BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 22, 2005

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, February 22, 2005, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

 

     Chairman Carlton Henley (District 4)

     Vice Chairman 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

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Pastor Jody McKewen, First Presbyterian Church, Sanford.

     County Attorney Robert McMillan led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-31, as shown on page _______, in memory of the late Robert (Bob) French, who served as Seminole County Commissioner from 1976 to 1980.

     Chairman Henley announced that the funeral service is 11:00 a.m. today at Collinson Family Funeral Home, Sanford.


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

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2005-R-30, as shown on page _______, proclaiming the month of March 2005 as “Purchasing Month”.

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

     Commissioner Morris presented the Resolution to Ray Hooper, Purchasing and Contracts Manager, and his staff; and expressed congratulations.

     Mr. Hooper stated his staff completed over 2,000 procurement actions last fiscal year with the estimated dollar value of $116 million.  In addition, they achieved a documented savings of over $12 million by using the competitive procurement process.  He announced that a Vendor Fair will be held on March 23 at 9:00 a.m. in the Commission Chambers in recognition of Purchasing Month.  He expressed thanks to the Board for the Resolution.

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2005-R-29, as shown on page _______, honoring Earnesto Raya, Information Technologies Senior Technician, for his military service to his Country.

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

     Commissioner Carey presented the Resolution to Mr. Raya, who expressed his appreciation and showed a video of his fellow US Navy Seabees that paid tribute to seven of the 32 in his unit who died in service.  In attendance with Mr. Raya was a fellow Navy Seabee, who was a Purple Heart recipient.  Mr. Raya, on behalf of his family, presented the Iraqi Flag to the Board.

     Chairman Henley expressed his thanks to Mr. Raya for his service and for sharing the video clip that brings home in a vivid way the price that the men and women are paying in that region of the world today to try to bring peace, freedom and democracy.  It is also mindful of the fact that America is a blessed nation that through history there have been men and women who were willing to stand up and pay the price if necessary.  He said what we have in America should not be taken lightly.  That is the right to speak out, freedom to move around and even freedom to dissent.  He said the Board appreciates those who have paid the supreme price to guarantee those rights to all Americans.

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     Commissioner Morris stated there has been a dramatic increase in traffic accidents involving vehicles and pedestrians across Central Florida, particularly in Seminole County within the last 18 months to two years.  Traffic and Public Safety experts are trying to pinpoint the reasons as to why the increases have occurred.  They are beginning to see a much coarser pattern of driver behavior and it is going to require a unified response.  Metroplan Orlando for the last few months has been moving forward its solution, which will be a series of actions that he and Commissioner Carey will brief the Board on as they work with the various governments around the Central Florida region. 

     Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-32, as shown on page _______, declaring March 2005 as Traffic Safety Month for Central Florida.

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

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     Michael Staley, SCC Dean of Economic Development & Employer Services, addressed the Board to give a PowerPoint presentation on the status of Seminole Community College’s Small Business Services.  He introduced the Small Business Advisory Board members in attendance:  Commissioner Carey; Kyle Kilger (phonetic), Chairman; Diane Crews, Airport Authority; Bill McDermott, Seminole County Economic Development; Dennis Dolgner, Port Authority; Martha Miller; Albert Franks (unable to be present); Jeff Triplett; Melissa Kink, Executive Director of the Oviedo Chamber; Michael Garlic, SCC Director of Marketing; and Oscar Martinez, President of Campus Systems.  He advised they have currently 12 members and are looking to have 14 members.  He thanked Wayne Hardy, one of the primary drivers for the success they have had.  He discussed the following topics:  Implementation; Outreach Program; Results-based Approach; Expansion of Services; Geographic Expansion; Port Small Business Center; SBS Services; and SBS Current Status.  A copy of the first quarterly report (Dashboard Report) was received and filed.

     Chairman Henley asked for the support data on which the Dashboard Report was based and asked how many small businesses go out of business. 

     Mr. Staley explained the data is tracked for a period of time, but it’s hard to keep track long-term if the business moves out of the area.  He advised in the short-term, the statistics show that businesses that start in Florida have a 70% chance of failing; however, if they participate in the incubators and SBDC activities, 70% of them succeed and are still in business five years later. 

     Whereupon, Chairman Henley said he would like to be provided in the future the names of those start-up businesses that survive.

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     Chairman Henley recessed the Board of County Commissioners meeting at 10:11 a.m. to convene the meeting of the Board, acting as the U.S. Highway 17-92 Community Redevelopment Agency.  He reconvened the Board of County Commissioners meeting at 10:14 a.m.

county manager’s Consent Agenda

     Colleen Rotella, Community Services Manager, addressed the Board to answer questions by Commissioner Carey regarding Item #10, Seminole County/Seminole Public Schools HUD/CDBG Subrecipient Agreement for Program Years 2003-2004 and 2004-2005. 

     Mark Flomerfelt, Roads-Stormwater Manager, addressed the Board to answer questions by Commissioner Dallari regarding Item #13, Change Order for Contract Agreement with the St. Johns River Water Management District for the Middle Basin Initiative; Little Econlockhatchee River Basin Evaluation and Lake Monroe Basin Watershed Plan Implementation.

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

Community Services

Community Assistance

 5.  Approve appointment of Todd Russell and Arthur Jackson to the Community Service Block Grant Advisory Board. 

 

Environmental Services

Solid Waste Management

 6.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Coniglio Construction, Inc. to perform commercial collection services of waste in the unincorporated areas of Seminole County.

 

Purchasing

 7.  Approve Ranking List; Authorize Negotiations, and Award PS-5172-04/AJR, as shown on page _______, Master Agreement for Consumptive Use Permit Assistance to PBS&J, Inc., of Orlando, Florida.

 8.  Approve Amendment #1, as shown on page _______, to RFP-4122-01/BJC – County Physician Agreement with Florida Physician Medical Group d/b/a Newman Family Medicine of Altamonte Springs, Florida (Increase NTE by $8,000.00).

 9.  Approve Amendment #3, as shown on page _______, to IFB-3059-02/GMG – Term Contract for the Purchase of FDOT 911 Limerock, with Bedrock Resources, Ocala, Florida (Price Increase) (Term Contract).

 

Planning & Development

Community Resources

10.  Approve and authorize Chairman to execute the Seminole County/Seminole Public Schools HUD/CDBG Subrecipient Agreement, as shown on page _______, for Program Years 2003-2004 and 2004-2005. 

11.  Approve and authorize the Chairman to execute Satisfactions, as shown on page _______, of Second Mortgage for the following households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program:  Joseph  David Bitton and Roberto Rivera & Ada B. Martinez. 

 

Public Safety

Emergency Management

12.  Approve and authorize Chairman to execute Memorandum of Understanding, as shown on page _______, between the Sanford Airport Authority and Seminole County for reimbursement of State Homeland Security Grant funds. 

