BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

August 8, 2000

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, August 8, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Pastor Stephen Binkley, Grace United Methodist Church, gave the Invocation.

Kevin Grace, County Manager, led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

No Report.

COUNTY ATTORNEY’S REPORT

CONSENT AGENDA

Robert McMillan, County Attorney, addressed the Board to advise of an add-on requesting authorization to file a nuisance suit against Sassy Merlot’s.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to authorize and approve the following:

Litigation

1. Approve proposed settlement relating to Parcel Number 209, located on the west side of Howell Branch Road, Casselberry, of the Howell Branch Road Phase I road

improvement project in the amount of $48,000.00, exclusive of attorney’s fees and costs, Florida Power Corporation property.

2. Authorize County Attorney to file a nuisance lawsuit against Sassy Merlot’s, under Section 60.05, Florida Statutes.

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

COUNTY ATTORNEY’S BRIEFING

Stephen Lee, Assistant County Attorney, addressed the Board to review the proposed Lobbying Ordinance relative to lobbyist registration and lobbying by former employers. He advised that of the 20 counties responding to the survey, eight have adopted registration ordinances.

Mr. Lee reviewed the Definitions and Registration Requirements of the proposed ordinance. He advised each lobbyist shall pay a $10.00 per year registration fee, which will cover all principals. He stated the County Manager would maintain a log of lobbying contacts. A requirement for lobbying expenditures must be reported.

Mr. Lee explained for Commissioner Maloy what the requirements are for reporting expenditures. Discussion ensued.

Mr. Lee continued by reviewing the provision of creating an enforcement board and the prohibition of lobbying by a former county officer or an employee.

Upon inquiry by Chairman Henley, Mr. McMillan explained the definition of an employee.

Commissioner McLain stated he would like to see other county ordinances to see how they are similar and not similar to this ordinance.

At the request of Commissioner Van Der Weide, Mr. McMillan explained the process that will be followed. He stated the Board will have a public hearing to adopt the ordinance and almost all of the issues discussed today can be modified. He added the Board may want to schedule a work session before it is advertised.

Commissioner McLain stated he feels the County Attorney’s office needs to gather all the other information first for the Board to review.

Commissioner Morris stated the one concern he has is whether the Board senses that there is a need to do this. The County can pass all the laws they want, but it doesn’t mean that you will get better government.

Mr. McMillan stated his office can review other ordinances to see how they deal with enforcement issues. Whereupon, Commissioner McLain stated that is an issue he would like to see.

Commissioner Maloy stated he feels that disclosure is an important issue and this ordinance covers a lot of good issues. He recommended bringing this item back in two weeks to allow the County Attorney’s office time to bring back any modifications. He said at that time, the Board can decide whether they want to move forward with it.

Chairman Henley stated he believes there is consensus from the Board to move forward on this issue and to discuss it in two weeks during another briefing.

Mr. McMillan stated his office may need more than two weeks to get all the information they need.

Chairman Henley stated the County Manager will schedule a briefing on this issue after the County Attorney has gathered all of their information and as long as it is within a reasonable amount of time.

COUNTY MANAGER’S REPORT

CONSENT AGENDA

Chairman Henley informed the Board of a typo on Item #15, Approve Amendment #1 to Work Order #3 to PS-516-98. He indicated that the work order is extended for five years and that should read 2003, not 2005.

Chairman Henley requested that Item #17 be pulled for a separate vote.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize and approve the following:

Environmental Services

Business Office

3. Approve Release of Sewer Capacity, as shown on page _________, (3,850 gallons) between Seminole County and the City of Lake Mary for the project known as AIG at Century Point.

4. Authorize release of Maintenance Agreement and Irrevocable Letter of Credit #FGAC-97112 (Fidelity Guaranty and Acceptance Corp.) in the amount of $14,821.41 for water and sewer for the Chapman Lakes-Phase I project.

5. Authorize release of Maintenance Agreement and Irrevocable Letter of Credit #FGAC-98043 (Fidelity Guaranty and Acceptance Corp.) in the amount of $5,968.49 for water and sewer for the Chapman Lakes-Phase II project.

Fiscal Services

Budget

6. BCR #00/146 - $40,000 – Judicial – Circuit: Fund 00100 – General Fund. Transfer is requested to provide funds for psychiatric exams and testimony in determining incompetence due to unexpected increase in the number of cases filed this fiscal year.

7. BCR #00/147 – Capital Redesignation – Public Safety – Emergency Management: Fund 11908 – Disaster Preparedness. Staff requests capital designation to accommodate the purchase of a storage cabinet ($960) and the purchase and installation of video conferencing equipment for the Emergency Operations Center ($37,806).

8. BCR #00/148 - $7,500 –Administrative Services – Support Services: Fund 00100 – General Fund. Transfer is requested to replace two walk-through metal detectors. Items were budgeted in the repair and maintenance line, but are actually capital outlay.

9. Budget Amendment Resolution #2000-R-167, as shown on page __________, $70,000 – Public Works: Fund #11500 – Infrastructure Surtax Fund. Based on an Agreement between Seminole County and Orlando Lake Forest, Inc., approved by the County Commissioners on July 25, 2000, Lake Forest, Inc. has agreed to provide $70,000 to fully fund the installation of a traffic signal on SR46, to be managed by Seminole County through the County’s existing continuing construction contract.

10. Request authorization to schedule and advertise a public hearing on September 13, 2000 for the purpose of adopting the non-ad valorem assessment roll.

