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BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

SEPTEMBER 27, 2005

 

 

 

 

     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, September 27, 2005, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Kevin Grace

     County Attorney Robert McMillan

 

     The Invocation was given by Pastor Bryan Wenger, Upsala Community Presbyterian Church, Sanford.

     County Attorney Robert McMillan led the Pledge of Allegiance.

Awards and Presentations

 

     Chairman Henley changed the order of the agenda to delay Item #1 and go to Item #2 as one of the presenters was not present at the time.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-169, as shown on page _______, proclaiming October 2 – 8, 2005 as “Mental Illness Awareness Week-Take Action to Change the Nation.”

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

     Commissioner Carey presented the Resolution to Linda


Gregory, President of the Mental Health Task Force, who thanked the Board for their support, not only financially, but for the encouragement and being involved in partnering with other agencies.

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     Motion by Commissioner Dallari, seconded by Commissioner Morris, to adopt appropriate Resolution #2005-R-170, as shown on page _______, proclaiming the month of October as “National Disability Awareness Month”. 

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

     Commissioner Dallari presented the Resolution to Connie Kreinbring, Chairwoman, and others from the Disability Advisory Council.  Ms. Kreinbring expressed thanks to the Board for their support.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-167, as shown on page _______, proclaiming October 10, 2005 as “Putting the Brakes on Fatalities Day”.

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

     Commissioner Van Der Weide presented the Resolution to Robin Butler and Lt. Pete Kelting.  Ms. Butler thanked the Board for their support.  Lt. Kelting, Sheriff’s Department, expressed his appreciation on behalf of the Traffic Safety Team. 

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     Motion by Commissioner Morris, seconded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-168, as shown on page _______, proclaiming October 2005 as “Greenways and Trails Month”.

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

     Commissioner Morris presented the Resolution to Dan Anderson, Greenways and Trails Committee.  He stated one of the good partners with them is the City of Longwood.  He expressed the Board really appreciates them making the efforts.

     Mr. Anderson stated, on behalf of the Greenways and Trails Committee and especially the families who use the trails, they appreciate the Board’s leadership in putting this in place.  He said there will be many activities scheduled throughout the month and they can look on the web to see them.

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     Representative David Mealor and Senator Lee Constantine addressed the Board to make a presentation.  Senator Constantine stated he and Representative Mealor have worked very hard to sponsor the Florida Forever Bill that put more of an emphasis on programs that go back into the community, to the parks and recreation facilities that are near and dear to each one of us in Central Florida and all of Florida.  He said he has the honor to present two grant checks from the Florida Recreation Development Assistance Program (FRDAP) for acquisition and development of land for public outdoor recreational use or construction of recreational trails.  One check in the amount of $145,000 is for Soldiers Creek and the other check in the amount of $200,000 is for Jetta Point, for a total of $345,000.

     Representative Mealor stated it is an absolute honor to be able to do this.  He said again, they have to recognize the hard work of the Commission.  He said, on behalf of the Seminole County Legislative Delegation, he is very proud to take advantage of this moment.

     Commissioner Morris expressed appreciation for their leadership.

     Representative Mealor and Senator Constantine presented the checks to the Board.  Senator Constantine said thanks to the Board for all they do and it’s always a pleasure serving Seminole County in Tallahassee.

     Chairman Henley expressed the Board’s appreciation for the efforts the Legislative Delegation puts forth on behalf of Seminole County.  This will go a long way toward helping provide amenities for the residents to enjoy.

County Manager’s Consent Agenda

     County Manager Kevin Grace stated Items #30 and #49 are being pulled from the agenda.  He explained that Item #30 will come back at a future meeting.  Item #49 is pulled because the property is now in compliance.  He said also one of the public hearing items will be discussed later.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize the following:

County Manager

 6.  Authorize reassignment of the GIS Division of the Information Technologies Department to the Community Resources Division of the Planning and Development Department, and adopt appropriate Resolution #2005-R-172, as shown on page _______, amending the Seminole County Administrative Code. 

 

Community Services

Administration

 7.  Approve and authorize Chairman to execute the FY 2005/2006 Contract, as shown on page _______, between the State of Florida Department of Health and Seminole County. 

 

Economic Development

 8.  Adopt appropriate Resolution #2005-R-173, as shown on page _______, to continue the Jobs Growth Incentive Program. 

 

Environmental Services

 9.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Pulte Homes-Carriage Homes at Dunwoody for reclaimed water system. 

10.  Approve and authorize Chairman to execute Settlement Agreement, as shown on page _______, between Sanlando Utilities Corporation and Seminole County to amend Sanlando Utilities certificated service areas. 

Solid Waste

11.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for the following three (3) companies:  (1) 4 Jays-Management, Inc.; (2) A & F Waste Services, Inc.; and (3) SP Recycling Corp. 

 

Fiscal Services

Budget

12.  BCR #05-37 - $40,000 – Public Works – Roads-Stormwater – 13000 – Stormwater Fund.  To provide funding for purchase of an eight-acre compensatory easement as required by the Army Corps of Engineers. The compensatory easement allows the Sweetwater Cove Tributary Surface Water Restoration erosion Control/Stormwater Treatment project to remove erosion and install preventative measures to minimize future erosion on Sweetwater Creek.  This project is one of ten initiated through the Emergency Watershed Protection Program and funded by the Natural Resources Conservation Services.  The funding is being transferred from the N. Lake Jessup, another NRCS project. 

13.  BCR #05-38 - $150,000 – Environmental Services – Solid Waste Management – 40201 – Solid Waste Fund.  Repair costs for Solid Waste Management Division in excess of original budgeted amounts due to a larger than anticipated number of tires which required replacement this year (at approximately $5,000 per tire) as well as a higher incidence of accidents.

Purchasing

14.  Award CC-1267-05/TLR, as shown on page _______, Countywide Fence Repair and Installation to KMG Fence, LLC of St. Cloud (Estimated Annual Usage of $250,000.00).

15.  Approve Change Orders #2, 3, & 4, as shown on page _______, to CC-1255-05/TLR, Ditch Debris Clean-up, Clearing and Grubbing at various locations, with Garland Construction ($66,500.00).

16.  Approve Change Order #3, as shown on page _______, to CC-1256-05/TLR, Sweetwater Cove Tributary Surface Water Restoration and Erosion Control/Stormwater Treatment, with InterTech, Inc. of Jacksonville ($82,530.00).

17.  Approve Ranking List, Authorize Negotiations, and Award Master Agreement, as shown on page _______, for PS-5191-05/TLR, Engineering Design, Permitting, and Post-Design Services for the Central Transfer Station Citizen Area, to Brown and Caldwell of Maitland ($150,000.00).

18.  Award IFB-3124-05/LJS, as shown on page _______, Term Contract for Tree Trimming and Stump Removal Services for Library and Leisure Services/Parks and Recreation Department, to SunState Trees & Property Maintenance, Inc., Casselberry.

19.  Authorize Sole Source Procurement and authorize the issuance of Purchase Order Grant Locator Services to eCivis, Inc., Pasadena, California (Subscription Agreement $33,750.00).

20.  Approve Amendment #2, as shown on page _______, to M-374-A-04/TLR, Boat Ramp Construction at C.S. Lee and Mullet Lake, with Randall G. Tedder Construction, Ocala ($12,329.92).

 

Information Technologies

Telecommunications

21.  Approve the Shared Public Service Radio Communications Facilities Agreement, as shown on page _______, between Seminole County Government and the City of Altamonte Springs. 

22.  Approve the Memorandum of Understanding, as shown on page _______, for participation in the State of Florida Domestic Preparedness Homeland Security Grant Program sponsored by the State of Florida Department of Community Affairs, Division of Emergency Management. 

 

Library & Leisure Services

23.  Approve and authorize Chairman to execute the State Aid Application and Grant Agreement, as shown on page _______, for FY 2005/06 State Aid to Libraries. 

 

Planning & Development

Building & Fire Prevention

24.  Approve and authorize Chairman to execute Modification #4, as shown on page _______, to the Flood Mitigation Assistance Agreement between Seminole County and the Department of Community Affairs, Division of Emergency Management. 

 

Community Resources

25.  Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page _______, for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program as follows:  Alvenia Duckworth; Melissa Renee Hunt; Mary Alice Gordon; Carmen T. Rua; Ozelia Campbell & Dollie Campbell; Anthony & Melissa Novinich; Denise D. Chandler; Nancy G. Pasnak; James B. Lee; Jason & Michelle Davis; Etta Montaque; Dawn Ann Carl; Mary M. Wynn Bush; and Dorothy Bradley. 

26.  Adopt appropriate Resolution #2005-R-174, as shown on page _______, renaming Truman Street to McKinley Lane in order to eliminate delays in emergency response. 

27.  Approve and authorize Chairman to execute Satisfaction, as shown on page _______, of the HUD Home Program Homeowner/Rehabilitation Assistance Agreement and Supplemental Memorandums of Agreement, for properties owned by Geraldine Burke. 

Development Review

28.  Approve release of Performance Bond in the amount of $150,000 and Road Maintenance Bond in the amount of $240,000 for the Club II Borrow Pit. 

29.  Adopt appropriate Resolution #2005-R-175, as shown on page _______, to vacate and abandon the utility easement located on the north side of the Amber Lakes townhome project (Suncor Properties). 

30.  Pulled from the agenda the request to approve Release of Letter of Credit #1017417-0412 in the amount of $167,853.00 from First National Bank of Central Florida for subdivision improvements for Talman Mews (Jay Barfield).