 

Public Works

Roads-Stormwater

13.  Approve and authorize Chairman to execute a Change Order, as shown on page _______, for Contract Agreement #SE664AA between St. Johns River Water Management District (SJRWMD) and Seminole County for the Middle Basin Initiative; Little Econlockhatchee River Basin Evaluation and Lake Monroe Basin Watershed Plan Implementation to extend the date of completion to November 29, 2007. 

Traffic Engineering

14.  Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page _______, between Seminole County, the Seminole County Sheriff’s Office and The Springs Community Association, Inc. to enable the Sheriff’s Office to enforce regulatory signs within the subdivision.  

 

Tourism Development

15.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Seminole Soccer Club, Inc., in the amount of $25,000.

16.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Orlando-Cocoa ISA Softball Championship Events in the amount of $14,000.

 

Economic Development

Add-On

16A. Adopt the appropriate Resolution #2005-R-33, as shown on page _______, approving the issuance of industrial revenue bonds for the purpose of financing the costs of acquiring a 64-unit intermediate care facility for the developmentally disabled and paying certain expenses occurred in connection with the issuance of the bonds, Fern Park LLC.

 

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

 

County Attorney’s Consent Agenda

 

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

Property Acquisition

17.  Approve and execute Purchase Agreement, as shown on page _______, for Parcel Identification Number 143, C-15/Elder Creek (Ponds) improvement project, Macel E. Lee and Dianne Gazil property located at 4024 School Street, Lake Monroe, in the amount of $466,000.00, inclusive of attorney fees and costs.

18.  Adopt appropriate Resolution #2005-R-34, as shown on page _______, rescinding previous resolutions relating to the Lake Drive road improvement project for which acquisition is complete.  All property needed for this project listed in this Resolution has been acquired through donations, purchase agreements or litigation.  Adoption of this Resolution is requested in order to clear title for property not needed by the County for the respective project listed in the previously adopted resolutions.

19.  Authorize Binding Written Offer/Offers of Judgment relating to the Eden Park Avenue road improvement project for Parcel Numbers 104 (John R. & Barbara B. Ivey), 112 (Walter S., Jr. & Diana R. Creamer), and 114/714 (Arco International, Inc.).

20.  Authorize Binding Written Offer/Offers of Judgment relating to the Bunnell Road road improvement project for Parcel Numbers 114 (Mark Sanville), 115 (Johnnie F. Murray), 728 (Ruth Creamer), 736/737 (Florida Conference Association of Seventh Day Adventists), 140 (Loyless Dagg & Lisa D. Acton) and 145/745 (The Pantry fka Lil Champ Food Stores, Inc.).

 

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

 

Constitutional Officer’s Consent Agenda

 

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

Clerk’s Office

21.  Expenditure Approval Lists, as shown on page _______, dated January 24 & 31, 2005.

 

22.  Official Minutes dated January 25, 2005.

 

23.  Noting, for information only, the following Clerk’s “received and filed”:

 

 1.  Legal Services Agreement, as shown on page _______, with Cobb & Cole per Board approval on December 14, 2004.

 

 2.  Basic Contract M-475-04, as shown on page _______, with Crom Engineering & Construction.

 

 3.  Work Order #9, as shown on page _______, to RFP-4123-01, Atlas Scientific Technologies, Inc.

 

 4.  Work Order #1, as shown on page _______, to PS-5169-04, Bowyer-Singleton & Associates, Inc.

 

 5.  Memorandum to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfer in the amount of $336,478 for the Criminal Justice Center Project.

 

 6.  Satisfactions, as shown on page _______, of Connection Fees for the following projects:  Monroe Commerce Center West, Phase 3; Wayside Estates; Bear Gully Forest; and Heathrow Tract 8 – Clubside @ Heathrow.

 

 7.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the project known as Sanford Cadillac – Sonic Development LLC.

 

 8.  Letter of acceptance and Bill of Sale, as shown on page _______, for water and sewer for the project known as Astor Farms, Phase 3.

 

 9.  Amended Notes and Mortgages, as shown on page _______, submitted to the Record for the following:  Flossie M. Ward, Eulace P. Carter, Frances M. Richardson, Edna M. Gordon f/k/a Edna M. Harris, Jose Charon & Isabel Charon, Patricia R. Holiday, and Juanita Collins.

 

10.  Basic Contract M-476-05, as shown on page _______, with Connect Consulting, Inc.

 

11.  Change Order #1, as shown on page _______, to CC-1233-04, Cathcart Contracting Company.

 

12.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the project known as Walgreens - K&B Associates XII, LLC.

 

13.  Conditional Utility Agreement, as shown on page _______, for Water Service with Dix Ventures, Inc.

 

14.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with BW Plaza, LLC and Suncor Properties, Inc. (Regal Point Park, Lots 3 and 4).

 

15.  Letter of acceptance, Bill of Sale and Warranty Deed, as shown on page _______, for the project known as AK Business Center.

 

16.  Amendment #1, as shown on page _______, to Work Order #10 for PS-5150-03, Water & Air Research, Inc.

 

17.  Work Order #27 and #28, as shown on page _______, to PS-5130-02, Nodarse & Associates, Inc.

 

18.  Second Amendment, as shown on page _______, to Agreement CC-1188-02 with One Source Roofing, Inc.

 

19.  Private Road Maintenance Bonds in the amount of $14,311.89, as shown on page _______, for Lake Forest Section 13A and in the amount of $92,966.80, as shown on page _______, for Lake Forest Section 14.

 

20.  Private Road Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $61,778 for Hill Top Subdivision, Phase 2, (Mills Cove).

 

21.  Maintenance Bonds for water and sewer in the amount of $23,311, as shown on page _______, for AK Business Center, Phase 1 & 2, and in the amount of $59,120, as shown on page _______, for Colonial Town Park, Phase 1 & 2.

 

22.  Basic Contract M-471-04, as shown on page _______, No-Abuse, Inc.

 

23.  Amendment #1, as shown on page _______, to Work Order #6 for RFP-484-00, LA Consulting, Inc.

 

24.  Work Order #5, as shown on page _______, to Change Order #1 for CC-1215-03, Gibbs & Register, Inc.

 

25.  Term Contract, RFP-4228-04, as shown on page _______, with Mansfield Oil Company.

 

26.  Memorandum to Jerry McCollum, County Engineer, from Henry M. Brown, Assistant County Attorney, regarding Direct Pay Request, Seminole County v. 7-Eleven, et al.

 

27.  Amendment #1, as shown on page _______, to Work Order #9 for RFP-4123-01, Atlas Scientific Technologies, Inc.

 

28.  Bids as follows:  RFP-4234-04 Best and Final Offers; #2011-05; #2112-05; IFB-3099-05; and IFB-3102-05.

 

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

 

Legislative Update

     DCM Sally Sherman addressed the Board to report that Senator Constantine and Representative Mealor both filed bills regarding Deferred Compensation as SB 1254 and HB 787 (copies received and filed in the agenda packet).   