Purchasing

11. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _________, for FC-164-99/BJC – Consumers Water Treatment Plant Interim Treatment Wells 6 & 8, with Wharton-Smith, Inc., Lake Monroe.

12. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _________, for FC-192-99/BJC – Lake Mills Road Project, with Ranger Construction Industries, Inc., South Daytona.

13. Approve ranking list for PS-570-00/BJC – Engineering Services for the Consumers/Lake Hayes Water Transmission Main, authorize negotiations and award an Agreement, as shown on page _________, to Inwood Consulting Engineers, Orlando (Not-to-Exceed $750,000.00).

14. Approve Amendment #4, as shown on page _________, to PS-502-97/BJC – Engineering Services for the Active Landfill Gas Collection and Control System Agreement, with Waste Energy Technology, LLC, Fort Walton Beach ($58,755.00).

15. Approve Amendment #1, as shown on page _________, to Work Order #3 - PS-516-98/BJC – Engineering Consulting Services for Lake Hayes Water Treatment Plant 2000 Improvements, with CPH Engineers, Inc., Sanford ($53,782.50) and waive the Purchasing Code 220.63 – Process C requirement.

16. Approve First Renewal for PS-539-99/BJC – Engineering Services for new Water Main Extension on International Parkway & Lake Mary Boulevard and New Water Main Extension on Bear Gully Road with CPH Engineering, Inc., Sanford (Not-to-Exceed $52,719.00) (August 24, 2000 through August 23, 2001).

18. Approve First Renewal to RFP-469-99/BJC – Sludge Hauling Agreement with T. Wayne Hill Trucking, Inc., Hanes City (September 3, 2000 through July 19, 2001) (Not to Exceed $316,000.00/year).

19. Approve First Renewal for RFP-471-99/BJC – Eminent Domain and Litigation Support Services - Real Estate Appraisal, to Appraisal Group of Central Florida, Inc., Winter Park; Diversified Property Specialists, Inc., DeBary; Hasting and Spivey, Inc., Orlando; and Pomeroy Appraisal Associates of Florida, Inc., Edgewater, and Eminent Domain and Litigation Support Services - Business Damage Experts, to Grau & Company, P.A., Boca Raton; Laura J. Tindall & Company, Inc., Royal Palm Beach; and Richard B. Davis, P.A., Lakeland (Not-to-exceed $350,000.00).

20. Award M-173-00/BJC, as shown on page _________, Paola Water Treatment Plant Well Construction and Testing, to Drilling Services, Inc., Vero Beach ($144,464.00).

Information Technologies

Telecommunications

21. Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement (FOCN), as shown on page _________.

Library & Leisure Services

Library Services

22. Approve and authorize Chairman to execute Library Services and Technology Act (LSTA) Grant Award, as shown on page _________.

Planning & Development

Administration

23. Approve and authorize the Chairman to execute a Satisfaction of Mortgage, as shown on page __________, for Wilfredo R. & Mercedes De Los Rios in the amount of $3,500 for down payment assistance under the SHIP Program Ownership Assistance Program.

Development Review

24. Approve refund of County transportation impact fees in the amount of $11,410.04 for Alafaya Point, Inc.

Public Works

Engineering

25. Adopt appropriate Resolution #2000-R-168, as shown on page __________, and authorize Chairman to execute a Local Agency Program Agreement, as shown on page _________, with the Florida Department of Transportation to construct the Seminole Wekiva Trail, Phase II/Section 2 (Sequence 01) from State Road 434 to Lake Mary Boulevard.

Traffic Engineering

26. Approve and authorize Chairman to execute the Amendment No. 1, as shown on page ________, to the Traffic Signal Installation Agreement between The Forest Club, Inc. and Seminole County.

Tourism Development

27. Approve and authorize Chairman to execute X-treme Challenge Adventure Race Agreement, as shown on page _________, between Seminole County and Allen Enterprises of Central Florida, Inc. ($5,000).

Community Services

Community Assistance

27A. Approve and authorize Chairman to execute 2000/2001 Community Services Block Grant Application, as shown on page _________, of $170,736 and related documents pending DCA acceptance of proposed modifications to contract by County Attorney's Office; and approve required 2% Cash Match of $3,415.

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

-------

17. Request to Award RFP-484-00/BJC, Consulting Services related to Management of the Seminole County’s Road, Stormwater and Traffic Facility Systems, to Lorick Associates Consulting, Inc., El Segundo, California (Not to exceed $166,000). presented.

Chairman Henley stated he has met with staff on this issue and he has not reached a comfortable level that he can support this request.

Jim Marino, Deputy County Manager, addressed the Board to explain for Commissioner McLain why he felt it was important to provide quality and improved service to the citizens of Seminole County.

Motion by Commissioner McLain, seconded by Commissioner Morris to Award RFP-484-00/BJC, as shown on page ________, Consulting Services related to Management of the Seminole County’s Road, Stormwater and Traffic Facility Systems, to Lorick Associates Consulting, Inc., El Segundo, California (Not to exceed $166,000).

Under discussion and upon inquiry by Commissioner Morris, Chairman Henley advised he has discussed this issue with staff but he is uncomfortable supporting this item. He stated the problem he has is the amount of time indicated for the project and a great deal of the data base is going to be based on estimates and not actual counts. If the County wants to do an inventory then they should hire someone to do just that. He stated he doesn’t want the County to get into something that will have a significant impact on their budget.

Upon inquiry by Commissioner Morris, Mr. Marino advised the County does not have a management system that works and they are not where they need to be in the 21st century.

