Chairman McLain said he would like to see the Board revisit this as an ad valorem cut.  He would like them to look at ad valorem next summer when they have the two-year budget and take this into consideration.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to authorize staff to advertise and schedule a public hearing on August 27, 2002, to consider the change in the Communications Services tax rate.

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     Alice Gilmartin, Planning, addressed the Board to provide information evaluating the need for regulating newsracks and receive direction relative to its implementation.

     Commissioner Maloy recommended moving forward with some reasonable regulations.   He said he is not interested in going on private property. 

     Ms. Gilmartin showed a slide of a proposed newsrack.

     Commissioner Morris asked if the Land Development Code can deal with the issue of private property.  He said the Board doesn’t have to allow these to go anywhere in the right-of-way. 

     Motion by Commissioner Maloy, seconded by Commissioner Morris, to direct staff to come back with a recommendation for the following criteria as given in the staff report:  (1) The number of boxes grouped together; (2) Shape, size, color and design; (3) Placement and location.  Should they be allowed within the road right-of-way, only on private property, within the confines of the store front or prohibited in certain locations?; (4) Distance between newsracks; (5) Type of material placed in the newsracks such as adult entertainment related material; and (6) Maintenance and installation.

     Under discussion, Commissioner Morris asked that the distance between racks reflect comments by Commissioner Maloy and the BCC’s discussion.  He said to look at specific locations rather than distances between them.

     Districts 1, 2, 3, 4, and 5 voted AYE.

     Ms. Gilmartin showed the Board a slide of what the newsracks are beginning to look like, noting that they are very high tech.  She advised the current contract does not address newsracks.

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     The Board recessed the meeting at 11:43 a.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioner Van Der Weide entering late) and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

 

PROOFS OF PUBLICATION

 

     Motion by Commissioner Henley, seconded by Commissioner Morris to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings. 

     Districts 1, 2, 4 and 5 voted AYE. 

     Commissioner Van Der Weide entered the meeting at this time. 

APPEAL AGAINST THE BOA,

NORA N. MARTINEZ, CONTINUED

 

     Continuation of a public hearing to consider an Appeal against the Board of Adjustment in denying request for a lot size variance from 11,700 square feet to 7,020 square feet and lot width variance from 90 feet to 65 feet for property located at 1135 Virginia Avenue, on the east side of Virginia Avenue, approximately 680 feet south of North Street, west of Palm Springs Drive, as described in the proof of publication, Nora N. Martinez. 

     Planning Manager, Matt West, addressed the Board to advise the applicant has requested another continuance. 

     County Manager, Kevin Grace, advised that last Tuesday correspondence from Ms. Martinez’s attorney was received submitting a public records request.  He said the staff was unable to provide that information by Friday and so they are requesting a continuance. 

     Planning & Development Director, Don Fisher, addressed the Board to state he spoke with Ms. Martinez’s counsel advising him that the Board had indicated they would be continuing this item.  Therefore, he said he would not be in attendance at this afternoon’s meeting. 

     District Commissioner Henley stated he feels this item needs to be continued.  He said he does not believe the applicant is receiving any special consideration and feels it is important to honor the request to continue. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to continue until September 10, 2002 at 1:30 p.m., or as soon thereafter as possible, consideration of Appeal against the Board of Adjustment in denying request for a lot size variance from 11,700 square feet to 7,020 square feet and lot width variance from 90 feet to 65 feet for property located at 1135 Virginia Avenue, on the east side of Virginia Avenue, approximately 680 feet south of North Street, west of Palm Springs Drive, as described in the proof of publication, Nora N. Martinez. 

     Under discussion and upon inquiry by Commissioner Morris, Mr. Fisher advised the public records request is asking for the history of variances granted in the past. 

     Bernard & Nancy Huguenot, 1138 Virginia Avenue, addressed the Board to state the applicant was given a continuance the last time because she was not prepared and now she is requesting another one.  They feel the applicant has had plenty of time to prepare her case. 

     Miriam Oestricher, 1131 Virginia Avenue, addressed the Board to speak against the continuance. 

     Commissioner Morris explained the applicant is now being represented by counsel and the Board wants to make sure she has a fair hearing. 