     Ms. Sherman stated the Congressional Delegation meeting dealing with hurricane debris was held on February 16 in Washington, D.C.  She attended that meeting and said the County is already feeling some of the success from that meeting.  FEMA has been in constant contact with the County staff, and the County will begin realizing some of the reimbursements.  Staff has drafted a letter for the Chairman’s signature thanking Congressman John Mica who did a fantastic job of articulating the local needs.   She has provided a copy of the hurricane issues (received and filed) that was distributed at the Delegation meeting.

     Ms. Sherman further reported that the Seminole County Legislative Delegation Day was held and was successful.  Senator Baker agreed to write a letter to FEMA, and staff has drafted a letter for the Chairman’s signature, dealing with debris and reimbursements to the County.

     Upon inquiry by Chairman Henley, Ms. Sherman advised the County has received to date $180,000 of the $33 million for debris.  She said $22 million has been approved.  The County has received $1.3 million for overtime for the Sheriff’s Department.

     Upon inquiry by Commissioner Morris about the private fire hydrants, Assistant County Attorney Steve Lee addressed the Board to advise Eric Thorn has worked out some language with the interest groups involved with Representative Carroll.  The committee meeting is upcoming soon when they will talk about inserting that language in the existing bill already filed.  He doesn’t believe this has been discussed with Senator Miller yet as he was out ill.  Whereupon, Chairman Henley said he will follow up with Mr. Thorn on this. 

     Commissioner Morris asked if the staff had seen the new bill filed on Growth Management.  He said, apparently, DCA is going to step out of the way and the Governor’s Office is going to take over the Growth Management issue.  Ms. Sherman said she had not seen a copy since the one provided two weeks ago.  Commissioner Morris said he received a copy of this new bill last week.  Whereupon, Commissioner Dallari stated he would provide a copy of it to Ms. Sherman.

     Upon inquiry by Commissioner Van Der Weide, Ms. Sherman said she learned this morning that there is another bill on funding the trauma center, but she does not have the information yet.  Mr. Lee advised there are three or four separate bills with separate sponsors on this issue.

     Commissioner Carey noted she thinks they had a good turnout at the hosted dinner on February 15.  She thinks everyone had the opportunity to talk about some of the issues.  She thanked staff for coordinating that and the Commissioners for attending.

     Commissioner Morris thanked the Cities and School Board for their attendance as well.  He thought it was a nice gathering and was successful.  He complimented the staff also and asked that they relay thanks to the consultants for hosting the event.

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     Chairman Henley recessed the meeting at 10:30 a.m. and reconvened it at 10:39 a.m.

Regular Agenda

     Matt West, Planning Manager, addressed the Board to request approval of a reduction to the Code Enforcement Lien on the property located at 238 Jones Avenue, Sanford, Florida, (AmSouth Bank new owners through foreclosure, Joe Brooks, previous owner) Case No. 04-27-CEB, and authorize Chairman to execute Satisfaction of Lien.  He said staff is recommending the lien be reduced to $791.07, the administrative cost to process the case, and it is to be paid in 30 days or the lien will revert to the original amount.

     Commissioner Morris discussed with Mr. McMillan if other lien holders (mortgage holders) are notified when the County liens a property.  Commissioner Morris said this is something staff might want to look into to facilitate these matters.  Mr. McMillan stated staff can look at notifying other major lien holders.

     Commissioner Carey stated she has had discussions with staff about how they determine the administrative cost.  She said they are working on coming up with a formula.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve a reduction to the Code Enforcement Board lien from $19,300.00 to the estimated administrative cost of $791.07 for processing Case #04-27-CEB and require these costs to be paid within 30 days or the lien will revert back to its original amount of $19,300.00; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.

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

     Commissioner Morris said he thought they had some type of action relative to wiping out the liens and maybe they should take a formula-driven reduction.  He said the problem is the underlying landowner did not take care of the problem and people had to suffer with the problem.  That doesn’t take away the damage that was done.  He asked if it is possible for staff to think about that.  Mr. Grace said staff can work on a better formula for recapturing the County’s cost, like Commissioner Carey talked about.  He said staff will bring back to the Board some options.

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     Gary Johnson, Public Works Director, addressed the Board to

request authorization to proceed with Streamlined Contracting and Budget Transfer Processes for Hurricane-Related Restoration Projects funded by the Natural Resources Conservation Service.  He said the projects need to be completed by June 1.  With concurrence from the Board, staff will be opening bids next week and hopefully have the projects under way in a short time, rather than having to come back to the Board each time for each separate award and process. 

     Commissioner Morris inquired about the Lockhart-Smith Canal Erosion Control Project and said he remembers the numbers being higher than $70,000. 

     Whereupon, Mark Flomerfelt stated this is a small segment of the project included in this request, from SR 46 north to Hickman Drive area.  He explained the property owner did not want to sign a permission to enter form for the other project under design to go from Rinehart, so they dropped that and began on the northern section.  He advised Commissioner Morris that Soldiers Creek was not included as it was not in the initial group.  Commissioner Morris said that would seem to affect a lot of natural lands and floodprone areas.  Mr. Flomerfelt and Mr. Johnson said they would take a look at Soldiers Creek. 

     Mr. Johnson advised Commissioner Dallari that if they can’t get access to the piece of property named, then it won’t be done.  Mr. Flomerfelt reported on the acquisitions that staff went to court last week and gained two parcels and one parcel was condemned.

     Commissioner Dallari said he wants to make sure staff is moving forward to clean up the area as that could cause large flooding.  Also for some of the canals and streams, that staff is actually going through and moving debris that is hindering the flow of water.

     Mr. Flomerfelt and Ed Torres explained to Commissioner Morris what materials will be used when regrading.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to authorize staff to proceed with streamlined contracting and budget transfer processes for hurricane-related restoration projects funded by the Natural Resources Conservation Service, as follows:  (1) approve and authorize a two-week advertisement period from availability of final plans and specifications for solicitation of competitive bids for the Emergency NRCS funded projects pursuant to FS 255.0525(2) (5)(a) and (5)(b), with advance advertising of preliminary scopes and mailing of bid solicitation notices whenever feasible; (2) authorize the Chairman to execute contract awards for these projects in priority order, subject to each project contract award being made to the apparent lowest responsible, responsive bidder, and provided that adequate funds are available within the total $6,988,000 allocated funding; and (3) authorize the Chairman to execute any budget change requests not allowed under County Manager authority in Resolution 2002-R-94 which may be necessary for the Emergency NRCS funded projects so long as the total budget allocations within the CIP Family #002336XX do not exceed $6,944,000.

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

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     Lisa Spriggs, Fiscal Services Director, addressed the Board to request adoption of Resolution related to the issuance of the remaining $6.1 million of the original $25 million voter approved referendum November 7, 2000, for the purchase of environmentally sensitive lands and the construction of trails, greenways and blueways. 

     Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-35, as shown on page _______, authorizing the issuance of the remaining $6.1 million Limited General Obligation Bonds, Series 2005, of the original $25 million voter approved referendum November 7, 2000, for the purchase of environmentally sensitive lands and the construction of trails, greenways and blueways.