Commissioner McLain stated he feels the right thing to do is look at what they have done and why they have done it wrong and see how they can make it a better system. Discussion ensued.

Districts 2, 3, and 5 voted AYE.

Commissioner Maloy and Henley voted NAY.

REGULAR AGENDA

Cindy Coto, Deputy County Manager, addressed the Board to present request to approve and authorize Chairman to execute Attachment "C" Restrictive Covenants" in support of the Central Florida Zoological Society’s grant award from the Department of State, Division of Cultural Affairs, for the purposes of capital improvements on the site.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize Chairman to execute Attachment "C" Restrictive Covenants", as shown on page ________, in support of the Central Florida Zoological Society’s grant award from the Department of State, Division of Cultural Affairs, for the purposes of capital improvements on the site.

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

-------

Robert Adolphe, Environmental Services Director, and David Gregory, Solid Waste Manager, addressed the Board to present request for Board direction concerning policy accepting out-of-county waste at the Osceola Road Landfill.

Upon inquiry by Commissioner Maloy, Mr. Gregory advised approximately 100,000 tons a year will come from Osceola County and 150,000 tons will come from Marion County.

Commissioner McLain stated the Board discussed this issue several years ago and he feels that this will cause problems with more garbage trucks and complaints of garbage along the road. He said the tipping fees have been lowered and he feels it is a mistake to import garbage at the expense of the rural areas by bringing in more traffic to their areas. The County needs to protect that asset for the community for many decades to come.

Commissioner Morris stated he feels it would be appropriate to decline this request.

Motion by Commissioner McLain, seconded by Commissioner Morris to deny the request to accept out-of-county waste at the Osceola Road landfill.

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

Commissioner McLain left the meeting at this time.

-------

Matthew West, Principal Planner, addressed the Board to present request to approve the revised site plan subject to conditions contained in Development Order #90-0455, deleting the requirement for a cross-access easement adjacent to the north property line for Bishop & Bertot Dental Office; property located on the east side of Maitland Avenue just north of Oak Lane, John Reynolds.

District Commissioner Henley stated he is in support of the request.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the revised site plan subject to conditions contained in Development Order #90-0455, deleting the requirement for a cross-access easement adjacent to the north property line for Bishop & Bertot Dental Office; property located on the east side of Maitland Avenue just north of Oak Lane, John Reynolds.

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

Chairman Henley recessed the meeting at 10:34 a.m., reconvening at 10:44 a.m., with all Board members being present.

-------

Chairman Henley stated the applicant, Kenneth Wright, has requested that his item, Substantial Deviation to Heathrow International Business Center DRI, for this evening be continued to August 22, 2000. He advised that staff needs to notify all interested parties of his request.

Commissioner McLain stated he believes he originally suggested continuing this item for the evening meeting of 8/22/00.

Chairman Henley stated there are no other items on the agenda this evening and he asked Commissioner McLain if he is suggesting that the County Attorney be in attendance this evening to reconvene the meeting.

Commissioner McLain advised he will leave that up to the discretion of the Chairman.

COUNTY MANAGER’S BRIEFING

Mr. Grace stated staff has briefed each Board member on the proposed FY 2000/2001 Budget and he has submitted a list (received and filed) of proposed adjustments, changes and corrections to the budget. He stated he is asking direction from the Board whether to include these changes into the proposed budget for the September public hearings.

Commissioner Morris stated one issue he has concerns with is an additional position (Probate Guardianship Coordinator) for the Judicial system. He stated he believes staff needs to contact the Administrative Judge to see if that coordinator will have other functions or other roles that need to be filled. He said he is suggesting that the County Manager send a request for justification of what the difference is between this year and last year.

Chairman Henley stated he would recommend obtaining the job description as well.

The Board voiced no objection to Commissioner Morris’ suggestion.

Commissioner Maloy stated he would like that the budget amount for Seminole Vision be put on the table for discussion. Discussion ensued relative to where the funding for Seminole Vision goes and why it costs so much.

Commissioner McLain stated he has concerns that this organization is coming back this year asking for more money when the Board indicated last year that they wanted the private sector to take over the funding. He stated he is interested in finding out what partners they have, what other governmental agencies are contributing and how much the School system is contributing.

Commissioner Maloy stated he would like to know how the community grant funds are being used as well. He stated they have spent about $100,000 over the last few years and that seems to be a lot of money just to get together and talk about a few issues.

Deputy Clerk Eva Roach left the meeting at 10:55 a.m. and was replaced by Deputy Clerk Carylon Cohen.

Commissioner Van Der Weide stated he has a concern that is becoming more prevalent almost every week regarding citizens’ concerns about breaks in the sidewalks around their elementary and junior high schools. He discussed Teague Middle School and the good job done on McNeil Road. He said, however, that where the citizens live on the adjoining road, it is extremely narrow without any sidewalks; and in most cases where new developments have come in, there are no sidewalks. He said he is aware that a study is going on and staff is addressing some of these issues. He said he would like the County Manager to meet with his staff and readdress some of these glaring gaps that may need more attention in funding relative to right-of-way to get the children safely to school.

Commissioner McLain stated he agrees. He said if the County has these gaps, they need to be focusing on those.

Mr. Grace stated that perhaps it would be appropriate to have a work session or briefing before the September budget hearings to determine what the County is doing or should be doing in order to get direction from the Board.

Commissioner Van Der Weide said the citizens have addressed a specific problem that could be easily solved without a lot of money, and he has identified this with staff and has a basic report that would give the Board some idea about input.