31.  Approve and authorize Chairman to execute the final plat for Greenway Shoppes, a two-lot minor plat located at the southeast corner of CR 46A and Casa Verde Boulevard within the Chase Groves Planned Unit Development (Crescent Resources, LLC). 

32.  Adopt appropriate Resolution #2005-R-176, as shown on page _______, to vacate and abandon a portion of a platted utility easement located at 301 Red Mulberry Court (Kevin Morrissey). 

 

Public Safety

Emergency Management

33.  Approve and authorize Chairman to execute Emergency Management Preparedness and Assistance Trust Fund Agreement, as shown on page _______, between the State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant of $102,959.00.

34.  Adopt appropriate Resolution #2005-R-177, as shown on page _______, for the National Incident Management System (NIMS) and the associated Incident Command System (ICS) as the County’s system for preparing for and responding to emergency and disaster events.

 

Public Works

Engineering

35.  Adopt appropriate Resolution #2005-R-178, as shown on page _______, authorizing the Chairman to execute the County Deed, as shown on page _______, conveying right-of-way for Montgomery Road to the City of Altamonte Springs. 

Roads–Stormwater

36.  Approve release of Road Maintenance Bond #36286 in the amount of $9,943.50 for the Wayside Estates project. 

37.  Approve release of Road Maintenance Bond #BE0930712-A in the amount of $5,257.00 for the Sturbridge Oaks project. 

38.  Approve and authorize Chairman to execute Agreement, as shown on page _______, for Purchase and Sale of Conservation Easement for Sweetwater Cove Tributary Surface Water Restoration Erosion Control Stormwater Treatment project.

 

Traffic Engineering

39.  Approve and authorize Chairman to execute the Signage Agreement, as shown on page _______, between Seminole County and The Glades on Sylvan Lake Homeowners Association, Inc. 

 

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

 

County Attorney’s Consent Agenda

 

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

Litigation

40.  Authorize Issuance of Offer of Judgment for Parcel Number 139A, Maratta property, on the Lake Drive road improvement project in the amount of $65,000.00. 

41.  Approve proposed negotiated settlement relating to Parcel Number 133 on the Lake Drive road improvement project, Hindu Society of Central Florida property, in the amount of $135,500.00 inclusive of land, severance damage, and costs. 

42.  Approve proposed settlement relating to Parcel Numbers 109, 709A, and 709B on Bunnell Road improvement project and Parcel Numbers 715C, 715D, 815B and 817 on Eden Park Avenue road improvement project, Country Creek Master Association, Inc. property.  The settlement sum is $438,000.00 inclusive of land value, improvements, cost to cure and attorney fees and cost reimbursements.  Settlement includes and is contingent on vacate of an unopened right-of-way to be considered at a future public hearing. 

43.  Approve proposed settlement relating to Parcel Numbers 118.3 and 718.3 on the Seminola Boulevard road improvement project, Motiva Enterprises, LLC (formerly Star Enterprises) property, in the amount of $650,000.00 inclusive of land value, severance damage, statutory interest, business damages and attorney fees and cost reimbursements. 

 

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

Constitutional Officers Consent Agenda

 

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

Clerk’s Office

44.  Expenditure Approval Lists, as shown on page _______, dated August 29 & September 6, 2005; and Payroll List, as shown on page _______, dated August 25, 2005.

 

45.  Chairman to execute the following Satisfactions of Judgment for Court Costs:

 

Karen Fulks, #97-2398-CFA - $255

James Dean Reddick, #97-1203-CFB - $255

 

46.  Approval of BCC Minutes dated August 23, 2005.

 

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.   Development Order, as shown on page _______, for Master’s Academy Central Florida. 

 

 2.  Maintenance Bonds for the following:  Estates at Wekiva Park Ph. 1 - $70,500, as shown on page _______; Talman Mews Ph. 1 - $2,290, as shown on page _______; and AnneBury/Addison Place - $48,970.38, as shown on page _______. 

 

 3.  Memorandum from Kevin Grace, County Manager, RE:  Capital Project Fund Transfer for the Little Wekiva Basin in the amount of $22,000. 

 

 4.  Performance Bond, as shown on page _______, for Villas at Deer Run in the amount $372,379. 

 

 5.  Certified Tennis Pro Agreement, as shown on page _______, with Aimee Smith. 

 

 6.  Memoranda from Kevin Grace, County Manager, RE:  Capital Project Fund Transfers for Criminal Justice Center in the amount of $216,014; and Airport Blvd. Phase II in the amount of $29,611. 

 

 7.  Amendment #1, as shown on page _______, to W.O. #1 to PS-5159-94. 

 

 8.  C.O. #1, as shown on page _______, to CC-1255-05. 

 

 9.  W.O. #13, as shown on page _______, to CC-1262-05. 

 

10.  W.O. #15, as shown on page _______, to RFP-4214-04. 

 

11.  W.O. #39, as shown on page _______, to CC-1220-03

 

12.  W.O. #30, as shown on page _______, to PS-574-00. 

 

13.  W.O. #39 & 40, as shown on page _______, to PS-5130-02.

 

14.  W.O. #13, as shown on page _______, to CC-1203-03. 

 

15.  W.O. #4, as shown on page _______, to RFP-4240-05.

 

16.  C.O. #1, as shown on page _______, to BD-2119-05. 

 

17.  W.O. #23, as shown on page _______, to PS-5150-03. 

 

18.  W.O. #10, as shown on page _______, to CC-1262-05. 

 

19.  Amendment #3, as shown on page _______, to W.O. #62 to PS-590-01. 

 

20.  C.O. #1, as shown on page _______, to FC-1139. 

 

21.  Certificate of Final Inspection, as shown on page _______, for FC-1139-00. 

 

22.  C.O. #3, as shown on page _______, to CC-1246-04. 

 

23.  C.O. #1, as shown on page _______, to W.O. #23 to CC-1222-03. 

 

24.  C.O. #2, as shown on page _______, to CC-1221-03. 

 

25.  IFB-3125-05 Contract, as shown on page _______, with Philips Medical Systems. 

 

26.  RFQ-0195-05 Contract, as shown on page _______, with Active Lawn Care & Landscaping, Inc. 

 

27.  Amendment #1, as shown on page _______, to W.O. #13 to PS-5166-04. 

 

28.  W.O. #12, as shown on page _______, to RFP-4214-04. 

 

29.  Bids #IFB-3119-05, 2124-05, DB-612-05, and 2125-05. 

 

30.  Resolution #2004-R-7, as shown on page _______, Vacate & Abandonment for Allen Keen as approved by the BCC on January 13, 2004. 

 

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

REGULAR AGENDA

     Planning Manager Tony Walter addressed the Board to present request for approval of the Final Master Plan for Grande Oaks PUD, fka Florence Arbor PUD, consisting of approximately 27.18 acres located on the northeast corner of CR 46A and Orange Boulevard; and authorization for the Chairman to execute the Developer’s Commitment Agreement, Justin Pelloni. 

     Mr. Walter advised the approve preliminary master plan contained 320 dwelling units at a density of 20.25 units per net buildable acre and 19,500 square feet of commercial development.  The applicant has opted not to develop the commercial portion of the project and has spread 314 residential units over the entire site and that reduces the net density to 15.81 units per net buildable acre.  He said staff has reviewed the Final Master Plan and Developer’s Commitment Agreement and finds them in compliance with the preliminary master plan and development order.  He further advised of one change in the Developer’s Commitment Agreement for Item A under Landscape and Buffer Criteria where it refers to Orange Blvd. and the concrete wall.  Staff wants to amend that to read, “the buffer along Orange Blvd. shall contain a brick wall and along the east side of the property shall contain a 6’ high masonry wall.”

     Commissioner Morris discussed with Mr. Walter the office portion which the applicant opted not to develop.  He asked Mr. Walter to describe the green space and active recreation area.  He also asked Mr. Pelloni to describe what the amenities are that stand out with this project.

     Justin Pelloni, applicant, addressed the Board to describe the amenity plans.  He showed a plan (received and filed) and said the greatest amenity is that the lake is in the middle of the development.  He pointed out the Amenity Center that includes a club house/dining room area, fitness center, patio area around the pool and tot lot on the south side of the pool.  On the north side of the development are two satellite parks.  He described that along 46A, they have a streetscape of the front of the units and a reduced-size wall with columns and wrought iron rail work.  There is also a meandering sidewalk that will have public access. 

     Commissioner Morris asked about the design element, the elevations and different heights.  Whereupon, Mr. Pelloni said they will be consistent with the heights, with two stories along Orange Blvd. to balance the three-story units.  He showed a rendering (received and filed) of one of the buildings from the model in West Palm called Harbour Oakes to show the elevations.  He also showed the following pictures (received and filed):  view from the clubhouse, view of internal parks with articulation on the rooftops and balconies; entrance to the development along the walkways; pictures of the architecture and landscaping; picture of similar view of what will happen along Paola except there will be a much bigger landscape buffer.

     Commissioner Morris stated it appears the applicants did everything they originally promised and did a really nice job.

     Commissioner Carey stated she had the opportunity to meet with the Pellonies and Kolter team and see their presentation that the project is what they have said.  She commented about the large garage space and plenty of parking and said she loves the pedestrian bridge over the lake as a great amenity.  She thinks this is a great project.

     Commissioner Dallari asked about the timing of the berm that will separate this project from 46A.  He said, if possible, he would like to see the berm established on 46A first before they go vertical.