     Jose Santiago, 1133 Virginia Avenue, addressed the Board to state he understands that everyone is entitled to a fair hearing; but this is a case of a person wanting to do something that is completely out of range. 

     Chairman McLain read written comments from Jean Long and Barbara Younker in opposition to the continuance. 

     Gino Ratti, 1140 Virginia Avenue, addressed the Board to complain that he lives only 70 feet away from the property in question and he was not notified of any of the hearings.  He also stated that he has requested a copy of the zoning regulations and never received it. 

     Mr. Fisher advised that staff is only required to notify the adjacent property owners on variances and he said he will make sure Mr. Ratti receives the information he is requesting. 

     Commissioner Maloy stated even though the Board has historically granted continuances for the first and second times, they have stated that they are not usually interested in continuing hearings more than that. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

REQUEST TO VACATE & ABANDON,

KENNETH W. WRIGHT/COLONIAL REALTY LTD.

 

     Proof of publication, as shown on page _______, requesting a vacate and abandonment of the Plat of Island Lake Park located within the property that comprises Phase II of the Colonial Grande Apartments; approximately half-way between Lake Mary Boulevard and CR 46A on the west side of the Heathrow International Business Center, Kenneth W. Wright, representing Colonial Realty Limited Partnership, received and filed. 

     Shannon Suffron, Development Review, addressed the Board to present the request, advising staff recommends approval of the vacate.  She stated the plat is located within property that comprises Phase II of the Colonial Grande Apartments.  The Colonial Grande Apartment Complex is located approximately halfway between Lake Mary Boulevard and CR 46A on the west side of the Heathrow International Business Center.  The Island Lake Park plat was originally recorded in 1955 and consists of 8 lots and a remnant unimproved right-of-way named Island Lake Drive.  The plat consists of one home, which will be demolished with the construction of Phase II.  The plat is no longer necessary since the ownership of the property encompassing the plat has been incorporated into the ownership of the apartment project. 

     Attorney Meredith Harper, representing the applicant, addressed the Board to state she has noticed that there are residents in the audience and she believes their concern is dealing with the well site and the gate along the south end, which was discussed at the last meeting.  She said she has been working with staff and it appears they have come up with justification for the gate; however, that will be brought back before the Board at a later date. 

     Cindy Crain, 820 Banana Lake Road, addressed the Board to read into the Record a letter (copy was received & filed) from her in opposition to the well site in the buffer and retention pond area on the north side of Phase II.  She stated that she has consulted a Geotechnical Engineer with Universal Engineering Sciences and he has advised against the proposed well.  She said she has also talked to the St. Johns River Water Management District and they have indicated that the proposed well would be a serious drain on the available water and sinkholes could occur. 

     Dennis Westrick, Engineering Division Manager of Environmental Services, addressed the Board to advise the department has been looking to obtain a well site as part of the Colonial Grand development.  He said currently the property in question is only a proposed site and there is no guarantee that a well will be drilled on the site.  He explained that initially a test well will be drilled and the data will be evaluated.  The well will be 12 to 16 inches in diameter and 500 feet deep.  He added that it would have to be permitted through St. Johns River Water Management District, which provides for a hearing and the County, proving through testing, that hydraulically the well will have no impact on the adjacent area. 

     The Chairman stated this public hearing does not have anything to do with the gate or well site; it is consideration of vacating a plat.  He said that it is clear the residents are concerned with the possible well site and staff needs to keep them in the loop as far as any process in moving forward with the site.  He requested the residents be notified if the County files for any application for the well. 

     Ms. Crain stated her contention is that if the well is not at that site, the gate is not needed. 

     Wendell Springfield, 770 Banana Lake Road, addressed the Board to submit for the Record a letter from him in opposition to the installation of the gate proposed in the wall separating property owners on Banana Lake Road from Colonial Grande Apartments. 