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

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     Ms. Spriggs updated the Board on the Water and Sewer Revenue Refunding Bonds, Series 2005, and Municipal Market Data (MMD) Rate Lock proposal by Bank of America, Senior Manager.  She stated staff is recommending the resolution is in tact for approval today so they can go to the negotiating sale.  She advised that Bond Counsel, John Stokes, distributed the updated resolution (copy received and filed) today.

     Mr. Grace explained that all the documents are together in the resolution and are ready to go, if the Board is comfortable and approves all those today.  Staff can proceed with the Resolution rather than the rate lock.

     Upon inquiry by Commissioner Carey, Gary Akers, Financial Advisor, stated the Resolution does not speak to the rate lock.

     Upon inquiry by Commissioner Van Der Weide, Mr. Akers said they expected to come back to the Board on March 8, but if they can expedite and get to the market earlier, it would make sense to do so.  They are trying to get the minimum savings level of 3%.

     Ms. Spriggs explained the market did decline and is now at the 3.6% savings without the rate lock.  The updated Resolution is to proceed with the bond issue.

     Mr. Akers advised Commissioner Morris that the updated Resolution is for the refunding of the 1999 bonds provided they get the 3% minimum savings, and without the 3%, there won’t be a bond issue.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-36, as shown on page _______, authorizing the refunding of the 1999 Water and Sewer Revenue Bonds, and authorize the Chairman, Vice Chairman and County Manager to proceed on the bond issue and sale based upon the limitations (3% minimum savings) therein.

     Under discussion, Commissioner Morris said he doesn’t see any reason to move forward with the rate lock.

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

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     Mr. Akers stated that since the savings has declined, especially in the past week, if they pay the premium out of the bond issue, they would not reach the 3% savings threshold, so they could not do that as it would not make sense.  The resolution offers the alternative that, if at some point it makes sense in the future to enter into the rate lock, then the Board could adopt that.  He said at this point, it is not financially feasible on the rate lock.

     Scott Harris, Bank of America representative, addressed the Board to explain the rate lock proposal.  A booklet on the MMD Rate Lock Discussion and MMD dated February 22, 2005, were received and filed.

     Mr. Grace said the Board has to understand there are risks involved if they go to the rate lock.

     Mr. Harris explained how the rate lock works, stating the County would be buying an insurance premium against the rising interest rates.  The risk is the issuance of the bonds.  If the County enters into the transaction and for some reason the bonds are not issued and rates fall, there would still be a payment.  Commissioner Morris added if the County chose not to do anything at all, they would still be paying an insurance premium.

     Commissioner Van Der Weide said he doesn’t see a whole lot of clear cut enthusiasm by the financial advisors.  He asked for the opinion of Mr. Grace.

     Mr. Grace said he’s not comfortable with the rate lock; he thinks it is risky. 

     Mr. Akers said they are talking about minimal savings where the rate lock won’t work today, and if it does work next week, the County would pay out anything above 3%.  That’s his concern.

     The consensus of the Board was to take no action on the rate lock.

County Manager’s Briefing

     Jamie Croteau, Administrative Services Director, addressed the Board to request Board direction on revising rates in the Seminole County Towing and Transport of Vehicles Ordinance, and amending Ordinance Number 2000-19.  Ms. Croteau stated the current rates have been in effect since the Year 2000.  Staff is recommending a $12 increase to the maximum nonconsensual and trespass tow rate for a total of $112.  Staff is also recommending a decrease in the mileage from 15 miles to 10 miles before the mileage charge can occur. 

     Commissioner Van Der Weide stated that historically, if they look at the relationship of the citizens with the towing companies, the State law had to step in.  He thinks they have come a long way to solving the problem they had.  This is obviously a situation where costs have crept up because of fuel charges.  He asked if that is the reason staff is suggesting changing the mileage to after 10 miles instead of after 15 miles for the mileage charge.

     Ms. Croteau said when the request came in, it was about insurance and fuel costs.

     Commissioner Morris said he agrees with the staff recommendation to make the rate and mileage changes accordingly.  He also thinks the County is out of whack on the $15 a day storage cost versus $20 a day which is what the surrounding counties are recommending.  He said the only other option would be to get that up to $20.

     Commissioner Van Der Weide said he thinks things have improved drastically.  This is another case where government has had to step in because of some outlaws in the business, but on the other hand, look at the irony of this.  He knows AAA can get this done a whole lot less and there are other people who can get this done for a whole lot less.

     Commissioner Dallari clarified that this is for nonconsensual towing and is to keep the roads free of cars abandoned along the roads.

     Ms. Croteau said this is for incapacitated or unavailable owners or those not known.  

     Commissioner Van Der Weide made the motion and Commissioner Carey seconded to approve the staff recommendation.  Whereupon, Mr. Grace advised this will come back before the Board for action; this is just a briefing today by staff, and no motion is needed.

     Commissioner Morris asked if Commissioners Van Der Weide and Carey would concur with the increase to $20 per day for storage, but the Commissioners said they would only support the staff recommendation at this time.

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     Suzan Bunn, Tourism Development Director, addressed the Board to give an update on the Tourist Development Council’s 2004/05 Marketing Plan.  She gave a PowerPoint presentation (not received and filed) on the following topics:  Tourism Department Structure; Who Sells Seminole County?; State of the Industry Revenue/Budget, Occupancy/ADR; Focus Group Research; New Marketing Direction; Corporate Business Travelers; Small Meetings; Sports Events; and Other Markets.

     Upon inquiry by Commissioner Van Der Weide, Ms. Bunn said she is working the chamber on the Bike Week event. 

     Commissioner Dallari questioned Mr. Grace why the agenda packets are due on Wednesdays and this information came to the Board on Friday.  He said the Board for the past month or two has been asking Mr. Grace that all information from staff be put together at the same time.  He said he expects that in the future, this does not happen. 

     Ms. Bunn answered questions by Commissioner Dallari concerning plans to increase hotel capacity, the Meeting Guide, showing Seminole County as a small meeting place, the return of investments on sporting events, and the economic impact on international travel.  She said she will provide the specific figures of the sporting events to Commissioner Dallari.

     Commissioner Morris stated he was pleased to see the beginning of changes that reflect what the Board has asked for as far as focus on the business traveler.  He discussed re-publication of the 2004 Meeting Guide and said he had found several errors.  He said the Board wants to assist Ms. Bunn and would be happy to help her if she lets them know of the need.  He said the Board could help her in getting a domestic terminal at the airport.  He asked that Ms. Bunn report back to him on being included in Starport.

     Commissioner Carey stated as liaison Commissioner to the airport, she has not been asked, but would be happy to help with the domestic terminal.  She said there has not been a good job done to get the message out about Seminole County.  She advised the new facility at the zoo is being constructed with a room to have small meetings.  She gave some other suggestions for Ms. Bunn to look into.

     Commissioner Morris asked what happened to the idea of having a video of the local attractions that would be viewed in hotels.  Ms. Bunn said she thinks that is a great opportunity and she could report back to the Board on that.