     Scott Morton, Kolter Property Company, addressed the Board to state the berm is more of a sculpted area with serpentine sidewalks running through them.  He said this the first area they intend to build, so it will come early on in the project.

     Commissioner Carey advised the applicants have plans to save the oak trees on the property.

     Upon inquiry by Commissioner Morris on the serpentine sidewalk, Mr. Morton advised they will have double sidewalks, so the pedestrians can use that instead of the serpentine if they choose.

     Chairman Henley commended Mr. Pelloni on the project and said he hopes it sets a pace in Seminole County. 

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the Final Master Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for Grande Oaks PUD, consisting of approximately 27.18 acres and located on the northeast corner of CR 46A and Orange Boulevard, based on staff findings, with the revision to IX. A. of the Developer’s Commitment Agreement about the brick wall along Orange Boulevard; Justin Pelloni.

     Under discussion, Commissioner Morris referred to the Zom project in Lake Mary which turned out to be nothing like it was supposed to be and is a big disappointment.  He asked staff to be more vigilant on the representations relative to the actual project that is put out.

     Whereupon, Commissioner Carey said it is important that when people show the Board a rendering, that is the Board’s expectation.  The applicants have done a wonderful job on the projects she has seen and she doesn’t expect anything less on this project.

     Commissioner Van Der Weide said this project will fit in nicely with the Heathrow and Colonial property developments.  He congratulated the developers and said this will complement the area.

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

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     Chairman Henley advised the request for Code Enforcement foreclosures, Case No. 99-76A-CEB and Case No. 01-089-CEB, Timothy F. & Claudia G Juergens, 102 Orienta Drive, Altamonte Springs, Florida, has been withdrawn as the respondents have come into compliance.

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     David Gregory, Solid Waste Manager, addressed the Board to request approval of amendments to RFP-4234-04/AJR Solid Waste Collection Franchise Agreements, Seminole County, Florida, Residential Collection Services, to change the definition of “container” in the residential solid waste collection franchise agreements to increase the accepted container size from 32 gallons to 40 gallons.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to approve the Amendments, as shown on page _______, to RFP-4234-04/AJR, Solid Waste Collection Franchise Agreements, Seminole County, Florida, Residential Collection Services with Waste Pro of Florida, Inc.; Waste Management, Inc. of Florida; and Waste Services of Florida, Inc.; to change the definition of “container” in the residential solid waste collection franchise agreements to increase the accepted container size from 32 gallons to 40 gallons.

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

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     Mr. Gregory requested approval of amendments to Non-Exclusive Franchise Agreements for Commercial Solid Waste Collection Services for firms identified.  He explained the amendment for Section 2, Term, is to include language that authorizes the Director of the Environmental Services Department to renew agreements for successive periods not to exceed one year each; and amendment for Section 17, Spillage and Litter, is to include language for administrative fines and for truck signage.  He said staff is recommending extending the existing non-exclusive franchise agreements for a one-year term.  He advised the staff is continuing to work on options for franchising commercial solid waste collection and will bring those options to the Board in about 120 days for their consideration.

     Commissioner Van Der Weide advised he is employed by one of the collection firms and, therefore, will abstain from voting. on this issue.

     Chairman Henley advised for the Record that Commissioner Van Der Weide has recused himself and will file the appropriate document later.  Memorandum of Voting Conflict, as shown on page _______, was received and filed.

     Commissioner Morris stated the cities of Winter Park and Lake Mary have moved very successfully to using the one-man trucks with automatic arms that pick up the super large containers.  He said if they stay under the current plan they now have, Seminole County will never move to that technology.  He said the economics don’t work for the haulers because of the breakup of the pattern of service areas and the commercial has been left on its own.  The only way this would work is if they have a combination of commercial with residential.  He said you can get better rates if you have a smaller area for only a particular vendor.  He hopes the Board seriously considers this over the next 120 days.  He said the options for service and price are better if they move in this direction and start to take control.  Another big issue is the economics of the landfill.  He said this plays directly in with what is going on now in Sanford with respect to purported recycling center that is now turning into a transfer station.  He said this is going to hurt the taxpayers financially and he doesn’t see any action by the City of Sanford or the BCC that is strong enough.  He hopes they tackle this issue seriously on the commercial side and put something in place by the end of the year.

     Chairman Henley stated the impact was discussed at the City/County Commission meeting and the necessity for them to look countywide, including the municipalities, at this problem.  There were some expressions of concern from some of the cities on what affect this might have upon the bonding program if a substantial amount of delivery is lost from the landfill.  He thinks this needs to be pursued also in line with what Commissioner Morris stated.

     Commissioner Carey stated she understands one of the haulers on the northwest section is planning to do a pilot program to try out the new technology.  She said Mr. Gregory had informed her during a briefing yesterday that the non-exclusive franchise commercial haulers are required to take their garbage to the County’s landfill.  There is a little protection there.  She said she is also talking to the City of Sanford’s Commission, Mayor, and staff about the recycling center. 

     Commissioner Carey stated it didn’t make sense to her to change Section 2 giving authority to the Director of Environmental Services to renew the agreements when they have a new plan coming back before the Board.  She thinks it holds the companies more accountable to know they are coming before the County Commission.  She said she does not support this change to Section 2.  Discussion ensued.

     Mr. Grace said he thinks in recent years, this has become a routine type thing; but he agrees with the thought to leave it the way it is and do not make the change now and see what the Board wants to do.

     Motion by Commissioner Morris, seconded by Commissioner Carey to approve the Amendments, as shown on page _______, but striking the amendment to Section 2 that would have included language to authorize the Director of the Environmental Services Department to renew the agreements, to the non-exclusive franchise agreements for commercial solid waste collection services for the following firms:  Container Rental Company, Inc.; DisposAll, Inc.; Onyx Waste Services Southeast, Inc.; Republic Services of Florida, LP; Sunshine Recycling, Inc.; Waste Management, Inc. of Florida; Waste Pro of Florida, Inc.; and Waste Services of Florida, Inc.

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

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     Chairman Henley recessed the meeting at 10:26 a.m. and reconvened it at 10:32 a.m.

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     Amy Raub, Planning, County liaison to the Natural Lands Advisory Committee, addressed the Board to request authorization for staff to initiate due diligence in proceeding toward possible partnerships and acquisition on the Lansing, XYZ Corporation and Schlusemeyer properties per the Natural Lands Committee recommendations. 

     Ms. Raub gave a PowerPoint presentation (copies of slides were received and filed) covering a funding report, summary of land acquisition program and recommendations for final acquisitions.

     Colleen Rotella, Community Resources Manager, addressed the Board to answer inquiry by Chairman Henley on why the Natural Lands Committee did not recommend some of the parcels.  She advised that the parcels did not fit the Natural Lands criteria to a significant degree, generally either in size or location. 

     Upon inquiry by Commissioner Dallari, Ms. Rotella discussed why the Powell parcel was not recommended.  She also discussed for Commissioner Morris why the Korman and Meadowland parcels were not recommended.

     Commissioner Morris stated the Meadowland parcel is the most urban area they would run the trail through.  He asked why would they not try to acquire some relief there, which is far more connected to the residents than anything in the rural area.  He said this parcel is directly on the trail.  Discussion ensued.

     Ms. Rotella advised the Greenways and Trails program submitted the application to the State for Meadowland, but it was not ranked by the State.

     Commissioner Morris asked about the Korman parcel that is on General Hutchinson.  He commented on the concept of preserving General Hutchinson and the connectivity to the Spring Hammock.  He said the Spring Hammock is the most urban area and is most accessible to the greatest population of the natural lands they have.  It is also the highest use of the natural lands.  He said it seems they should also look at the Korman parcel. 

     Commissioner Van Der Weide stated the Wekiva Marina is still in limbo.  He asked Ms. Rotella if she had been able to verify if the 13 acres in back of Starbuck Springs has access through Sabal Point.  Whereupon, she said she had not verified it, but she does know that parcel has access through the Springs.

     Commissioner Van Der Weide said he would like to take a tour of that parcel when Ms. Rotella is available.  He also said he would like for staff to take another look at that parcel and determine the access points.

     Commissioner Carey said it seems there could be coordination between Natural Lands and the Trails Committee to see where there may be opportunities to work together to get the natural lands that could also be a part of the trails.  She said she would like to see them work closer along those lines.

     Chairman Henley said the Powell property has historical significance and he would hope staff goes back and take another look at it.  Whereupon, Commissioner Dallari stated the Lansing parcel also has a lot of historical significance.

     Ms. Rotella advised the owner of the Lansing parcel is now a willing seller.

     Ms. Raub continued her presentation, reviewing the 2005 properties and recap.

     Commissioner Morris discussed the Schlusemeyer property that was recommended as a conservation easement.  He said he doesn’t think this easement would grant a public access to it.  Additional discussion continued.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to authorize staff to proceed with due diligence and negotiate for the Lansing property.

     Under discussion, Commissioner Carey stated she was going to say she would be interested in having staff go back and look at the connectivity of the trail along with some of the other parcels and come back with a recommendation of the importance of those.

     Commissioner Dallari said he thinks staff should try to go after a couple of parcels at the same time so they would have a particular ranking so no particular property owner would think they have a “leg up” to try to inflate the price.

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

     Commissioner Van Der Weide commented on the trails connectivity, stating he hopes staff has been doing that all along and if not, they should be.  He said it would bother him if they start pursuing property that basically is worthless, which would never have anything happen to it, and that would probably be a waste of taxpayers’ money.