Commissioner Morris left the meeting room at this time.

Mr. Grace said he could meet with Commissioner Van Der Weide. Whereupon, Chairman Henley said Commissioner Van Der Weide’s district is not the only problem, but there are a number of middle schools with the same problem. He asked what is the target date for completion of the study so the Board can know how large a problem there is.

Commissioner McLain said the County has been very successful with some of these projects to get the property owners to donate the easements for the sidewalks. He thinks that can be accomplished with the problem Commissioner Van Der Weide discussed. The County needs to address getting easements so they can have those in place. He said when the School Board starts planning new schools, they should bring the County into the loop and show the routes the children will take to see what needs to be addressed on sidewalk issues.

Upon direction from Commissioner Van Der Weide, Pam Hastings, Public Works Administrative Manager, distributed copies of the staff report (copy received and filed) to the other Commissioners.

County Engineer, Jerry McCollum, addressed the Board to advise staff should have the final study document by the end of September. He advised that historically when staff approaches the School Board about sidewalk issues, they have been told that the schools are not required to do anything off site.

Commissioner Morris returned to the meeting at this time.

Commissioner Maloy said he agrees with Commissioner McLain on the need for better planning. He said a new elementary school was built on Chapman Road, but without sidewalks. It bothers him that these scenarios occur and it is not fair to the parents or children.

Commissioner Van Der Weide said he thinks in general the Board has to have a higher priority on completion of the sidewalks, particularly those within walking distance to any elementary or secondary school. He said he supports the gaps being filled in.

Commissioner Morris stated the reality is they do have a dedicated funding source, although it is very limited. He thinks they need to keep this in perspective. They are trying to find money that sometimes doesn’t exist. He commented on how having sidewalks change a community.

Commissioner Van Der Weide said he is saying the Board needs to bring the issue up on a higher priority, but he knows if they don’t have the money, they can’t do anything.

Commissioner Maloy said if there is a big safety issue, Traffic Engineering staff could take a look and bring those back to the Board. He said they might not be able to tackle all of them this year but could do the best they can.

Upon inquiry by Commissioner McLain on more budgetary changes, Commissioner Maloy said at this point, he was comfortable with what the County Manager has provided the Board.

Motion by Commissioner Morris, seconded by Commissioner Maloy, for staff to include Attachment A in the budget and adjust the budget accordingly; and to proceed with publishing the budget for public review.

Under discussion, Commissioner McLain asked if that included removing the deficit. Mr. Grace answered yes, and he said the deficit is just on paper anyway.

Chairman Henley stated when they get to the budget discussions, the Board still has the opportunity to make additions or deletions at that time. He advised he is not supporting the budget as it presently stands, but he is supporting moving it forward and he will deal with it at the appropriate time.

Upon inquiry by Commissioner McLain, Chairman Henley stated there are some items he could address in a great deal, but he doesn’t think the County Manager wants the Board to do that at this time.

Commissioner McLain said at the last hearing, they were hoping to get all the issues on the table at this meeting and not get to the budget public hearings and hear surprises.

Commissioner Morris said there are a number of Commissioners that have some problems. They had lively discussions at the budget work sessions and if they come up at the public hearings, he is prepared to deal with them. He thinks they need to move on and get the budget to the public.

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

CLERK’S CONSENT AGENDA

Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve and authorize the following:

1. Expenditure Approval Lists, as shown on page _______, dated July 11, and 18, 2000; and Payroll Approval List, as shown on page _______, dated July 20, 2000, presented.

2. Board execution of the Errors, Insolvencies, Double Assessments and Discounts applicable to the 1999 Tax Roll.

3. Approval of Official Minutes dated June 23 and 27, 2000.

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

------

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

1. Proof of Publication, as shown on page _______, for the July 12, 2000 Charter Review Commission Public Hearing.

2. Letter from John Wettach, Jr., Lowndes Drosdick Doster Kantor & Reed, submitting a notice of intent to file tort claim against Seminole County.

3. Maintenance Bond, as shown on page _______, in the amount of $14,912 for water and sewer facilities for the project known as Shadow Creek Apartments.

4. Certificate of Title, as shown on page _______, for the Tuscaloma property.

5. Change Order #1, as shown on page _______, to FC-197-00, Little Wekiva River Erosion Control.

6. Change Order #1, as shown on page _______, to M-71-98 for improvements to CR 46A.

7. First Amendment to Work Order #12, as shown on page _______, to PS-538-99.

8. First Amendment to Work Order #8, as shown on page _______, to PS-543-99.

9. Work Order #7, as shown on page _______, to RFP-443-98.

10. Work Order #15, as shown on page _______, to PS-538-99.

11. Work Order #16, as shown on page _______, to PS-522-98.

12. Work Order #20, as shown on page _______, to PS-532-98.

13. Work Order #2, as shown on page _______, to RFP-464-99.

14. Development Order #99-565, as shown on page _______, relative to Commercial Realty Group rezoning approved by the Board on May 25, 1999.

15. Independent Auditor’s General Report #13381R from the Office of Auditor General relating to Restoration of Audit Adjustments to Full Time Equivalent (FTE) Students of the Seminole County School District.

16. Letter of Acceptance and Bill of Sale, as shown on page _______, relating to Heathrow Woods Phase 5.

17. Satisfaction of Connection Fees, as shown on page _______, for the project known as Elmhurst Village Apartments.

18. Letter of Acceptance, Bills of Sale and Warranty Deed, as shown on page _______, relating to the project known as Lake Forest Sections 8, 10A and 10B Lift Station.