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     Chairman Henley announced that the next Briefing item, Land Development Code Update, will be deferred to this afternoon’s meeting.  

COUNTY MANAGER’S REPORT

     Mr. Grace advised that staff has a request for continuance for Item #34, Rezone/Charles W. Clayton, Jr., to March 8, 2005 at 1:30 p.m.  The applicant requested a continuance to March 22 for Item #37, Large Scale Land Use Amendment for Mikler Shoppes and Rezone/Javier E. Omana.  The applicant for Item #32, Appeal of the Board of Adjustment’s decision/Richard and Jay Shirah/Earthcom, Inc., is asking the Board to deny their application without prejudice at the scheduled hearing time.  Mr. Grace said if the Board has no objections, staff will try to notify citizens of the two continuances.

     Mr. West advised he is trying to contact the applicant for Item #37 as there is concern about who made the request.

     Mr. McMillan explained staff is not sure the request for continuance was from someone authorized to make such request and that needs to be verified.

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     The Chairman recessed the meeting at 11:59 a.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

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

     Districts 1, 3, 4 and 5 voted AYE. 

PUBLIC HEARINGS

APPEAL AGAINST BOA,

RICHARD & JAY SHIRAH/EARTHCOM, INC.

 

     Continuation of a public hearing to consider an Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to establish a 194-foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and associated variances from 582 feet to 60 feet; 582 feet to 230 feet; 582 feet to 270 feet; 582 feet to 450 feet and 582 to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings, for property at 4056 Gilder Rose Place, as described in the proof of publication, Richard & Jay Shirah/Earthcom, Inc. 

     Planner, Kathy Fall, addressed the Board to advise the applicant has requested the Board deny the request without prejudice so that they can reapply within a year.  Copy of email from Richard Shirah was received and filed. 

     Chairman Henley noted that a denial of this item would be a reversal of the Board of Adjustment’s approval. 

     Commissioner Morris entered the meeting at this time. 

     District Commissioner Morris stated there have been repeated delays on this item because of the change in ownership of the company and he would rather deny this request outright and see the applicant get reorganized and start over again. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to deny with prejudice Appeal, thereby, overturning the Board of Adjustment’s decision to approve the request for a Special exception to establish a 194-foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and associated variances from 582 feet to 60 feet; 582 feet to 230 feet; 582 feet to 270 feet; 582 feet to 450 feet and 582 to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings, for property at 4056 Gilder Rose Place, as described in the proof of publication, Richard & Jay Shirah/Earthcom, Inc. 

     Under discussion, District Commissioner Morris stated the number of variances requested are very unusual. 

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

APPEAL AGAINST BOA,

NATIONAL ADVERTISING CO./GLENN N. 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 uphold the Planning Manager’s denial of the reconstruction of a non-conforming outdoor advertising sign in the A-1 District National Advertising Co., received and filed. 

     Planner, Earnest McDonald, addressed the Board to present the request, showing photographs of the billboard in its various stages of repair.  He reviewed the history of the property, advising the billboard was damaged during last year’s hurricanes and subsequently dismantled for repairs.  A stop work order was issued by the County and the Planning Manager informed the appellants of the billboard’s nonconformity in the A-1 District and the inability to replace or repair the structure.  He said that upon visual inspection, the sign appeared to have more than 50% of its components damaged.  The appellants continued to reconstruct the sign and were provided 30-days to remove it or the matter would be referred to the Code Enforcement Board.   He further advised that the staff has determined the billboard was issued a DOT permit in 1969, the year when the State began regulating outdoor advertising signs.  Subsequent amendments to the code rendered the existing sign a nonconforming use.  The appellants allege that by virtue of the executive order authorizing emergency repair/replacement/restoration of structures damaged by Hurricane Charley, the subject billboard was legally repaired and/or replaced.  They also assert that billboards are allowed in any non-residential zoning district under a code section that is irrelevant to determining the conforming status of the billboard in question since the same is not a part of an approved billboard agreement.  He advised Part 7, A-1 (Agriculture District) of the LDC prohibits the establishment of outdoor advertising signs and staff has determined that this is a nonconforming sign and therefore, recommends upholding the Board of Adjustment affirmation of the Planning Manager’s denial of the reconstruction of a nonconforming outdoor advertising sign in the A-1 District. 

     Attorney William McCormick, representing the appellant, addressed the Board to distribute a notebook of information (received & filed) regarding this appeal.  He clarified that they are not making any arguments with regard to any authority by the emergency order from the hurricane.  He said they are only appealing the Planning Manager’s determination that the billboard is not permitted in an A-1 zone.  He discussed the County’s sign regulations and the permitted uses under the A-1 Agriculture District, stating billboards are not specifically listed as permitted or prohibited; therefore, he believes it leaves open the possibility that if a use is not listed, then it’s a permitted use.  He cited Section 30.1253(d), Outdoor Advertising Sign Agreements in Ordinance #2003-20, which states, “Notwithstanding anything to the contrary elsewhere in this Code, except as found in Section 30.1253(b), outdoor advertising signs may be permitted in any non-residential zoning district...”.  He said A-1 is a non-residential district, and therefore, the billboard should be allowed.  He further said they believe the sign is conforming and is permitted in the A-1 District. 

     Chairman Henley stated three Commissioners present today were on the Board when Ordinance #2003-20 was adopted and know what the intent of Section 30.1253  is. 

     Upon inquiry by Commissioner Morris, Attorney McCormick advised the information brought up by staff (more than 50% of the sign was rebuilt) is not what is before the BCC at this time.  He further advised the issue is if this is a conforming use under the A-1 District.  He added that the extent of the damage will be presented before the Code Enforcement Board and they will dispute that more than 50% of the sign was destroyed. 

     County Attorney, Robert McMillan, advised after the first Board of Adjustment meeting a series of issues got tangled together.  He said issues such as whether the sign was more than 50% destroyed, failure to pull a building permit, and violation of a Stop Work Order are not before the Board at this time.  He further said that what is before the Board is the Planning Manager’s determination that this is a nonconforming sign in an A-1 District. 

     Attorney McCormick concurred with Attorney McMillan’s statement. 

     Commissioner Morris stated the section cited by Attorney McCormick is specifically for outdoor advertising sign agreements which the Board specifically set aside in order to negotiate with the industry to take signs down and he feels that is a completely separate issue.  He said, in this case, there is no sign coming down and no replacement going up. 

     Attorney McCormick argued that nevertheless, the BCC made a decision that billboards are a permitted use in the A-1 District.  Discussion ensued. 

     Attorney McMillan concurred with Commissioner Morris, stating that with regard to Section 30.1253, only if a billboard agreement is entered into, the Board could authorize a sign in a zoning district in which they were otherwise prohibited and that would only be if the Board found a public interest in exchanging and taking down other signs.  He added this is the clear understanding of Section 30.1253.  He further stated that in this case there is no billboard agreement and that is the only time there can be a billboard in an A-1 District. 

     Attorney McCormick cited a case which was included in his information book under Tabs 9, 10, 11 & 12. 