     Commissioner Morris agreed and said he would support Commissioner Van Der Weide.  He said the Lansing parcel is extremely desirable piece of land and it has the key aspect because it is in the more dense part of the County.  He discussed he would like the Board to consider Meadowland, Korman, and a couple parcels on General Hutchinson in that order.   Also, look at the Wekiva Marina one more time.

     Commissioner Van Der Weide added Starbuck Springs.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to direct staff to look at and bring back to the BCC the Starbuck Springs, the Wekiva Marina, Meadowland and the Korman parcels.

     Under discussion, Commissioner Morris said he doesn’t think they need to be limiting these just to the natural lands funding.

     Chairman Henley said he has been concerned for quite some time that everything being picked up is in the remote areas.  They have the opportunities to look at parcels in the urban area and he thinks they need to consider those.

     Commissioner Carey said everything they are talking about is exactly what the voters voted on.  She said a lot of the areas they spoke to were the intent of the voters in 1990. 

     Commissioner Dallari suggested an amendment to the motion to include the Powell parcel.  Whereupon, Chairman Henley said he would support that.

     Commissioner Dallari said he is working to keep this parcel on the list to make sure it is still in the forefront of people’s minds.

     Commissioner Morris amended the motion to authorize staff to relook at the Wekiva Marina, Starbuck Springs, Meadowland, Korman and, additionally, the Powell parcel and see where other funding might come from.

     Commissioner Van Der Weide agreed to the amendment.

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

     Commissioner Van Der Weide asked staff to get a picture of Starbuck Springs.

     Chairman Henley asked staff to coordinate with the Commissioners to see when they are available for site visits on several of the properties.

PUBLIC COMMENT

     Deborah Schaffer, on behalf of the Eastern Seminole County Rural Lands Coalition, addressed the Board to state their concerns with reference to the Joint Planning Agreement before the Board and some unfinished rural studies.  She said this group is made up of the Black Hammock, Chuluota and Geneva areas and they are addressing the rural studies and the draft JPA before the Board with the City of Oviedo and some studies going on separately with the City of Winter Springs.

     Commissioner Morris stated the JPA is not before the Board yet, but is at the staff level and is not in finished format.  Whereupon, Ms. Schaffer acknowledged that, but said she wanted to make comments to the Board rather than individually to save time.

     Ms. Schaffer stated the Coalition opposes any additional studies being done in the Black Hammock because they have already reviewed this area.  She said they are on the same issue they were working on since 1991 concerning the rural area and urban rural boundary.  She stated the Coalition is ready to come to the table with ideas and partnership with the County, cities and large landowners to arrive at a reasonable JPA.  She said if a master plan is the direction they need to take, they would like to hire the consultant and get moving on the master plan.  She said the Coalition’s direction has not changed.  They want the rural studies completed so they can proceed with negotiations and hammer out a solution with all stakeholders.  The Coalition wants to know what the land uses are, where the rural boundary is and where it will stay, and how the transition will be handled.  They do not want another study and have this drag out for months.

     Commissioner Morris said the first thing he objected to when he read the draft JPA was having another study.  He thinks the BCC and the Oviedo City Commission could resolve all the issues easily and they don’t require another study on top of the rural study.

     Upon inquiry by Chairman Henley on the time table, Commissioner Morris said, hopefully, within the next 30 days they will be able to meet with the City Manager and County Planning staff to discuss the outstanding issues.  Then they will come back to the Board with a recommendation on the JPA, probably in November. 

     Mr. Grace advised he has a meeting with the Oviedo City Manager for tomorrow.

     Chairman Henley said they need to have a joint meeting.  Commissioner Morris said before that, it would be nice if the two District Commissioners would weigh with their staffs to understand if there can be political closure, then the proposal might be to have a joint meeting.  He does think the joint meeting will resolve the issues.

     Mr. Grace said he will brief the County Commissioners after his meeting this week.

     Upon inquiry by Commissioner Carey, Commissioner Morris said he doesn’t know what the City of Winter Springs wants to do so he asked the County Planning Director to meet with the Winter Springs Planning Director to determine what their issues are.  He doesn’t know what success the Planning Director has had with this.

     Dan Matthys, Planning Director, addressed the Board to state he did have a preliminary meeting with the Planning Director of Oviedo and Winter Springs and he has lunch scheduled with the Planning Director of Winter Springs on Thursday.

     Commissioner Morris stated the Oviedo issues are the western, southern and northern boundaries.  The Winter Springs area is a small piece of eastern migration through the Black Hammock.  These are radically different issues.

     Chairman Henley asked Mr. Matthys to brief the Commissioners as soon as he can after his meeting with the Winter Springs Planning Director.

     Commissioner Morris reminded the Chairman that Winter Springs is doing their study of the Black Hammock.

     Tony Matthews, Planning Division, addressed the Board to state he attended a Winter Springs committee meeting last Thursday and they have a consultant on board.  They are looking at about 1,000 acres that abut the city, running from Florida Avenue to Canal, north to Packard over to the City of Winter Springs.  They are looking at some sort of transitional area for future development.

     Commissioner Morris advised also that the Cities of Winter Springs and Longwood entered into a joint planning agreement which the County was not made aware of.  He said as the District Commissioner of 95% of the City of Winter Springs, when someone calls him, he is happy to cooperate.  He said he has repeatedly gone to the city and tried to work with them.

County Manager’s Briefing

     April Boswell, Principal Coordinator, addressed the Board to request direction regarding the implementation of the recommendations and strategies identified in the East Rural Area Study.  She stated staff has looked at the current conditions in the rural area.  She said she will show maps to identify a couple of the key issues that a lot of the questions hinge on what they will be working with.  She advised the staff has also provided the Board with a rough draft of a recommendations framework book (copy received and filed) that gives an idea of what staff has been looking at and some of the questions asked at the community meetings.  She showed a map (not received and filed) prepared by Glatting Jackson of vacant properties in the rural area that have development potential.  She said staff wants to sit down at the table at a final meeting with the community and all involved and work out the definitions for the transition area.  Staff wants to bring to the Commission in a work session the implementation strategies and recommendations for policies and regulations so the Board can consider to implement to address these issues.  Then, staff will come before the Board in a normal hearing for their adoption of recommendations.  She advised Chairman Henley that the third and final meeting of the Rural Land Study is scheduled for October.  She anticipates bringing the issues before the Board in a work session in the next couple months and before the Board in a public hearing setting. 

     Ms. Boswell advised Commissioner Morris that the meeting will be opened to everyone.  Whereupon, Commissioner Dallari stated he had been to two meetings and there was a large variety of people in attendance, as well as developers.

     Ms. Boswell showed another map (not received and filed) indicating large land holders and discussed same.  She showed another map (not received and filed) on the components of rural character identifying the environmental system corridors.  She said staff wants to hold the third meeting to flush out implementation strategies and recommendations to bring back to the Board.  She asked the Board if this is the way they would like staff to carry this out. 

     Commissioner Carey said she hopes that while they are trying to get the JPA finalized, they would finish these meetings before they finalize that to make sure any suggestions adopted by the Board are a part of the agreement.  She asked Ms. Boswell to meet with her after this meeting to provide her with suggestions for the draft framework guidebook before distribution to the public.  She explained she doesn’t want an agreement that does not acknowledge the rural study has taken place.

     Upon inquiry by Commissioner Dallari, Ms. Boswell said the third meeting will be to hash out the details and those will be presented to the Board in the work session.  Commissioner Dallari stated he heard in the second meeting he attended that the people are getting concerned because they are getting the same information.  Ms. Boswell explained what staff plans to do for the third meeting.

     Ms. Boswell advised Commissioner Morris that she would like to bring this back to the Board for adoption by the end of the year.  Whereupon, Commissioner Morris asked her to note for action that the Land Use Code and Comprehensive Plan will have to be changed.  Discussion ensued. 

     Upon inquiry by Commissioner Morris, the Board’s consensus was for a policy decision that another study done will not be done. 

     Commissioner Carey said she would prefer to have a workshop before staff comes back with final recommendations, so they can bring back policies based on input from the Board and not develop policies and then see if the Board likes them.  She said staff needs to closely review recommendations when they deal with amendments to the Land Development Code, because so many parts of the Code are entwined and referenced back and forth to other parts of the Code.

     Commissioner Morris said the framework guidebook is a superb document and he complimented the staff.  Ms. Boswell said staff will be making corrections to the document and will then put it on the web site.

     Commissioner Carey stated one question being asked is what is going to be the definition of transitional zoning and how are they going to deal with that.  She said she still hasn’t heard from the consultant or staff on that recommendation and she is anxiously waiting for that.

     Whereupon, Chairman Henley stated the Board needs a definition and not an example.  The clear message is finding a recommendation regarding transition.  He understands that the workshop with the Board will be held in November.

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     Chairman Henley recessed the meeting at 11:48 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Commissioner Morris entering late, and Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record. 

     Districts 1, 3, 4 and 5 voted AYE. 

PUBLIC HEARINGS

 

REQUEST TO REZONE FROM A-1

TO R-1AAA, TODD MAGARGEE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to R-1AAA (Single-Family Dwelling District) for approximately 2.5 acres located on the south side of Sand Lake Road, 300 feet west of Sandy Lane, Todd Magargee, received and filed. 