19. Letter of Acceptance and Bill of Sale, as shown on page _______, relating to the project known as Lake Forest Section 12A.

20. Letter of Acceptance, Bill of Sale, Warranty Deed, and Partial Release of Mortgage, as shown on page _______, relating to the project known as Antigua Pointe.

21. Gallagher Bassett Services Inc. Renewal, as shown on page _______, as approved by the BCC on 4/11/00.

22. Permanent Drainage Easements, as shown on page _______, for the following: William H. Young; Yves Jean & Marie Isreal; Michael Chernoby & Donna Lee Fabian; Hartmat & Barbara Kleffel; Kenneth & Dawn Gardner; Mariano & Salvatore Ausonio; Lori Mirisola; Rafael & Yvette Espino; Michael & Katy Palihan and David & Corazon Delacruz; Emiliano & Ana Colin; Barbara Lamb; and Manuel & Nedda Montalvo relating to Forest Slopes.

23. Bids as follows: A/B-392-00; A/B-395; PS-549-00; PS-573-00; DB-605-00; A/B-3000; and A/B-3001.

-------

The Board, thereupon, recessed at 11:17 a.m., reconvening at 1:31 p.m., with all Commissioners (with the exception of Commissioner Van Der Weide who was 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 Maloy, 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.

REQUEST TO REZONE FROM M-1A

TO PCD, SPACEPORT USA, INC.

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from M-1A (Very Light Industrial) to PCD (Planned Commercial Development District); and approve Development Order placing staff and applicant requested conditions on the rezoning; for property located on the west side of Hickman Drive, north of SR 46, within the Hickman Industrial Park, Spaceport USA, Inc., received and filed.

Planner, Tony Matthews, addressed the Board to present the request, advising the purpose for the rezoning is to construct a 108-room motel. He stated staff does not object to the requested PCD zoning classification, per the development order, with the following findings that the PCD zoning would be: (1) Compatible with adjacent commercial and industrial development; (2) Appropriately located at the I-4/SR 46 Interchange; and (3) Consistent with Plan policies identified at this time. He further advised that the P&Z Commission recommended approval with staff findings, and also recommended that the development order be amended to add the condition that the applicant has committed to not allow billboards on the property. He reviewed the development order and the commitments and conditions contained therein.

Upon inquiry by Commissioner Maloy, Mr. Matthews advised the applicant originally requested a 45-foot building height. However, he has now adjusted the site plan and is now requesting a 50-foot maximum. He added that staff supports the 50 feet.

Sid Vihlen, representing the applicant, addressed the Board to advise Spaceport USA, Inc. is locally owned by the Hickman family and the family will own and operate the proposed motel. He said there is a possibility of a second motel next to this one.

Commissioner Van Der Weide entered the meeting at this time.

Mr. Vihlen stated even though they have committed to no billboards on the property, they would like to make sure the development order allows them to erect a pedestal-type of sign (like the Cracker Barrel sign) for the motel.

No one else spoke in support or in opposition.

District Commissioner McLain stated restrictions on outdoor advertising would not be an issue. Whereupon, Section Chief, John Dwyer, addressed the Board to advise an onsite identification sign would be allowed. He suggested the Board include this in the PCD documents.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-41, as shown on page ________, granting rezoning from M-1A (Very Light Industrial) to PCD (Planned Commercial Development District) for property located on the west side of Hickman Drive, north of SR 46, within the Hickman Industrial Park, as described in the proof of publication, Spaceport USA, Inc.; and to approve Development Order, as shown on page _______, placing staff and applicant requested conditions on the rezoning, including a 30-foot height restriction on the I-4 onsite identification sign and a 50-foot height restriction on the motel.

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

REQUEST TO CONSIDER REZONE FROM A-1

TO RC-1, KEEWIN REAL PROPERTY COMPANY

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to RC-1 (Country Homes District); and approval of Development Order placing staff requested conditions on the rezoning; for property located at the northeast corner of Markham Road and Longwood-Markham Road, Keewin Real Property, Company, received and filed.

Mr. Matthews presented the request, advising staff does not object to the requested RC-1 zoning, per the development order with findings as outlined in the agenda package. He pointed out that access will be limited to Longwood-Markham Road. He further advised that since the staff report was published, he received a letter (copy was received & filed) from Mr. Keith Schue, Sierra Club, stating they do not object to the proposed rezoning and requesting public information regarding environmental surveys, permits or any other activity relating to wetlands or listed species on site for the project duration.

Upon inquiry by Commissioner Maloy, Mr. Matthews advised the County's Engineering Division has said the curve on Longwood-Markham Road is something that needs to be looked into.

Hugh Harling, representing the applicant, addressed the Board to advise they agree with the staff comments and the single access to the property. He said further discussion needs to be done on the intersection. He further said that the County engineering staff needs to look at this before they come back in with the preliminary subdivision plan.

Upon inquiry by Commissioner Maloy, Mr. Harling stated they will be willing to work with County staff on improvements to the intersection.

District Commissioner McLain requested Traffic Engineer, Bob Zaitooni, evaluate this so that when the site plan comes back, the Board can review his report.