     Commissioner Van Der Weide advised he also was on the Board when Ordinance #2003-20 was adopted and he disagrees with Attorney McCormick’s interpretation. 

     Quentin (Bob) Bertel, President of the Markham Woods Association, addressed the Board to state the Association has been involved in the removal of all billboards in this area and would request the Board deny the appeal. 

     Copy of Speaker Request Form was received and filed. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to deny the Appeal, thereby, upholding the Board of Adjustment’s affirmation of the Planning Manager’s denial of the reconstruction of a nonconforming outdoor advertising sign in the A-1 (Agriculture District), 1675 Dixon Road, as described in the proof of publication, National Advertising Company/Glenn N. Smith; Decision on Appeal, as shown on page ________. 

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

REQUEST TO REZONE FROM A-1

TO PUD, CHARLES W. CLAYTON, JR.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance approving proposed Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) and PUD Preliminary Master Plan on approximately 23 acres located at the southwest corner of SR 417 (Central Florida Greenway) and SR 426 (Aloma Avenue), Charles W. Clayton, Jr., received and filed. 

     Planner, Tony Matthews, addressed the Board to advise the applicant is requesting a continuance to March 8, 2005.  Copy of e-mail from Ted Buckley regarding same was received and filed. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to continue until March 8, 2005, at 1:30 p.m., or as soon thereafter as possible, consideration of a request to Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) and PUD Preliminary Master Plan on approximately 23 acres located at the southwest corner of SR 417 (Central Florida Greenway) and SR 426 (Aloma Avenue), as described in the proof of publication, Charles W. Clayton, Jr. 

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

BOAT DOCK REGULATIONS ORDINANCE

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Boat Dock Regulations Ordinance amending the Seminole County Land Development Code, received and filed. 

     Planning Manager, Matt West, addressed the Board to advise this is the second of two public hearings on this issue.  He added staff is recommending approval. 

     No one spoke in support or in opposition. 

    

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2005-5, as shown on page _______, amending the Seminole County Land Development Code regarding boat dock regulations, as described in the proof of publication. 

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

COUNTY MANAGER’S BRIEFING, CONTINUED

     Principal Coordinator, Alice Gilmartin, addressed the Board to introduce the County’s consultant, Lee Einsweiler of Duncan/Associates. 

     Lee Einsweiler addressed the Board to brief the Board and receive direction with regard to the Land Development Code Update. 

     Commissioner Dallari left the meeting at this time. 

     Mr. Einsweiler briefly reviewed the process the staff is doing with regard to going through the Development Advisory Board (DAB) and then presenting changes to the BCC. 

     Commissioner Dallari reentered the meeting at this time. 

     Mr. Einsweiler explained that for today’s briefing, he would like direction from the Board as to whether they want staff to pursue the list of 14 changes that are included in the Agenda Memorandum. 

     Commissioner Van Der Weide stated that under Item #5, Religious Institutions in residential and rural district, it looks like they are trying to restrict the size of churches and he is against that. 

     Chairman Henley concurred with Commissioner Van Der Weide, stating he cannot support Item #5. 

     Ms. Gilmartin advised the intent is to apply this to the rural area only and staff is looking to regulate the scale of only accessory uses of churches, such as day cares and schools. 

     Chairman Henley stated churches look at their day cares and schools as part of their ministries. 

     Mr. West stated it appears the Board’s consensus is to not have staff spend any more time on Item #5; therefore, that item will be removed from the list. 

     A brief discussion ensued with regard to Item #1, Increased Administrative Authority.  The Board agreed to move this item forward with further explanation from staff to the Board of specific modifications. 

     The Board voiced no objections to moving forward with Item #2, Overlay Design Standards for County Roadways. 

     Under Item #3, Lot Size Averaging, Chairman Henley stated he does not agree with this proposed modification if it is used to increase density without criteria. 

     Mr. Einsweiler advised that many developers cannot meet the density because of the lot area standards.  Whereupon, the Chairman stated that if some criteria is included, he would not have a problem with it. 

     Discussion ensued with regard to Item #4, Accessory Dwelling Units.  Commissioner Morris stated he is totally opposed to this revision. 

     Commissioner Van Der Weide said he would not want these units to be rental units; and if that cannot be regulated, he would also oppose this item. 

     Chairman Henley said he believes this would open up a big can of worms. 

     The Board, by consensus, agreed to delete Item #4 from review. 

     With regard to Item #6, Home Occupation, Commissioner Morris advised DCM, Don Fisher, has done some work on this and the Board may want to be briefed by him prior to moving this item forward.  The Board voiced no objections. 

     Discussion ensued with regard to Item #7, Parking Lot Landscaping.  Commissioner Morris said he does not hear anyone complaining about this; although, he would not have a problem bringing this back with a little more flexibility built in. 

     Commissioner Carey stated she would like to see more drought-tolerant plants used. 

     The Board voiced no objections to moving forward the following:  Item #8, Improve Consistency of Buffers; Item #9, Reduce Monotony of Walls & Fences; and Item #10, Create a Land Clearing Permit for use in the East Rural Area. 

     Under discussion of Item #11, Approach to Design Standards, Commissioner Carey suggested having some flexibility by providing a list of standards and letting the developers pick and choose which items they will do. 

     Commissioner Van Der Weide stated he agrees with being able to have flexibility. 

     The Board voiced no objections to moving Item #12, Improve Nonconforming Provisions, forward for staff review. 

     With regard to Item #13, Stormwater Pond Fencing, Commissioner Dallari stated he would like to see staff look at PVC fencing. 

     Discussion ensued with regard to Item #14, Water Conservation Issues.  Commissioner Dallari said he would like to see if property owners using surface water as a form of reuse could be allowed. 

     Commissioner Morris indicated he agrees with the first requirement listed that 100% of landscaping does not have to be irrigated.  However, he does not agree with the water use zone requirements for plants. 

     Attorney McMillan pointed out that the Board has had a tendency to try to deal with conditions placed on the County’s utility operations as if they are development regulation concerns rather than dealing with those conditions as conditions on utility customers.  He said the Board needs to keep in mind that these conditions should be for utility customers and not put in the Land Development Code. 

CHAIRMAN’S REPORT

     No report. 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey thanked staff on a job well done in preparing for the Annual Awards Luncheon and the State of County event. 

     Commissioner Dallari concurred with Commissioner Carey and noted that the Legislative Session in Tallahassee also went well. 

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          Commissioner Dallari referred to an article (copy received & filed) in the Orlando Sentinel highlighting the County’s efforts to showcase local artists in County facilities. 

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     Commissioner Dallari briefly discussed a letter (received & filed) received from Oviedo City Manager, Jerry Seeber, regarding opportunities for cooperative projects in the City.  He advised that the City is also asking for assistance on SR 426/CR419 improvements and they have written Congressman Tom Feeney (copy of letter received & filed) asking for funding for same and for other City improvements. 

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     Commissioner Morris thanked all who attended the groundbreaking for the Kids House.  He also thanked the Board for their continued support of same. 