     Planning Manager, Tony Walter, addressed the Board to present the request, advising the proposed zoning would allow lots with a minimum size of 13,500 square feet and lot widths of 100 feet.  Under LDR, the Code allows a maximum density of four dwelling units per acre and under the analysis of the Weighted Method for Determining Single-Family Residential Compatibility in Residential Land Use, the request would allow approximately three homes per acre.  He further advised that the Planning & Zoning Commission unanimously recommended approval of the rezoning to R-1AAA and staff also recommends the request as supported by the Weighted Method for Determining Single-Family Residential Compatibility. 

     No one spoke in support or in opposition. 

     District Commissioner Van Der Weide recommended approval. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt Ordinance #2005-37, as shown on page _______, approving rezoning from A-1 (Agriculture District) to R-1AAA (Single-Family Dwelling District) for approximately 2.5 acres located on the south side of Sand Lake Road, 300 feet west of Sandy Lane, as described in the proof of publication, Todd Magargee. 

     Districts 1, 3, 4 and 5 voted AYE. 

REQUEST TO REZONE FROM A-1

TO RC-1, WINDSOR OAKS, LLC

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to RC-1 (Country Homes District) for approximately 8.7 acres located on the east side of Lake Markham Road and opposite Sylvan Drive, Windsor Oaks, LLC, received and filed. 

     Planning Manager, Tony Walter, presented the request, advising the rezoning would allow lots with a minimum size of one acre and lot widths of 120 feet.  The future land use designation (Suburban Estates) allows a maximum density of one dwelling unit per acre.  He further advised the Planning & Zoning Commission unanimously recommended the rezoning and staff also recommends approval. 

     Upon inquiry by Commissioner Carey, Mark Crone, representing Windsor Oaks, addressed the Board to state the proposed homes will not be less than 5,000 square feet. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2005-38, as shown on page _______, approving rezoning from A-1 (Agriculture District) to RC-1 (Country Homes District) for approximately 8.7 acres located on the east side of Lake Markham Road and opposite Sylvan Drive, as described in the proof of publication, Windsor Oaks, LLC. 

     Districts 1, 3, 4 and 5 voted AYE. 

REQUEST TO REZONE FROM A-1

TO R-1A, ANTHONY NASKO

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to R-1A (Single-Family Dwelling District) for approximately 4.26 acres located on the south side of Orange Boulevard and opposite Stargazer Terrace, Anthony Nasko, received and filed. 

     Commissioner Morris entered the meeting at this time. 

     Planning Manager, Tony Walter, presented the request, advising the requested rezoning allows lots with a minimum size of 9,000 square feet and lot widths of 75 feet.  The future land use designation is LDR which permits a maximum density of four dwelling units per acre.  He further advised the Planning & Zoning Commission unanimously recommended approval with a minimum house size of 3,000 square feet of living space and a voluntary commitment for a maximum of 8 lots.  He added staff also recommends approval. 

     Bob Manuel, 5336 Fawn Woods Court, Lake Forest, addressed the Board to state he is in agreement with the plan.  He said that on one side of the Lake Forest Subdivision there is a wooden fence and on the south side there is a chain-link fence.  Because of that, he said he would like to have the ability to work with the developer to determine the type of fence that would be erected on his side of the property. 

     Upon inquiry by Commissioner Carey, Mr. Walter advised there is no requirement for the developer to put up a fence; it would be strictly voluntary. 

     No one else spoke in support or in opposition. 

     Speaker Request Form from Bob Manuel was received and filed. 

     District Commissioner Carey stated she will not make fencing a part of her motion, since it is not required by the Code and there is no consistency with the Lake Forest Subdivision fencing. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2005-39, as shown on page _______, approving rezoning from A-1 (Agriculture District) to R-1A (Single-Family Dwelling District) for approximately 4.26 acres located on the south side of Orange Boulevard and opposite Stargazer Terrace, as described in the proof of publication, Anthony Nasko, with the minimum house size of 3,000 square feet of living space and a voluntary commitment for a maximum of 8 lots; Development Order, as shown on page _______. 

     Under discussion and upon inquiry by Commissioner Carey, Mr. Walter advised with straight zoning of residential, a fence is not required. 

     Commissioner Carey stated the developer may want to use setbacks and landscaping instead of a fence. 

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

REQUEST TO REZONE FROM PCD

TO PUD, TOM DALY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from PCD (Planned Commercial District) to PUD (Planned Unit Development) for approximately 11.59 acres located on the east side of Dodd Road, approximately 250 feet south of Red Bug Lake Road, Tom Daly, received and filed. 

     District Commissioner Dallari advised he is in receipt of a request to continue this item until October. 

     No one spoke in support or in opposition. 

     Written Comment Form from Rene’ Fossey was received and filed. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to continue until October 25, 2005, at 1:30 p.m., or as soon thereafter as possible, consideration of a request to rezone from PCD (Planned Commercial District) to PUD (Planned Unit Development) for approximately 11.59 acres located on the east side of Dodd Road, approximately 250 feet south of Red Bug Lake Road, as described in the proof of publication, Tom Daly. 

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

REQUEST TO REZONE FROM A-1

TO R-1A, ROBERTO RAMON

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling District) for a 5.0 acre site located on the east side of Mikler Road, 600 feet south of Red Bug Lake Road, Roberto Ramon, received and filed. 

     Planner, Jeff Hopper, addressed the Board to present the request, advising the requested rezoning would allow lots with a minimum area of 9,000 square feet and minimum width at the building line of 75 feet.  The LDR future land use designation allows a maximum density up to four dwelling units per net buildable acre.  The lot compatibility analysis supports the requested zoning classification.  He further advised that the Planning & Zoning Commission unanimously recommended approval and the staff also supports the request. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2005-40, as shown on page _______, approving rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling District) for a 5.0 acre site located on the east side of Mikler Road, 600 feet south of Red Bug Lake Road, as described in the proof of publication, Roberto Ramon, with staff comments. 

     Under discussion and upon inquiry by Commissioner Dallari, Robert Ramon, applicant, addressed the Board to advise he does not have any plans to build houses at this time. 

     District Commissioner Dallari stated he would like to see the house sizes be compatible with the surrounding neighborhood.  Whereupon, Mr. Ramon agreed and committed to having houses that are compatible with the area. 

     County Attorney, Robert McMillan, advised a specific house size needs to be included in the motion. 

     DCM Don Fisher addressed the Board to suggest that the houses be a minimum of 1,500 square feet. 

     Commissioner Dallari advised he will include in the motion that the house sizes will be a minimum of 1,500 square feet.  Commissioner Cary agreed to include that in the motion. 

     Commissioner Morris suggested including in the Land Development Code a separate affordable housing section.  He said the house minimum square footages have almost doubled in the last 30 years and that needs to be addressed also during the Land Development Code review. 

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

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     A brief discussion ensued with regard to the Land Development Code review and Mr. Walter advised staff is almost done with reviewing the first module of the Code.  The second module will deal with all the zoning districts.  He said staff plans to bring the information to the BCC for their input during a work session in January.  He further said that then staff will incorporate all of that in the ordinance for BCC adoption. 

     Commissioner Morris requested a briefing from staff on their review process. 

APPEAL AGAINST BOA,

JOHN KELLY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a Special Exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace, John Kelly, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the appeal, advising the BOA denied the request, finding the proposed use is incompatible in size and type with the current approved uses in the Oviedo Marketplace.  She added the staff’s recommendation is to overturn the BOA and approve the requested establishment. 

     Upon inquiry by Commissioner Carey, Ms. Fall advised there is a Chili’s Restaurant located across the street from the property.  She also advised the proposed ABC Liquor Store will not have a lounge – it will only be a package store for consumption off-premises. 

     John Bennett, representing the appellant and ABC Liquor Stores, addressed the Board to display a large photograph (received & filed) of the proposed store, advising it is an upscale building with an extended line of wines.  He said ABC has gotten rid of the lounges statewide and their license will only be for package goods.  He reviewed the requirements for granting a special exception and stated the request will not be a detriment to the surrounding area.  He provided pictures (received & filed) of the establishments in the area, including a Frankie’s Italian Grill & Bar, Bill’s Elbow South Bar & Restaurant, RJ Gators, and Toucan Willie’s Restaurant & Bar.  He said the proposed store would not have an unduly adverse impact on the traffic patterns and it is consistent with the County’s Comp Plan.  He submitted for the Record the original Transcript of the Seminole County Board of Adjustment Meeting of July 25, 2005 regarding this property.  He pointed out that the Oviedo Marketplace Master Plan calls for 175.5 acres of retail services and the proposal meets the separation requirements between churches, schools and properties with residential land use or zoning.  He added that it is consistent with the Vision 2020 Plan. 

     Jim Hall, Canin Associates, representing the appellant, addressed the Board to state with regard to the rumor of a hotel going on the property, he does not know of any hotel that can be put on a one-acre piece of property.  He also said that with regard to the argument that the granting of the special exception will set a precedent, be believes the BCC has more purview over like requests.  He added that he believes staff’s recommendation is accurate and by approving the request, the development will increase property values in the area. 

     Commissioner Morris stated there has been some confusion about the hotel and believes that involves the two and a half acre site to the left of the subject property. 

     Michael Pacini, 1471 Towhee Run, addressed the Board to speak in support of the special exception, stating he happens to enjoy fine wine and does not like to drive across the County to get it. 

     Kristine Kraus, representing the Red Bug Residential Coalition, addressed the Board to speak in opposition and to read into the Record a letter (received & filed) from Greg Pryor, Chairman of the Red Bug Residential Coalition. 

     Upon inquiry by Commissioner Morris, Ms. Kraus stated it was her understanding that a hotel was proposed for the site. 

     No one else spoke in support or in opposition. 