Sam Coutoff addressed the Board to request the survey on threatened species be done and submitted during preliminary subdivision planning rather than at final engineering. Whereupon, Mr. Harling stated they have no problem with doing the survey during preliminary planning.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #2000-42, as shown on page ________, granting rezoning from A-1 (Agriculture) to RC-1 (Country Homes District) for property located at the northeast corner of Markham Road and Longwood-Markham Road, as described in the proof of publication; and to approve Development Order, as shown on page _______, placing staff requested conditions on the rezoning, Keewin Real Property Company.

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

REQUEST TO REZONE FROM A-1

TO RC-1, KEEWIN REAL PROPERTY COMPANY

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to RC-1 (Country Homes District); and approval of Development Order placing staff requested conditions on the rezoning; for property located south of SR 46, east of Longwood-Markham Road, Keewin Real Property Company, received and filed.

Planner, Amanda Smith, addressed the Board to present the request, advising Mr. Harling has agreed to conduct the threatened and endangered species survey during the preliminary planning. She stated staff recommends approval of the rezoning, per the development order and findings listed in the staff report. She further advised the P&Z Commission recommended approval of the proposed rezoning and development order, with staff findings and an additional condition that the access to the site will be limited to SR 46.

Hugh Harling, representing the applicant, explained that originally they put a connection from the subject property to the subdivision to the south because if access was limited to SR 46 only, there would be a cul-de-sac that exceeds the length allowed in the Code. He said during meetings with staff, they have indicated they will recommend a variance to the Board when the preliminary subdivision plan comes back for consideration. He stated on that basis, they will put a cul-de-sac at the south end and access will be limited to SR 46 only. He also stated they will commit to resolving some easement problems during the preliminary plan review.

Upon inquiry by District Commissioner McLain, Mr. Dwyer stated that in light of the P&Z Commission's recommendation, he does not believe staff will oppose the variance for the cul de sac, but he would like to review the plan to see how many lots are involved.

Jim Dawson, 7456 Colonial Court, addressed the Board to state no one on Colonial Court knew about the rezoning request for the development to the north. He said the concern of the residents of Colonial Court is the ability or inability of traffic to access Colonial Court. He stated Colonial Court is a dirt road that is not maintained by the County and it would not support traffic from the new development.

District Commissioner McLain stated it is his intent to not allow any access through Colonial Court.

The Chairman read Written Comment Form (received & filed) from Kathy Krasnoff into the Record.

Speaker Request Forms were received and filed.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #2000-43, as shown on page ________, granting rezoning from A-1 (Agriculture) to RC-1 (Country Homes District); for property located south of SR 46, east of Longwood-Markham Road, with staff recommendations; and to approve Development Order, as shown on page _______, placing staff requested conditions on the rezoning, including the condition that the access will be limited to SR 46 only, Keewin Real Property Company.

Under discussion and upon inquiry by Carolyn Hevey, Commissioner McLain clarified that Colonial Court will also not be used as a construction road entrance.

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

Upon inquiry by Chairman Henley, Mr. Dwyer advised staff will contact Mr. Dawson when the preliminary subdivision plan is brought back.

CHAIRMAN'S REPORT

Chairman Henley briefly discussed request for appointment to the Canvassing Board for the September 5, 2000 Election.

The Board agreed to ask the Chief Judge to appoint a member to the Canvassing Board.

DISTRICT COMMISSIONERS' REPORTS

Commissioner Maloy advised that Mr. Tulp, owner of the property located on the north shore of Lake Mills, expressed no interest in selling the property for natural lands.

-------

Commissioner Morris briefly discussed letter (copy received & filed) from Jerry Wood, President of Clifton Springs Corp., regarding the Hiley's Fish Camp property.

Mr. Grace advised staff will put together a report on this and bring it back to the Board for discussion.

-------

Commissioner Van Der Weide discussed letter (received & filed) from Jean Metts, Chairman of the Code Enforcement Board, advising the seat held by Roger Stitt has been deemed vacant by the Board because of Mr. Stitt's unexcused absences. He recommended appointment of Bill Fahey to replace Mr. Stitt.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint Bill Fahey to the Code Enforcement Board replacing Robert Stitt.

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

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-169, as shown on page ________, commending Tony Tizzio for his services on the Disability Advisory Board.

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

COMMITTEE REPORTS

Commissioner Maloy briefly discussed the UCF Student Housing Task Force, which will be meeting Wednesday, August 9, 2000. He reported that UCF has taken over the management of Knight's Crossing.

-------

Commissioner Morris advised that Chairman Mel Martinez' Task Force on Growth Management is scheduled for Wednesday, August 9, 2000. He said he will be in attendance representing the East Central Florida Regional Planning Council.

-------

Commissioner Morris reported that Chairman Henley and he attended the Regional Commissioners Forum in Daytona Beach.

-------

Commissioner Morris briefly discussed the Planning Council Regional Study.

-------

Chairman Henley reported that Commissioner Morris received an award from the EDC for his services.

ITEMS FOR FUTURE AGENDA

Commissioner Morris stated in discussions he has had with members of the Code Enforcement Board and of citizens who have gone before the Board, he does not know if the process is being administered in a balanced way. He said there seems to be dissatisfaction from all sides. He suggested the staff review the process. After the review, he requested a work session be held with the Code Enforcement Board.

Chairman Henley stated his office has been inundated with calls from citizens that the Code Board and staff are not doing anything and that it functions like a social agency rather than an enforcement board. He agreed that it is time for the BCC to take a look at the process.

-------

Commissioner Morris stated he has noticed some illegally placed campaign signs in the right-of-way.

Mr. Marion advised that illegal signs are removed and kept for five days at Five Points. The affected candidates are notified when the signs have been removed and that they can pick them up within the five days.