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     Commissioner Morris complimented the Chairman on his State of County speech and the entire Board for their efforts in Tallahassee during the Legislative Session. 

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     Commissioner Morris noted that March is Traffic Safety Month and the MetroPlan will be working with area officials and law enforcement to propose solutions to improving safety.  He advised there is a meeting scheduled on March 10 at 2:00 p.m. at the Citrus Bowl offices on this issue, and he invited all Commissioners to attend. 

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     Commissioner Van Der Weide noted he attended the last meeting of the Port Authority. 

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     Commissioner Carey briefed the Board of a recent discussion she had with the City of Sanford officials regarding the Joint Participation Agreement with the City.  She said she would like to come up with a solution on this. 

     Mr. Grace advised he will meet with Commissioner Carey and fully brief her on this item. 

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     Commissioner Morris advised he will be attending meetings with the Cities of Casselberry, Longwood and Winter Springs to discuss infrastructure issues related to the trails. 

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     Commissioner Carey reported that there will be a Rural Lands meeting held at Oviedo High School on February 24, 2005 at 6:30 p.m. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Memorandum dated 2/11/05 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into County Records.

 

 2.  Copy of letter dated 2/10/05 to Steven Mason, Esq. from Stephen Lee, Deputy Co. Attorney, re: Seminole Co. Public Decency Ordinance.

 

 3.  Letter dated 2/08/05 to BCC from Fla. Department of Children & Families, re: Changes within the Economic Self-Sufficiency Services Program.  (cc:  Co. Manager, Deputy Co. Managers, Community Services Director, Sheriff Office)

 

 4.  Letter dated 2/09/05 to BCC from Robert Hyres, John Jennings, and Tom Dolan, Waste Pro, re: Thank you for awarding Solid Waste & Recycling Agreement.  (cc:  Co. Manager, Deputy Co. Managers, Solid Waste Manager)

 

 5.  Notice of Public Hearing to consider appeal of denial of a conditional use for City of Sanford on February 8, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Manager)

 

 6.  Letter dated 2/5/05 to Chairman from Jaryn Emhof, Legislative Assistant, Office of Senator Daniel Webster, re: Receipt of Commissioner’s opposition to SB620.  (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Co. Lobbyist)

 

 7.  Notice of Public Hearing to consider conditional use for City of Sanford on February 17, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Manager, Support Services)

 

 8.  Copy of memorandum dated 2/07/05 to Commissioner Dallari (with attachments) from Tom Daly and Mike Oliver, Centex Homes, re: Palm Valley.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

 9.  Copy of letter dated 2/07/05 to Commissioner Carey (with attachments) from Jeanne L. Gold, Executive Director, Safehouse of Seminole, re: Response to Safehouse of Seminole letter.

 

10.  Memorandum dated 1/14/05 to BCC (with attachments) from Lisa Spriggs, Fiscal Services Director, re: Budget Change Requests approved by Co. Manager, Fiscal Services Director and financial transactions approved by the BCC.

 

11.  Copy of letter dated 2/07/05 to Larry Dale, President, Seminole Co. Wildlife Association, Inc. (with attachments) from Kevin Grace, Co. Manager re: Cameron-Thrasher property/Boar’s Nest Hunt Camp.

 

12.  Letter dated 1/31/05 to BCC (with attachment) from John Saboor, Executive Director, and Doug Barclay, Seminole Co. Marketing Manager, Central Florida Sports Commission, re: December 2004 activities and upcoming events.

 

13.  Notice and Agenda for Seminole Co. Port Authority meeting 2/07/05.

 

14.  Copy of letters dated 2/07/05 to Honorable Lee Constantine and Honorable David Mealor from Chairman re: Sponsoring Deferred Compensation Bill.

 

15.  Parks/Recreation Contracts, as shown on page _______, between Seminole County Government and the following:  Matt Steverson (Tennis Instructor), David Silvia (Tennis Instructor), Brian Morrissey (Tennis Instructor), Sandra Field (Slow Pitch Softball Scorekeeper), Chelsea Maratta (Tennis Instructor), Sergio Rivas (Tennis Instructor), Daniel Keating (Tennis Instructor), Timothy Lynch (Tennis Instructor), James Lanzi (Tennis Instructor), David Hernandez (Tennis Instructor), Michael Custer (Tennis Instructor), Henry Lenhardt (Tennis Instructor), Mick Andrews (Tennis Instructor), Clint Ekelund (Tennis Instructor), Taryn Lamonettin (Tennis Instructor), Alice Reen (Tennis Instructor), Patricia Gearet (Tennis Instructor), John Gegenheimer, IV (Tennis Instructor), Deborah Coreil (Tennis Instructor), Lauren Wolken (Tennis Instructor), Marjorie Harris (Tennis Instructor), Jason Sullivan (Tennis Instructor), Sarah Harkins (Tennis Instructor), Donnie McGinnis (Tennis Instructor), and Frankie Austin (Tennis Instructor).

 

16.  Parks/Recreation Contracts, as shown on page _______, for Services: Tennis Instructor (Cynthia Harkins); and Slow-Pitch Softball Umpire (Larry Sprick, Duane E. Taylor).

 

17.  Copy of Memorandum dated 2/14/05 to Kevin Grace, County Manager, from Sandy McCann, Commission Records, re: Outstanding BCC Documents 6/14 – 10/04.

 

18.  Memorandum dated 2/14/05 to BCC from Kevin Grace, County Manager, re: Appointment of Don Fisher as Acting County Manager from 2/15/05 – 2/16/05 as Mr. Grace attends Seminole County Legislative Days in Tallahassee.

 

19.  Copy of letter dated 2/14/05 (with attachment) to Ron McLemore, Winter Springs City Manager, from Kevin Grace, County Manager, re: annexation of enclaves and conversion of non-residential land uses to residential uses.

 

20.  Copy of memorandum dated 2/7/05 (with attachment) to Commissioner Dallari from John Alvarez, Palm Valley HOA Board of Directors, re: proposed Walden Chase townhome development.

 

21.  Copies of letters (various dates) from Jane Peterson, Library Services Manager, re: appreciation of donations to Seminole County Public Library System to: Dawn Goldsmith; Erin & Meredith Hoag in memory of Andrew Sotak; Dorothy D. Smith in memory of Gladys S. Foures; and Bill Rogers.

 

22.  Letter dated 2/17/05 to Chairman Henley (with attachment) from Michael Barr, Seminole Soil & Water Conservation District, re: request for $25,000 grant funding for programs including Black Hammock Watershed Improvement District, Water Wise Yards (Expanded), Adopt-A-Spot, and Educational Gardens, County Soil Surveys.

 

23.  Notice of 2/28/05 City of Sanford public hearing-annexation re: property between E. 4th St./E. 8th. St. and San Mateo/Virginia Ave. S. (cc: BCC, County Managers, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

24.  Copy of memorandum dated 2/18/05 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

25.  Copy of letter dated 2/15/05 (with attachment) to Commissioner Dallari from Virginia J. Andreski re: sale of mobile home parks to developers of townhomes.