     Speaker Request Forms were received and filed. 

     District Commissioner Dallari stated for the past number of years, the Board has put various restrictions on package stores, including denying them outright. 

     Motion by Commissioner Dallari to deny the Appeal, thereby, upholding the Board of Adjustment’s decision to deny a Special Exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace, as described in the proof of publication, John Kelly. 

     The Chairman called for a second to the motion, whereupon, he surrendered the gavel to the Vice Chairman for that purpose. 

     Under discussion, Commissioner Dallari stated he has a list of properties along Red Bug Lake Road as well as Dodd Road where package stores have been denied. 

     Commissioner Morris stated he has a list of properties where package stores have been approved.  He asked for a five-minute recess to review this new information. 

     Vice Chairman Carey recessed the meeting at 2:25 p.m., reconvening it at 2:29 p.m. 

     The Vice Chairman asked for any additional Board discussion. 

     Commissioner Morris stated Commissioner Dallari’s list mostly entailed properties denied by the Board of Adjustment and most of those have been overturned by the BCC – or they were on the residential portion of Red Bug Lake Road.  However, in this case, he said the subject property is in the most intensive zoning district allowed.  He said he cannot support the motion because he believes the appellant has met all the criteria. 

     Commissioner Henley stated as the Board knows, they quite often disagree with staff and their findings.  He said he thinks an area can be over-saturated and believes alcohol can be detrimental. 

     Vice Chairman Carey stated these types of issues are looked at by the Board on a case-by-case basis and the information she has received is that out of 15 requests denied by the BOA, 14 were overturned by the BCC. 

     Districts 1 and 3 voted AYE. 

     Commissioners Morris, Henley and Carey voted NAY.  Whereupon, Commissioner Henley asked for clarification of the motion.

     Vice Chairman Carey advised the motion is to uphold the Board of Adjustment and deny the appeal.  Whereupon, Commissioner Henley asked that another vote be held. 

     Districts 1, 3 and 4 voted AYE. 

     Commissioner Morris and Carey voted NAY. 

     The gavel was returned to the Chairman.  

APPEAL AGAINST THE BOA,

EMMA SMITH

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a Special Exception for the permanent placement of an existing mobile home located at 1211 Cochran Road, Emma Smith, received and filed. 

     Planner, Kathy Fall, presented the Appeal, advising staff recommends the BCC overturn the BOA’s decision and grant the permanent placement of the mobile home. 

     Emma Smith, appellant, addressed the Board to advise she plans to build on the property, but does not have a timeframe at this point.  She said she would appreciate a two to five-year permit. 

     Upon inquiry by Commissioner Carey, Ms. Smith advised the mobile home is a 1973 model.  She further advised that she does not live in the mobile home; but rents it out. 

     Mary Isaacs, 350 Saunders Trail, addressed the Board to display a map (received & filed) of the area showing parcels with mobile homes on them and parcels with conventional houses on them.  She said the trend in the area is to conventional houses.  She also said that she had a mobile home for two years and is now building a conventional house.  She displayed photographs (received & filed) of the subject property and the mobile home in question, stating the property has code violations on it and has been before the Code Enforcement Board.  She questioned if the 1973 mobile home is legally placed on the property because to her knowledge the previous permit was for a 1969 trailer.  She added that the trailer is old, not maintained, and is clearly visible from the road; therefore, she would request the Board deny the appeal and the permit for the mobile home.  She added that she believes the County should do a better job of monitoring mobile home permits. 

     Commissioner Carey stated the lack of monitoring is why she has asked staff to look at mobile homes as it relates to the Land Development Code. 

     Commissioner Morris stated he does not recall the Board directing staff to address mobile homes in the Land Development Code.  He said mobile homes have historically, in Seminole County, been temporary and not permanent.  He further said in this case, the mobile home is for rental purposes, it is in disrepair and has code enforcement problems, and the appellant has not attempted to build. 

     Doug Norman, 1276 Saratoga Lane, addressed the Board to state the trend for the area is to move away from mobile homes.  He said he built a home on Saratoga Lane two years ago and would like to see the area go to conventional homes.  He therefore, requested the BCC uphold the BOA. 

     Chris Wilson addressed the Board to advise he purchased the land across the street from the subject property and plans to build one-acre home sites.  He also agrees that the trend is for moving toward conventional homes.  He pointed out that the trailer in question is a 1973 model and is in bad shape.  He said he believes it is a health hazard and does not know if it has been inspected for proper tie-downs and skirting. 

     No one else spoke in support or in opposition. 

     Speaker Comment Forms and Written Comment Forms were received and filed. 

     Commissioner Carey stated she knows the Board has had a couple of discussions about looking at the Land Development Code as it relates to 5, 10 or 20 acre parcels and permanent placement of mobile homes.  She said she thought staff was directed to review this.  Whereupon, Mr. Grace stated he does not recall specific BCC action for staff to do that. 

     Commissioner Carey stated she would like to discuss the issue and look at including this in the Land Development Code.  She said there are people that cannot afford to build a home and should not have to keep coming to the Board every two or five years to ask to stay in their home. 

     Commissioner Morris stated that people come in asking for a five to ten-year permit in order to give them time to build a home and then they come in and ask for an extension if they need more time.  He disagrees with taking something temporary and making it permanent.  Discussion ensued. 

     Chairman Henley stated he likes to remind the Board that this is America and people have a right to choose the type of place they want to live in.  He added he believes the Board needs to be sensitive to the wishes of landowners. 

     Commissioner Van Der Weide stated this is a real dilemma – he said he is not in favor of moving people out of their homes. 

     Commissioner Morris stated it appears some Commissioners are turning an argument about monitoring as turning people out of their homes. 

     Upon inquiry by Commissioner Morris, Ms. Fall advised the BOA denied the special exception because of the year of the mobile home, it was rental property and not owner-occupied, and because of the Code violations. 

     Upon inquiry by Commissioner Carey, Ms. Fall advised the site consists of five acres. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to deny the Appeal, thereby, upholding the Board of Adjustment’s decision to deny a Special Exception for the permanent placement of an existing mobile home located at 1211 Cochran Road, as described in the proof of publication, Emma Smith. 

     Districts 1 and 2 voted AYE. 

     Commissioners Van Der Weide, Henley and Carey voted NAY, whereupon, the motion failed for the lack of a majority vote. 

     Motion by Commissioner Van Der Weide to grant the Appeal, thereby, overturning the Board of Adjustment’s decision to deny a Special Exception for the permanent placement of an existing mobile home located at 1211 Cochran Road, as described in the proof of publication, Emma Smith. 

     The Chairman called for a second to the motion two times, thereupon, he surrendered the gavel for that purpose. 

     Under discussion of the motion, Commissioner Van Der Weide stated he feels a permanent exception is too much, but a two-year permit is too little.  Therefore, he said he will include in the motion that the permit will be for five years.  Commissioner Henley agreed with the inclusion. 

     Commissioner Carey stated she does not support the permanent placement because it is a rental property and not in compliance. 

     Districts 1, 3, 4 and 5 voted AYE. 

     Commissioner Morris voted NAY. 

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     Commissioner Carey questioned if it is clear to staff that there are three Commissioners who want to see staff address the permanent placement of mobile homes in the Land Development Code.  Whereupon, Mr. Grace stated he will direct staff accordingly. 

     The gavel was returned to the Chairman. 

APPEAL AGAINST THE BOA,

ED HAUSER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to grant a Special Exception for the continued placement of a mobile home for five years at 2295 Canal Street, Ed Hauser, received and filed. 

     District Commissioner Morris stated because the staff will be coming back to the Board with possible code changes, he would like to continue this item until February.  He added that he will continue to continue any other mobile home appeals in his district until the new Code is decided upon and written. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue until February 14, 2005 at 1:30 p.m., or as soon thereafter as possible, consideration of an Appeal against the Board of Adjustment’s decision to grant a Special Exception for the continued placement of a mobile home for five years at 2295 Canal Street, as described in the proof of publication, Ed Hauser. 

     Under discussion and upon inquiry by Commissioner Carey, County Attorney McMillan advised the Board must continue these appeals on a case-by-case basis or they must enact an ordinance establishing a moratorium. 

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


CONSIDERATION OF THE

SEXUAL PREDATOR ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the proposed Sexual Predator Ordinance, received and filed. 

     County Attorney, Robert McMillan, advised prior to this meeting, he distributed a revised draft ordinance (copy received & filed) which excludes driving on I-4 and the Expressway. 

     Upon inquiry by Commissioner Carey, County Engineer, Jerry McCollum, addressed the Board to advise FDOT considers I-4 and the Expressway both “intrastate” roads. 

     Sheriff Don Eslinger addressed the Board to present the proposed ordinance, stating this has been a collaborative effort between the Sheriff’s Office, the BCC and the Cities in order to protect the most vulnerable in the community.  He discussed the ordinance Summary (received & filed), advising a sexual offender is designated in the ordinance as someone whose victim was under the age of 16 at the time of the offense.  He explained that there are nine exceptions and one exclusionary zone included in the ordinance.  He reviewed the last paragraph on page 8 of the proposed ordinance, stating there is a provision that prior to any arrest, the law enforcement officer shall afford the person an opportunity to explain his or her presence in the area.  He also pointed out that everyone is grandfathered in with regard to residences until their leases have expired.  He advised that in working with the Jessica Lunsford Act, the ordinance requires all offenders and predators to carry a photo identification card (provided by the Sheriff’s Office) at all times.  He added that currently there are 295 registered sexual offenders and 5 sexual predators residing in Seminole County. 