     Elissa Mackintosh, 864 Banana Lake Road, addressed the Board to state she has lived on Banana Lake Road since 1999 and since that time there have been endless issues of development in the area.  She said they were told that there would be a solid wall in order to maintain the character of the road.  She added that she would like to be kept in the loop. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2002-R-129, as shown on page _______, vacating the plat of Island Lake Park located within the property that comprises Phase II of the Colonial Grande Apartments; approximately half-way between Lake Mary Boulevard and CR 46A on the west side of the Heathrow International Business Center, as described in the proof of publication, Kenneth W. Wright, representing Colonial Realty Limited Partnership. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

LARGE SCALE LAND USE AMENDMENT &

REZONING FROM A-1 TO PUD, HUGH HARLING

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a large scale land use amendment from Industrial to Higher Intensity Planned Development and rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for Loma Vista PUD, located on the west side of Aloma Avenue and east of the Greeneway, Hugh Harling, received and filed. 

     District Commissioner Maloy stated he is requesting a continuance and he has received a letter from Mr. Harling agreeing to a September 10 date. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue until September 10, 2002 at 1:30 p.m., or as soon thereafter as possible, consideration of a large scale land use amendment from Industrial to Higher Intensity Planned Development and rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for Loma Vista PUD, located on the west side of Aloma Avenue and east of the Greeneway, as described in the proof of publication, Hugh Harling. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

TEXT AMENDMENT TO THE FUTURE LAND

USE ELEMENT OF VISION 2020

 

     Proof of publication, as shown on page ________, calling for a publication to consider a Text Amendment to the Future Land Use Element of Vision 2020 to add a policy to allow the Planning & Development Director to approve administrative waivers to lot size and width, under special circumstances, in the RC-1, A-1, A-3, A-5, and A-10 Zoning Districts, received and filed. 

     Planner, Cindy Matheny, addressed the Board to advise the administrative waivers will not apply to properties within the Wekiva River Protection Area.  She stated that the DCA voiced no objections or concern with regard to this amendment.  She added staff recommends approval. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt the proposed Text Amendment to allow the Planning & Development Director to approve administrative waivers to lot size and width, under special circumstances, in the RC-1, A-1, A-3, A-5 and A-10 Zoning Districts, as described in the proof of publication. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

ORDINANCE AMENDING ROAD

IMPACT FEE ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance Amending the Road Impact Fee Chapter 120 of the Land Development Code, received and filed. 

     Pam Hastings, Public Works Administration, addressed the Board to present the request. 

     Upon inquiry by Commissioner Henley, Ms. Hastings advised she believes that staff recommendation to extend the date to 2005 for the northern quadrant collector road is sound. 

     Commissioner Morris stated he has been contacted by several members of the development community who have asked the sunset date be continued.  He stated that the City of Lake Mary is doing a new downtown plan and rerouting the traffic could involve heavy expenditures.  He said traffic signalization and sidewalks are not included in this. 

     County Engineer, Jerry McCollum, addressed the Board to advise the signalization and sidewalks should be covered in the second generation assessment.  He clarified that if a road is being upgraded, those things would not be included. 

     Upon inquiry by Commissioner Henley, Mr. McMillan advised if the 2005 date is too far and there is no justification for it, the Board can come back and end it early. 

     Chairman McLain stated he believes the prudent thing to do is to move forward with the amendment and if the Board needs to sunset it earlier, they can come back to do so. 

     Commissioner Henley stated he would support the Chairman, but would want staff to continue to monitor this to see if it needs to be ended earlier. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize extending the North Collector sunset date from December 31, 2002 to December 31, 2005; and to direct that the application of funds may be used from the discretionary fund for things such as sidewalks and traffic signalization, for those projects not currently contemplated. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2002-31, as shown on page _______, as amended, regarding the Road Impact Fee Chapter 120 of the Land Development Code, including the establishment of the future sunset dates:  Arterial (Countywide) - 12/31/2021, West Collector - 12/31/2021, South Collector  - 12/31/2021, East Collector - 12/31/2007, and North Collector - 12/31/2005; and to direct that an annual review be done by the staff. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the Planning & Development staff to develop and bring back for Board approval by March 1, 2003, a public involvement plan for the upcoming Evaluation & Appraisal Report process.  This plan will provide for community and agency input to area land use evaluations as well as future road and other infrastructure improvement needs. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to direct the Public Works and Planning & Development staff to establish work programs, which assure that updates to the Use of Road Impact Fees Study and Staff Finding are presented to the Planning & Zoning and County Commissioners at least every three years. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

CHAIRMAN’S REPORT

     No Report. 