 

COUNTY MANAGER’S REPORT

     Mr. Grace reminded the Board that the next Priority Work Session is scheduled for March 1, 2005 at 1:30 p.m. in the BCC Chambers. 

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     The Chairman recessed the meeting at 3:34 p.m., reconvening at 7:00 p.m., with all Commissioners (with Commissioner Henley being absent, and Commissioner Morris entering late) 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.

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     Vice Chairman Carey advised that Chairman Henley will not be attending the meeting this evening as he is ill.

PUBLIC HEARINGS

BOA APPEAL/Karl Sanders/Edwards Cohen

     Continuation of a public hearing to consider an Appeal of the Board of Adjustment’s denial of a (1) special exception to establish a 150-foot tall “ecclesiastical” communication tower in the A-1 (Agriculture District); and (2) associated variances from 450 ft. to 350 ft., 450 ft. to 250 ft.; 450 ft. to 237.4 ft. and 450 ft. to 300 ft. to reduce the minimum separation distance required between a proposed 150 ft. tall “ecclesiastical” communication tower and properties with single-family residential dwellings, as described in the proof of publication, Karl J. Sanders/Edwards Cohen.

     Vice Chairman Carey advised that staff has received a letter (received and filed) from the applicant requesting that this item be withdrawn.  She stated the Board discussed the request this afternoon and it will be withdrawn without prejudice.

AMENDMENT/REZONE/Javier Omana

     Continuation of a public hearing to consider a Large Scale Land Use Amendment from LDR to PD; and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana.

     Vice Chairman Carey advised the applicant is requesting that this item be continued to March 22, 2005.  A letter from the applicant and a fax from Attorney Meredith Pickens requesting the continuance were received and filed.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to continue to March 22, 2005 at 7:00 p.m., or as soon thereafter as possible, request to approve Large Scale Land Use Amendment from LDR to PD; and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana.

     Districts 1, 3 and 5 voted AYE.

     Commissioner Morris entered the meeting at this time.


REZONE SPROUL BIBLE COLLEGE/Guy Rizzo

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) and PUD Preliminary Master Plan on approximately 32 acres located on the south side of Wayside Drive, approximately 550 ft. east of the intersection of Wayside Drive and Orange Blvd.; and approval of the Development Order, Guy T. Rizzo, received and filed.

     Tony Matthews, Planning, addressed the Board to present the request.  He stated the site consists of two single-family residential dwelling units and accessory buildings.  On November 15, 2004, the Board of Adjustment (BOA) approved a special exception to establish a theological studies college on the western portion, approximately 16 acres using the existing buildings.  The development order includes those conditions that were placed at the Board of Adjustment (BOA) hearing.  The two existing residences and accessory buildings will be converted into classroom and administrative space for up to 70 students.  The proposed single-family lots will be a minimum of 11,700 sq. ft., consistent with R-1AA single-family district zoning classification.  The applicant has stated that the proposed single-family homes will be sold for fee simple ownership and are not primarily intended as temporary residences for students attending the proposed Bible College.  Staff is recommending approval of the request subject to the conditions outlined in the development order.  He submitted a copy of Page 2 (received and filed) of the proposed development order and referred to the following changes:  (1) Change minimum house size to 2,000 sq. ft.; (2) Enrollment at the College shall be limited to no more than 70 students on campus; and (3) Delete Item F, Sunday classes shall be prohibited.  He stated the applicant supports the proposed changes.  He said staff has received a letter (not received and filed) from John Dwyer indicating that he is representing the Berington Club Homeowner’s Association and they are not opposed to the rezone at this time, but they are not in support of it either.  He added Mr. Dwyer requested that a condition be placed in the development order to preserve the trees located along the southern boundary of Wayside Dr. as much as possible. 

     Upon inquiry by Commissioner Morris, Mr. Matthews advised he believes the trees can be protected along the southern boundary.  Staff will ask the applicant to show that on the plan when it comes back during the final master plan.

     Guy Rizzo, applicant, addressed the Board to state he agrees with all the proposed changes.  He stated aesthetics is his main concern relative to the trees and said they definitely want to preserve the large oaks.

     Mr. Matthews displayed some photographs (not received and filed) that were presented during the BOA hearing.

     Mary McKeever, 5590 Wayside Drive, addressed the Board to state she lives across the street from the proposed project.  She stated she is not necessarily opposed to the project.  She stated she understands that access will be off of Paseo Place in order to get to the 21 home sites.

Mr. Matthews advised the proposed PUD show access off of Wayside Drive only, however, the applicant is discussing the possibility of access off of Orange Blvd.  He stated either is fine with staff but they would prefer access off of Orange Blvd.

     Ms. McKeever stated everything from Wayside Dr. to Wilson Ave. is Low Density Residential and she has no problem with 4 units per acre.  If access is blocked to the adjoining 10 acres, then the only access would be to her client’s (Marlene Metcalf) property, and they would have to buy her out.  She stated her biggest concern is these are not short term rentals.  She said she was told that this will be an internet college and if that is the case, then she is not opposed to the request.  She asked if these are going to be residential dwellings for students to live in and are they going to be owned and operated by the applicant.

     Copy of letter from Marlene Metcalf was received and filed.

     Mr. Rizzo advised these will not be residences for housing students.  The homes will be sold in fee simple and will be deed restricted.  The homes will not be short term rental property.

     Upon inquiry by Vice Chairman Carey, Mr. Rizzo advised in connection to rental property, if he sells it in fee simple to an owner, he cannot restrict as to what that owner can do with it after that.

     Upon further inquiry by Vice Chairman Carey, Mr. Rizzo advised he has no objections putting no short term rental under six months in the development order.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     District Commissioner Carey stated she met with the applicant and as a result of that meeting, she is willing to increase the minimum house size to 2,000 sq. ft. and no more than 70 students on campus.  Based on that, she supports the project as proposed with staff comments.

     Commissioner Morris stated the following will be included in the development order: the community shall be deed restricted and will not permit rentals under 6 months. 

Upon inquiry by Commissioner Morris, Robert McMillan, County Attorney, advised the County cannot enforce the deed restrictions and that will be part of the PUD. 

     Commissioner Morris stated the homeowner’s association can take it upon themselves relative to deed restrictions.

     Mr. Rizzo advised that there will be a homeowners association.

     Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt Ordinance #2005-6, as shown on page ________, approve Rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development) and PUD Preliminary Master Plan on approximately 32 acres located on the south side of Wayside Drive, approximately 550 ft. east of the intersection of Wayside Drive and Orange Blvd.; and approval of the Development Order, as shown on page __________, as described in the proof of publication, Guy T. Rizzo, with staff findings and conditions (A-Q) outlined in the development order.

     Under discussion, Commissioner Morris clarified the motion should include “as amended” and eliminating Item F of the development order.

     Commissioner Dallari advised the conditions submitted by staff were dated 2/22/05.

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

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:24 p.m., this same date.

 

 

ATTEST______________________Clerk____________________Chairman

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