     Commissioner Carey commended Sheriff Eslinger on a great job on this ordinance and for providing information on the Sheriff’s Web Site regarding offenders. 

     Commissioner Morris thanked the Sheriff for his good work on this and everything he is doing on child abuse and the Kids House.  He said he wants the public to understand the difference between an offender and a predator. 

     Sheriff Eslinger advised the sexual predator is designated by the courts.  He explained that it is not necessarily the age of the victim but the violence and repetitive nature of his actions. 

     Upon inquiry by Commissioner Morris, Lorraine Johnson, Sheriff’s Office, addressed the Board to advise under the Jessica Lunsford Act, a sexual predator is registered for life.  However, an individual can seek, at the discretion of the court, to have that designation removed. 

     Upon further inquiry by Commissioner Morris, Sheriff Eslinger advised all registered felons have I.D. Cards stating their offense.  However, they are not required to carry them except when being supervised by a probation officer. 

     Commissioner Morris stated some people say this ordinance will drive offenders and predators underground; but he strongly disagrees with that.  He said it is amazing how historically light the courts and laws relative to abuse of children have been.  He further said he commends the work of the Sheriff to move this ordinance along and would like to see it further moved into State law. 

     Stephanie Reiner, Sheriff’s Office, addressed the Board to clarify the definition of sexual offender in the Statutes. 

     No one else spoke in support or in opposition.

     Written Comment Form from John Casselberry was received and filed. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt Ordinance #2005-41, as shown on page _______, the Sexual Predator Ordinance, as described in the proof of publication. 

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

     Commissioner Morris reiterated that he would like to recommend this ordinance, for State law, to the Legislative Delegation. 

LEGISLATIVE DISCUSSION

     Assistant County Attorney, Steve Lee, and DCM, Sally Sherman, addressed the Board to request BCC input on the County’s Legislative Draft Agenda for 2006.  Copy of draft agenda was received and filed.  Ms. Sherman briefly reviewed and discussed page 4 of the draft agenda, dealing with State issues.  She said that with regard to item #7, UCF’s medical school, UCF is asking for BCC support on that. 

     Chairman Henley suggested the Board adopt a resolution in support of a medical school for UCF.  Whereupon, Commissioner Van Der Weide agreed and said all five Commissioners could sign the resolution. 

     The Board, by unanimous consensus, directed staff to draft a resolution in support of UCF’s medical school. 

     Ms. Sherman reviewed the proposed State funding requests on page 5 of the draft agenda. 

     Commissioner Morris requested all funding requests come back before the Board so that they can be ranked. 

     Chairman Henley stated he believes the Board is wasting their time submitting some of these requests, considering the Governor’s history on vetoing pet projects. 

     Commissioner Morris agreed that the three local park projects (Jetta Point, Wilson Landing & Upsala) are probably “DOA”. 

     Mr. Grace stated staff will bring all the requests back for priority ranking.  He clarified that the Board wants to delete Item D, Wilson Landing, on page 5 of the draft agenda. 

     Commissioner Morris referred to page 10, Item A, the eastern connector, stating he would suggest downgrading the funding request to just the P & E and not the entire project. 

     Upon inquiry by Commissioner Morris, County Engineer, Jerry McCollum, estimated the P & E portion would be around $5 million. 

     Commissioner Morris also suggested going department by department for federal funding requests.  Whereupon, Mr. Grace stated staff will be doing that and added this is a preliminary listing. 

     Commissioner Morris requested he be e-mailed the various department requests.  He also requested a briefing on the affordable housing trust. 

CHAIRMAN’S REPORT   

     Chairman Henley advised he is in receipt of 459 petitions from the Carillon neighborhood formally requesting the BCC take a position on UCF’s plans to build a stadium and to hold a public hearing on same.  He said his view is that the BCC has no jurisdiction over the matter and it would serve no purpose to hold such a public hearing. 

     Commissioner Van Der Weide stated he supports the college on their quest for a medical school and any school that size needs a stadium.  He added the UCF issue is under Orange County’s jurisdiction.  Commissioner Carey agreed. 

     Commissioner Morris voiced his support of UCF’s master plan and does not support holding a public hearing as requested because the BCC has no jurisdiction. 

     Chairman Henley advised he will draft a response to the petitioners notifying them the BCC has no jurisdiction over this matter. 

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     Chairman Henley distributed a copy of a letter from the Chairman of Osceola County asking for $1,000 contribution from each Commission for the victims of the Gulf Coast. 

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     Chairman Henley advised he is in receipt of a letter (copy received & filed) from Sarasota County asking the Board to adopt a resolution in support of “Green Light for Red Light Cameras”.  He asked for direction from the Board on same. 

     No Board member voiced any support in adopting the requested resolution. 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley requested appointment of Erica Kosares to the Disability Advisory Committee. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to appoint Erica Kosares to the Disability Advisory Committee to fill an unexpired term ending January 2007. 

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-181, as shown on page _______, commending Sally Shepard for serving on the Disability Advisory Committee. 

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

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     Commissioner Henley stated he attended the unveiling of the fuel-cell cars. 

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     Commissioner Carey reported she and Chairman Henley attended the William C. Schwartz Industry Innovation Awards on September 14; and Decimal.  Dot was the recipient of the award.  She also thanked Tracy Turk and Bill McDermott for taking her on a tour of the County. 

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     Commissioner Carey also reported she toured the Community Assistance Department on September 20 and expressed her thanks to Phil Stalvey, David Medley, and Kelly Metcalf for the great work they do. 

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     Commissioner Carey advised the County hosted the EDC Board meeting on September 20 at the Lake Mary Marriott and there was a great turn-out. 

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     Commissioner Carey advised the Wekiva River Basin Commission met on September 22 at the Embassy Suites in Altamonte Springs.  She further advised the committee rescinded their previous action regarding septic tanks. 

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     Commissioner Carey informed the Board of a scheduled meeting on October 13 at 6:00 p.m., at the Lake Sylvan Park Community Building regarding water levels. 

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     Commissioner Carey advised the fall City/County Networking Event has been scheduled for November 17 at 5:30 p.m. at the Longwood Community Building.   She asked the Commissioners to mark their calendars for same. 

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     Motion by Commissioner Morris, seconded by Commissioner Dallari to appoint Ross Pagano to SCIDA for a term ending January 1, 2007. 

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

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     Commissioner Morris advised of the City of Lake Mary workshop regarding the annexation of 40+ acres in the Heathrow DRI.  He requested a report back from staff on the economical analysis of how much office and commercial will be lost. 

     Mr. Grace advised he attended the workshop and there was no specific application at that time.  He said it was a general discussion of what Colonial Grand will be looking for. 

     Commissioner Morris stated he considers the action unfriendly by both the City and the Colonial Grand developer. 

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     Commissioner Morris commended staff for the “Dealing with Disasters” brochure (copy received & filed) and suggested it be mailed to all County residents. 

     Patti Michaels, Community Resource Officer, addressed the Board to advise an additional printing and mailing will cost $55,000. 

     Mr. Grace stated staff will get with SWOP to do the printing and mailing and report back to the Board with the cost. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Memorandum dated 8/29/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer – SR 434 Underpass.

 

 2.  Letter dated 9/15/05 to Chairman from Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, re: Sanford’s Memorial Stadium.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Tourist Development Director)

 

 3.  Letter dated 9/15/05 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice for Annexation public hearing on September 26, 2005.  (cc: Co. Manager, Deputy Co. Managers, Property Appraiser, Supervisor of Elections, Planning & Development Director)

 

 4.  Memorandum dated 9/9/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer – Renovations for Fire Station.

 

 5.  Memorandum dated 9/9/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer – Snowhill Road.

 

 6.  Memorandum dated 9/12/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer – CR 427 Phase 1.

 

 7.  Memorandum dated 9/9/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer – JPP/SR 434 Sedimentation Basin.

 

 8.  Memorandum dated 8/29/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer – Cross Seminole Trail.

 

 9.  Copy of letter dated 9/14/05 to Gary Earl, President/CEO – Workforce Central Florida from Chairman, re: Appointing Craig Wojcik to Workforce Central Florida Board of Directors. 

 

10.  Notice of Board of Adjustment Public Hearing – City of Longwood on September 29, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

11.  Letter dated 9/12/05 to BCC (with attachment) from Congressman John Mica, re: I-4 capacity.  (cc:  Co. Manager, Deputy Co. Managers, Co. Engineer, Public Works Director)

 

12.  Copy of letter dated 8/16/05 to Matt Chesler, Cable Franchising Program Manager, from Diane Pickett Culpepper-Bright House, re: Fiber connection for direct broadcast from the Seminole EOC building.  (cc:  BCC)

 

13.  Letter dated 9/13/05 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Final calculations for Unincorporated Road District proportionate share.  (cc:  BCC, Co. Manager, Deputy Co Managers, Public Works Director)

 

14.  Letter dated 9/13/05 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Final calculations for Fire District proportionate share.  (cc:  BCC, Co Manager, Deputy Co Managers, Public Safety Director)

 

15.  Letter dated 9/13/05 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Final calculations for Board of County Commissioners proportionate share.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

16.  Letter dated 9/14/05 to Chairman from Daniel and Melissa Aponte re: Appeal process for Variances.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning & Development Director, Planning Manager)

 

17.  Memorandum dated 9/8/05 to BCC (with attachments) from Kathy Moore, MSBU Program Manager, re: Response to Notice of Proposed Non-Ad Valorem Assessments.