COMMUNICATIONS AND/OR REPORTS

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

    1. E-mail dated 7/31/00 to BCC from Ken Raue, Greater Central Fla. Youth Soccer League re: Appreciation for Winter Miles Consideration.
    2. Copy of letter dated 7/28/00 to Gene Williford, City of Oviedo City Manager (with attachment 7/11/00 to Co. Manager from Mr. Williford) from Cindy Coto, Deputy Co. Manager re: Public Safety 1st response agreement. (cc: BCC, Co. Manager, Public Safety Director, Fire/Rescue Services Manager)
    3. Memorandum dated 7/28/00 to BCC from Kevin Grace, Co. Manager re: FLSA Compliance Audit-EMS/Fire/Rescue Division. (cc: Deputy Co. Manager [Coto], Public Safety Director, Human Resources Director, Co. Finance Director)
    4. Copy of letter dated 7/27/00 to Matt West, Principal Planner-Development Review from Meredith Harper, Shutts & Bowen re: Request for Continuance-Colonial Grand at Heathrow. (cc: Charles McGehee, Ken Wright, Mark Jacobson-BSA, Judy Stewart-BSA, Dave Mulholland-GNB, Co. Records, BCC, Co. Manager)
    5. Memorandum dated 7/28/00 to Commissioner Maloy (with attachment) from Ginger Hoke, Sr. Greenways & Trails Planner re: Flagler Trail & Parks/Conservation Acreage. (cc: BCC, Co. Manager Deputy Co. Managers, Planning & Development Director)
    6. Letter dated 7/26/00 to Chairman from Bill Suber, Property Appraiser re: Road District tentative share of FY 2000/01 Budget. (cc: Fiscal Services Director, Finance Director, BCC, Co. Manager, Public Works Director)
    7. Copy of letter dated 7/26/00 to Ken Roberts, Public Safety Director from Bill Suber, Property Appraiser re: Fire District tentative share of FY 2000/01 budget. (cc: Fiscal Services Director, Chairman, Finance Director, BCC, Co. Manager)
    8. Letter dated 7/26/00 to Chairman from Bill Suber, Property Appraiser re: BCC tentative share of FY 2000/01 budget. (cc: Fiscal Services Director, Finance Director, BCC, Co. Manager)
    9. Memorandum dated 7/27/00 to BCC, Susan Dietrich-Assistant Co. Attorney, Ginger Hoke-Sr. Greenways & Trails Planner, Jim Marino-Deputy Co. Manager, David Martin-Trails Engineer, Jerry McCollum-Co. Engineer, John Moore-Major Projects Manager, Colleen Rotella-Planning & Development Program Manager, Frank Van Pelt-Trails Coordinator from Heather Bradshaw-Ells, Principal Engineer-Major Projects through Jerry McCollum, Co. Engineer (with attached schedule) re: Revised I-4 Pedestrian bridge schedule.
    10. Notice of Land Planning Agency Public Hearing-City of Oviedo 8/3/00 re: The Sanctuary PUD. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
    11. E-mail dated 7/25/00 to BCC from Julie & Steve England re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    12. E-mail dated 7/26/00 to BCC from James Dewell re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    13. E-mail dated 7/26/00 to BCC from Diane Bowman re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    14. E-mail dated 7/27/00 to distribution listed from Sally Baptiste re: Fla. Toll Road Syndrome.
    15. E-mail dated 7/27/00 to BCC from Robert Buford re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    16. Letter dated 7/27/00 to Chairman (with attachment) from Ray Valdes, Tax Collector re: FY 2000/01 Budget. (cc: Co. Manager, BCC)
    17. Copy of letter dated 7/25/00 to Congressman John Mica (with attached correspondence from Congressman Mica to Mr. Huskey) from Everett Huskey re: Transportation issues. (cc: BCC, Co. Manager)
    18. Copy of letter dated 7/21/00 to Alan Knust, YMCA of Central Florida (with attached site maps) from Ginger Hoke, Sr. Greenways & Trails Planner re: Trail connection to YMCA. (cc: Commissioner Morris, Planning & Development Director, Library Services Director, Trails Program Manager-Engineering, Trails Operations-Parks & Recreation, Planner-Planning, BCC)
    19. Letter to BCC from Mr. & Mrs. G. Wells re: Quality of life in Seminole Co. (cc: Co. Manager, Deputy Co. Managers)
    20. Letter dated 7/19/00 to Chairman from Chairman Mel Martinez-Orange Co. re: Update on the status of Orange Co. (cc: BCC, Co. Manager, Deputy Co. Managers)
    21. E-mail dated 7/25/00 to BCC from Mark Perreault re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    22. E-mail dated 7/25/00 to BCC from John Weishampel & Teresa Riedel re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    23. E-mail dated 7/25/00 to BCC from Ken Raue, Greater Central Fla. Youth Soccer League re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    24. Letter dated 7/22/00 to BCC from Earl Nelson re: Paving Wekiva Park Drive. (cc: Co. Manager, Deputy Co. Manager [Marino], Engineering)
    25. E-mail dated 7/16/00 to BCC from Joseph Budd re: Paving program in Seminole Co. (cc: Co. Manager, Deputy Co. Manager [Marino])
    26. Letter dated 7/24/00 to BCC from Jeffery Stein re: Support for Winter Miles.
    27. Memorandum dated 7/14/00 to BCC (with attachment) from Suzy Goldman, Library & Leisure Services Director re: Fla. Recreation Development Assistance Program grant award. (cc: Co. Manager, Deputy Co. Managers)
    28. Copy of letter dated 7/21/00 to Kara Adams-Chairperson FDOT I-4 Urban Design Guidelines Committee (with attachment) from Ginger Hoke, Sr. Greenways & Trails Planner re: Trail issues to be addressed. (cc: Jay Marder-City of Sanford Planning & Development Director, Bill Spivery-City of Lake Mary Planner, Bill Carrico-City of Lake Mary Parks & Recreation Director, BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Co. Engineer, Roads Manager, Principal Planner-Planning, Principal Engineer-Major Projects)
    29. E-mail dated 7/24/00 to BCC from Alan & Lisa Dayley re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    30. E-mail dated 7/24/00 to BCC from Joseph Dube re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    31. E-mail dated 7/24/00 to BCC from Sharon Alters re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    32. E-mail dated 7/24/00 to BCC from Vincent Picconi re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    33. E-mail dated 7/24/00 to BCC from Robert & Odalys Buford re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    34. E-mail dated 7/24/00 to BCC from Fritz Wardlow re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    35. Letter dated 7/19/00 to Chairman from Albert Franks, Jr.-1st Vice President Greater Oviedo Chamber of Commerce re: Support for Winter Miles, (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    36. E-mail dated 7/25/00 to BCC from John Steel re: Support for Winter Miles. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    37. Copy of letters dated 7/21/00 from Suzy Goldman, Library & Leisure Services Director re: Appreciation for recent donations to the following: Mr. J. Wilson, Allstate Market Claims Office, Jimmie Howard, Clete Quick.