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint Kyle Considder to the Disability Advisory Board. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Commissioner Maloy discussed the possibility of closing off Citrus Road to vehicular traffic for everything except utilities. 

     Commissioner Morris suggested holding a community meeting. 

     Mr. McCollum stated staff will be coming back to the Board at their August 27 meeting with a purchase agreement for same. 

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            Commissioner Maloy requested the Board send a letter to the Bureau of Justice Assistance in support of granting death benefits to the family of Oviedo Firefighter Shane Kelley who lost his life assisting victims of a car crash while off-duty. 

     The Board, by unanimous consensus, directed the County Manager to prepare the letter as requested by Commissioner Maloy and that same will be signed by all Commissioners. 

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     Commissioner Maloy advised that on Friday he will be attending the Florida Hospital Administrative Hearing in Tallahassee in support of a hospital in Oviedo. 

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     Commissioner Maloy advised that next week LYNX will be holding a workshop and he will report back to the Board with regard to same. 

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     Commissioner Morris advised the Chamber is going to give a Life Achievement Award to Ronald Pizzuti. 

     The Chairman suggested the Board have a resolution prepared commending Mr. Pizzuti, with the resolution to be signed by the entire Board. 

     The Board voiced no objections to the Chairman’s suggestion. 

COMMITTEE REPORTS

     No report. 

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were “received and filed”:

 1.  Letter dated July 26, 2002 from Diane Pickett Culpepper, Time Warner Cable to Chairman and Board RE:  Correction to previous letter regarding Cable Franchise Transfer Application.  (cc:   Board, County Mgr., Deputy County Mgrs., Cable Franchise Coordinator)

 

 2.  Letter dated July 25, 2002 from Ray Valdes, Tax Collector to Chairman RE:  2002/03 Budget for the Tax Collector.  (cc:  Board, County Mgr., Deputy County Mgrs., Fiscal Services Director)

 

 3.  Letter from Amy Tuck Whitman, Florida Department of State to Chairman RE:  Memorandum of Agreement for voting systems assistance.  (cc:  Submissions, Supervisor of Elections)

 

 4.  Letter dated July 22, 2002 from Geraldine Zambri, City of Longwood Clerk to Chief Administrative Officer RE:  annexation of 65 acres at 605 Highland Street, Longwood.  (cc:  Board, County Mgr., Deputy Co. Mgrs., Planning, Supervisor of Elections, Property Appraiser).

 

 5.  Letter dated July 18, 2002 from Glenda Hood, Mayor, City of Orlando to Chairman RE:  Florida Domestic Security Oversight Board.  (cc:  Board, County Mgr. for reply, Deputy Co. Mgrs.)

 

 6.  Letter dated July 22, 2002 from Brandi Langford, Office of the Governor to Board RE:  introduction of new internal affairs director.  (cc:  Board, County Mgr., Deputy County Mgrs.)

 

 7.  Letter dated July 19, 2002 from Diane Pickett Culpepper to Chairman and Board RE:  transfer of cable franchise to TWEAN Subsidiary.  (cc:  Board, County Mgr., Deputy County Mgr., Attachments to Matt Chesler)

 

 8.  Letter dated July 19, 2002 from Rachel Carnicelli, Deputy Clerk City of Sanford to Board RE:  public hearing to consider annexation requests.  (cc:  Board, County Mgr., Deputy County Mgrs., Planning)

 

 9.  Copy of letter dated August 1, 2002 from Joe Gasparini, Parks & Recreation Manager to Diane Rozek RE:  appreciation for recent donation.  (cc:   Board, Library & Leisure Services Director)

 

10.  Copy of Memorandum to Sandy McCann, County Commission Records from Becky Noggle, Environmental Services RE:  Submissions into County Records.  (cc:   Board, County Mgr., Deputy County Mgr.)

 

11.  Copy of letter dated July 29, 2002 to Mike Hattaway, Board of Adjustment from Stewart Fritz, Tanglewood Area Civic Association President RE:  Time Warner Communications Withdrawal of Special Exception Application.  (cc:  Board, Board of Adjustment, Planning, Development Review, County Attorney)

 

12.  Copy of Memorandum dated July 23, 2002 from Margot Knight, United Arts President & CEO to United Arts Board of Directors and Board of Trustees RE:  United Arts versus McMenemy update and other unrelated information.  (cc:  Board, County Mgr., Deputy County Mgrs.)