 

18.  Notice dated 9/12/05 announcing the Seminole Co. Legislative Delegation meeting on November 15, 2005.

 

19.  Copy of letter dated 9/12/05 to Nancy & Bob Jones from Jane E. Peterson, Library Services Manager, re: Appreciation for recent donation.

 

20.  Letter dated 8/22/05 to BCC from Diane Picket Culpepper, Bright House, re: Programming changes.

 

21.  Copy of letter dated 8/26/05 to Clayton Simmons, Administrative Judge, from Kevin Grace, Co. Manager re: Courthouse Security.

 

22.  Memorandum dated 9/13/05 to BCC (with attachment) from Don Fisher, Deputy Co. Manager, re: Budget Work session requested additional information.

 

23.  Copy of memorandum dated 9/20/05 to Ray Valdes, Seminole Co. Tax Collector, from Kevin Grace, Co. Manager, re: Extending of tax roll.  (cc:  BCC)

 

24.  Letter dated 9/22/05 to BCC from Charles Berdet re: Suggestive materials sold at Spencer’s Gift Stores.  (cc:  Sheriff Department, Co. Attorney, Planning Manager)

 

25.  Copy of memorandum dated 9/23/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

26.  Memorandum dated 9/22/05 to Chairman from Ray Valdes, Tax Collector, re: Relocation of Tax Collector Oviedo Branch Office.

 

27.  Memorandum dated 9/23/05 to BCC (with attachments) from Al Hill, Information Services Programming & Applications Manager, re: County GIS and Imaging Programs power point presentation.

 

28.  Letter dated 9/26/05 to BCC from Tricia Johnson, Community & Government Relations Representative -Orlando Regional Healthcare, re: Neonatal Intensive Care Unit 30th anniversary.

 

29.  Memorandum dated 9/22/05 to BCC (with attachments) from Lisa Spriggs, Fiscal Services Director re: 2nd Public Hearing carry forward items.

 

30.  Memorandum dated 9/21/05 to BCC from Kevin Grace, Co. Manager, re: Acting Co. Manager during absence.

 

31.  Copy of memorandum dated 9/16/05 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

32.  Letter dated 9/19/05 to BCC and Sheriff Donald Eslinger (with attached copy of petition) from Teresa Takac and Mike Proctor, Carillon Neighborhood Representatives, re: Opposition to proposed Northeast campus location for stadium. 

 

33.  Contract for services, as shown on page _______ between Seminole Co. and the following:  James Lee Hood (Score keeper) and Austin Edward Brookshire (Score Keeper Slow Pitch softball).

 

COUNTY MANAGER’S REPORT

     County Manager, Kevin Grace, advised staff is still working on adopting a County in the Gulf Coast area.  He said they are focusing on Harrison County and will hopefully be coming back to the Board at their next meeting with more information. 

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     Mr. Grace advised the County staff raised $4,800 and collected 15 tons of food at the recent food drive for hurricane victims. 

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     Mr. Grace advised the Purchasing Department won another award from the National Purchasing Institute; and added that the Department is in the top five purchasing departments nationally. 

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     The Chairman recessed the meeting at 5:00 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

FINAL FY 2005/2006 BUDGET

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of the final millage rates for Fiscal Year 2005/2006, and adoption of the final Budget for all funds for Fiscal Year 2005/2006, received and filed.

     Chairman Henley stated this meeting was advertised as the second public hearing on the Budget.  He stated the purpose of the hearing is to discuss the millage levies and rolled-back rate.  The public will be asked to discuss issues about the budget.  He stated the Board is required to amend the budget if necessary to recompute the proposed millage rates; announce the percent by which the proposed millage rate is above or below the rolled-back rate; and then adopt the proposed millage rate and budget.  He reminded the public that the Board does not have any control over the tax levies and budgets of the School Board, Water Management District, or any of the seven cities in Seminole County.  He stated that any questions relating to property assessments must be addressed to the Property Appraiser.  The Board has limited authority over the budgets of the Constitutional Officers of the Clerk of Court, Property Appraiser, Supervisor of Elections and Tax Collector.  The Clerk of Court is a “fee officer” whose charges are set by Florida Statutes.  The Property Appraiser and Tax Collector budgets are reviewed and approved by the State Department of Revenue, per Florida Statutes.  The Sheriff has the right to appeal any decision regarding his budget to the Governor and Cabinet.  

     Kevin Grace, County Manager, stated this is the final public hearing for the FY 2005/2006 budget.  He stated the first proposed 2005/2006 budget is balanced and maintains the same tax millage rate as the current fiscal year.  He said there is a budgetary risk for the FY 2006/07 with the FEMA reimbursements from last year’s storms.  The County is still waiting for reimbursement of $16 million.  The recent hurricanes in the Gulf could delay the receipt of those funds.  He stated the County has been assured that the County’s situation will not be affected by the hurricanes in the Gulf but it is a budgetary risk.  He stated the total proposed budget including rebudgeting items is $780,914,569. 

     Lisa Spriggs, Fiscal Services Director, addressed the Board to introduce Pattie Comings, Budget Manager, and Lin Polk, Principal Analyst.

     Lin Polk addressed the Board to read into the Record the following proposed millage rates:  General County Millage is 4.9989, which represents a 9.84% increase over the rolled-back millage rate of 4.5509; Environmental Sensitive Lands proposed millage is 0.0770; Trails Development millage is 0.1271; proposed millage for Fire/Rescue MSTU millage is 2.6334, which represent a 9.79% increase over the rolled-back rate of 2.3985; Unincorporated Road MSTU is 0.1228, which represents 10.33% increase over the rolled-back millage of 0.1113.  The proposed “aggregate” millage rate, exclusive of voted debt service millage, is 6.6934 which represents a 9.85% increase over the “aggregate” rolled-back millage rate of 6.0930.

     Ms. Spriggs informed the Board that Pages VI and VII of the proposed FY 2005/2006 and 2006/2007 Budget Book (received and filed) shows the summary of the tentatively adopted budget as approved by the Board at the first public hearing on September 14, 2005 of $623,962,823.  The adjustment column of $156,951,746 represents carry forward items for rebudgeted items from the FY 2004/2005 budget.  She stated carry forward items represent 2004/2005 appropriations in which a specific item or project will not be received or completed by September 30, 2005, which necessitates the carry forward of funding and reappropriation of expenditure of FY 2005/2006.  She stated the carried forward items are detailed by fund, type and department and are listed in the back of the proposed FY 2005/2006 Budget Book.  The carry forward appropriations for grant funding that are eligible for expenditures in the future totals $13,484,495.  Carry forward appropriations for Capital Equipment necessary for service delivery, that will not be received by September 30, 2005, total $2,932,692.  Carry forward appropriations of available balances for specific Capital Outlay projects that will not be completed as of September 30, 2005 total $140,534,559.  The appropriation adjustments for all carry forward items total $156,951,746 with a corresponding adjustment to grant revenue or beginning fund balance for the applicable funds.  The tentatively approved budget has been adjusted to include carry forward items and other proposed budget adjustments.

     Pattie Comings addressed the Board to read the proposed budget by fund type into the Record as outlined on Pages VI and VII of the Budget Book.

     Chairman Henley stated he recalls that this is the first time the rebudget items have been brought forward during this time of the year.  He stated that is normally done in December, but staff has made a concentrated effort to make that information available so the public could see the magnitude of the budget.

     John Horvath, 1004 Bradford Dr., addressed the Board to address the needs of the following major departments:  Sheriff and Jail expansion; Economic Development; Environmental Services; Public Safety; Administrative Services; and Public Works. 

     Chairman Henley stated the Board will hear throughout the year from the public regarding the needs of the County.  He stated they have more revenue without an increase of the millage rate due to the growth of the County.  It is the desire of the Board to maintain and improve the quality of life for all the citizens.

     Mr. Grace added the millage rate has been stable at the same rate for six or seven years and it is one of the lowest in the State of Florida.

     Commissioner Morris stated this is the strongest the County has been financially since he has been on the Board.  He stated there is a lot of “pat-on-the-back” to be done and the real proof is comparing Seminole County to other jurisdiction because the County continues to fall in the tax rates relative to what other jurisdictions charge.  He commended staff for the wonderful job they have been doing.

     Chairman Henley stated he feels it is important for this Board to attempt to meet the needs and wants of the citizens within the means they have been providing.  He stated creditability is one of the things the Board has had with the public or they would not have approved all the measures they have.  It is important for the Board to continue to be diligent in their role in supervising staff to see that they get the most for the money they have to work with.

     Mr. McMillan left the meeting at this time.

     Chairman Henley stated he feels the diligent work that is going into this will provide a great deal of improvements to the quality of life in this county. 

     Commissioner Morris commented on the commendable work and relationships with the Constitutional Officers.

     Commissioner Carey stated she feels they have a good financial team in place and a lot of good programs in place as well that will allow them to do long-range planning.

     Commissioner Van Der Weide congratulated the County Manager and his Deputy Managers for their efforts.

     Mr. McMillan reentered the meeting at this time.

     At the request of Chairman Henley, Ms. Polk reiterated the proposed millage rates.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt the Millage Levy Resolution #2005-R-179, as shown on page _______, for Fiscal Year 2005-2006.

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Budget Resolution #2005-R-180, as shown on page _______, for Fiscal Year 2005-2006.

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

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:25 p.m., this same date.

 

 

ATTEST______________________Clerk_____________________Chairman

cc/slm/er