    1. Notice of Public Hearing-City of Sanford-August 28, 2000 re: Rezoning from Agricultural & Medium Industrial to Planned Development. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
    2. Notice of Public Hearing-Planning & Zoning Commissioner, City of Sanford-August 17, 2000. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
    3. Notice of Amendment to the City of Sanford Comprehensive Plan-Public Hearing August 28, 2000. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development, Comprehensive Planning)
    4. Memorandum dated 8/4/00 to Commissioner Van Der Weide (with attachment) from Cindy Coto, Deputy Co. Manager re: Personnel Salary Comparison. (cc: BCC, Co. Manager)
    5. Notice and agenda for City of Oviedo Council Meeting 8/7/00.
    6. Copy of letter dated 8/2/00 to Mrs. Sulman from Robert Zaitooni, Co. Traffic Engineer re: Street Signs. (cc: BCC, Deputy Co. Manager [Marino])
    7. Copy of letter dated 8/2/00 to Allan Keen (with attachments) from Frances Chandler, Planning & Development Director re: Astor Farms Final Engineering Plans Review. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Co. Attorney, Assistant Co. Attorney, Development Review Manager, Principal Engineer-Development Review, Principal Planner-Development Review, Ken Wright-Esquire, Hugh Harling-PE)
    8. Letter dated 8/2/00 to Chairman (with attached report) from Ronald McLemore, City Manager-City of Winter Springs re: Dyson Drive Annexation Referendum. (cc: Winter Springs Mayor & Commission, Co. Manager, Assistant to City Manager, BCC, Deputy Co. Manager [Marino], Planning & Development)
    9. Memorandum dated 7/28/00 to BCC from Kevin Grace, Co. Manager re: Ombudsman Issue. (cc: Co. Attorney, Deputy Co. Managers, Planning & Development Director)
    10. Letter dated 8/1/00 to BCC from George Smith, President-Wharton Smith re: Construction Management. (cc: Co. Manager, Deputy Co. Manager [Coto], Administrative Services Director)
    11. Letter dated 7/31/00 to BCC (with attached notice) from Cynthia Porter, Acting City Clerk-City of Sanford re: Annexation. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
    12. E-mail dated 8/1/00 to BCC from Dave Brubaker re: Winter Miles support. (cc: Co. Manager, Deputy Co. Managers, Planning & Development, Library Services)
    13. Memorandum dated 7/27/00 to Sandy McCann, Co. Records from Kathryn Brown, Sr. Planner-One Stop Permitting re: Submissions into Official Records. (cc: Co. Manager, BCC, Environmental Services Director)
    14. Letter dated 4/4/00 to Chairman from John Criswell, Bureau Chief-Department of Juvenile Justice re: Transmittal of 6th Annual Juvenile Justice Quality Assurance Report.

COUNTY MANAGER'S REPORT

Mr. Grace advised staff is finalizing their analysis of fire service for the City of Sanford.

--------

Mr. Grace discussed with the Board the Firefighter's Web Site and the information provided on same.

-------

The Board, thereupon, recessed at 2:51 p.m., reconvening at 7:02 p.m., with Assistant County Attorney Stephen Lee, who replaced County Attorney Robert McMillan, and Deputy Clerk Carylon Cohen, who replaced Deputy Clerk Sandy McCann.

PUBLIC HEARING

SUBSTANTIAL DEVIATION TO

HIBC DRI/KENNETH WRIGHT

Continuation from June 13, and July 25, 2000 of a public hearing to consider Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI); property located south and west of Banana Lake Road and east of Island Lake; as described in the proof of publication, Kenneth Wright.

Attorney Lee noted the absence of all Commissioners and stated that in the absence of a quorum, the meeting is continued. Therefore, the public hearing was continued to August 22, 2000.

-------

Attorney Lee declared the meeting closed at 7:03 p.m., this same date.

 

ATTEST_______________________Clerk______________________Chairman

er/slm/cc