 

13.  Contract for Services, as shown on page _______, between Seminole County and Evan L. Starcher for scorekeeper and Charles D. Gaussiran for tennis instruction.

 

14.  Copy of letter dated August 8, 2002 to Mr. Wendell McKinnon, MetroPlan Orlando from Mayor/Commissioner Bruce Pronovost, City of Casselberry RE:  Rail System Northern Alignment.  (cc:  Board, County Manager, Deputy County Managers, Planning)

 

15.  Letter dated August 2, 2002 from H. Johannes Galley, Esq., Center for Community Interest to Chairman RE:  Internet Pornography in Public Libraries.  (cc:   Board, County Manager, Deputy County Managers, Library & Leisure Services for response.)

 

16.  Letter dated August 8, 2002 from Mayor Russ Hauck, LYNX Board of Directors Chairman to Chairman RE:  “Try Transit Week” resolution.  (cc:  Board, County Manager for response, Deputy County Managers)

17.  Letter dated August 9, 2002 from Tim Hickman, President, Seminole Professional Fire Fighters Local 3254 to Chairman RE:  upcoming negotiations and contract.  (cc:  Board, County Manager, Deputy County Managers)

 

18.  Copy of letter dated August 8, 2002 to Mr. & Mrs. Cornett from Terry Schenk, Fire Chief RE:  appreciation of firefighters/paramedics at accident scene.  (cc:   Board, County Manager, Deputy County Managers)

 

19.  Memorandum dated August 9, 2002 from Fran Sullivan, Tourism to Annette Hatch, Board of County Commission Office RE:   Approved Minutes of the July 2002 Tourist Development Council Meeting.

 

20.  Copy of letters of appreciation dated August 5, 2002 from Kenneth M. Roberts, Public Safety Director to Charles Bilz, Delores Deane, Audrey Buchanan and Cornelia Dietzel for recent donations to Animal Services.

 

21.  Copy of Memorandum dated August 9, 2002 from Becky Noggle, Environmental Services to Sandy McCann, Commission Records Office RE:  Submissions into County Records.  (cc:   Board, County Manager, Environmental Services Director)

 

22.  Copy of letter dated July 25, 2002 from Dale & Elizabeth Wesson to Commissioners Henley and McLain and Board of Adjustment Members RE:  Time Warner Special Exception opposition.

 

23.  Emails to the Board RE:  Proposed Zoning Change – Wekiva Springs Road.  (cc:  Planning & Development Director, Planning Manager)

 

24.  Letter dated August 6, 2002 from Teena Jenkins, Osceola County Deputy Clerk transmitting copy of adopted Resolution in support of the State of Florida Department of Agriculture efforts to eradicate citrus canker.  (cc:  Board, County Manager)

 

25.  Memorandum dated August 6, 2002 to Board from Tony Matthews, Planning Division RE:  Riverwind’s new parking facility.  (cc:  County Manager, Deputy County Managers, Planning & Development Director)

 

26.  Copy of letter dated August 9, 2002 to Kevin Grace, County Manager from Nelson Cambata, President, Cambata Aviation International RE:  expansion of Cambata Aviation at Orlando Sanford Airport and request for deferment of impact fees.  (cc:  Board, Deputy County Managers, Economic Development Director, Planning & Development Director for response)

 

COUNTY MANAGER’S REPORT

     No report. 

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     The Chairman recessed the meeting at 2:36 p.m., reconvening at 7:00 p.m., this same date, with Deputy County Attorney Stephen Lee and Deputy Clerk Eva Roach being present.

COMPREHENSIVE PLAN AMENDMENT/

REZONE/Hugh Harling

     Proof of publication, as shown on page _______, calling for a public hearing to consider Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property described as Lake Jesup Woods, located south of Myrtle Street and east of Hester Avenue, Hugh Harling, received and filed.

     Stephen Lee stated this is the regular required meeting of the Board of County Commissioners and due to a lack of a quorum for this evening, the only item scheduled has been continued to September 10, 2002 at 7:00 p.m.

Mr. Lee adjourned the meeting at 7:01 p.m.

 

ATTEST:______________________Clerk_____________________Chairman

cc/slm/er