BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 14, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m. on Tuesday, January 14, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3) (late)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Pastor J. Earl Welch, Pinecrest Baptist Church, Sanford.
Commissioner Grant Maloy led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-1, as shown on page _______, commending Charles R. Womack, Senior Coordinator, Water & Wastewater Division, Department of Environmental Services, for his 21 years of service to Seminole County, upon his retirement.
Commissioner Van Der Weide entered the meeting at this time.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Womack.
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Mack McReynolds and Peggy Green addressed the Board to submit to the County a check in the amount of $7,663.73 for unused administrative costs for the SHIP Program. Mr. McReynolds expressed his appreciation to Commissioner Dick Van Der Weide for urging him to get involved with this program.
Ms. Green stated she is glad to see the County taking this over and doing this in-house.
Chairman McLain thanked Mr. McReynolds and Ms. Green for all their hard work.
County Attorney, Robert McMillan, advised of an add-on request for approval of a purchase agreement relating to East Lake Mary Boulevard Phase II-B road improvement project.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the following:
3. Approveand authorize Chairman to execute Purchase Agreement, as shown on page _______, relating to Parcel Number 196 of the Airport Boulevard Phase III road improvement project, located on the north side of Bungalow Boulevard, in the amount of $5,500.00, inclusive of all fees, costs and expenses, Sheila Shockley property.
4. Adopt Second Amended Resolution of Necessity #2003-R-2, as shown on page _______, relating to Wymore Road improvement project (from Orange County Line to State Road 436).
Binding Written Offers
5. Authorize Revised Binding Written Offer for Parcel Numbers 121/721/821 of the Wymore Road improvement project, Pierce Holdings LLC.
6. Authorize Revised Binding Written Offer for Parcel Numbers 127/827 of the Lake Emma Road improvement project, Technology Park.
7. Authorize Binding Written Offer for Parcel Number 148 of the Lake Emma Road improvement project, Weeks Realty.
8. Authorize Binding Written Offer for Parcel Number 835A/B of the Lake Emma Road improvement project, Brian Walsh.
8B.Approve and authorize the Chairman to execute Purchase Agreement, as shown on page _______, relating to Parcel #201-A-D), 701 and 801 (A-F) of the East Lake Mary Boulevard Phase II-B road improvement project in the amount of $680,000, inclusive of all fees, costs and expenses, Sanford Airport Authority.
Districts 1, 2, 3, 4 and 5 voted AYE.
DCM, Sally Sherman, and Assistant County Attorney, Steve Lee, addressed the Board to present the 2003 legislative issues and FAC priorities program (booklet regarding same was received and filed).
Upon inquiry by Commissioner Henley, Attorney Lee advised the Legislature is still in the bill-drafting mode with regard to LYNX and no proposed bills are available yet.
Chairman McLain stated it is important for the Commissioners to receive copies of the bills as soon as possible.
Commissioner Morris requested staff to advise the County’s lobbyist, Mr. Brantley, that MetroPlan reversed their decision from last month regarding the Sanford/Orlando Airport’s membership.
Chairman McLain advised that the Governor’s Task Force unanimously approved a motion to provide Seminole County Expressway Authority with the authority to make the final alignment decision on the part of the expressway that runs through Seminole County. He added that Mr. Brantley needs to follow this closely to make sure the County is informed on what is going on in the Legislature.
Attorney Lee requested the Board add the Wireless 911 legislation to the County’s “watch list”. He said this proposal seeks to impose a 50 cents fee on the service and will also preempt the local government’s ability to regulate towers. Copy of letter from FAC regarding same was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Henley to direct staff to add the Wireless 911 legislation to the County’s “watch list”.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Manager, Kevin Grace, advised that Item #33, M-335-02/BJC, has been pulled from the agenda and will be brought back to the Board on January 28, 2003. He stated that Item #35, Electronic Payment Policy, has also been pulled from the agenda.
Commissioner Morris questioned when Item #35 will be brought back to the Board. Whereupon, Mr. Grace advised the item will be brought back on January 28, 2003.
Mr. Grace further advised that Item #65, Joint Facilitation of Public Infrastructure Agreement with Lake Mary has been pulled and will be brought back to the Board on January 28, 2003. He added that Item #66 should also include rescinding the Resolution adopted on May 14, 2002, regarding the swap of lands.
Motion by Commissioner Maloy, seconded by Commissioner Morris to approve and authorize the following:
11. BCR #03-06 – $175,000 – Administrative Services – Facilities Maintenance – Fund: 00100 – General Fund. Additional funding will be needed for the County Services Building Parking and Drainage Improvement project. Funds are available in the utility account line for Facilities Maintenance.
12. BCR #03-17 – $58,737 – Planning & Development – Community Development – Fund: 11902 – HOME Program Grant Fund. Accounting adjustment is needed to place salary dollars in correct grant fund year for HOME projects.
13. BCR #03-19 – $33,595 – Community Services – Community Assistance – Fund: 00100 – General Fund. Funds are needed for the Adoption by Shepard’s Care Contract. These funds are received from the State of Florida from proceeds of the sale of the “Choose Life” license fees. This action transfers funds from contingency into the appropriate account line.
14. BCR #03-21 – $500,000 – Planning & Development – Community Resources – Fund: 11901 – CDBG Grant Fund. Budget change is necessary to establish funds to provide assistance to Kids House of Seminole, Inc, as approved by the Board on September 10, 2002.
15. BCR #03-22 – $107,700 – Public Safety – EMS Trust – Fund: 11800 – ENS Trust Fund. Designate $107,700 for completion of Phase II of the Orbacom Computer Aided Dispatch.
16. BCR #03-23 – $15,400 – Public Safety – E-911 – Fund: 12500 – E911 Fund. Transfer funds to accommodate modifications to the existing 911 equipment to plot caller locations as is required by FCC Wireless Phase II legislation. Cost is $2,200 per PSAP.
17. BCR #03-25 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Fund. Redesignate capital savings realized through the purchase of three (3) transport capable units to modify the specifications of a fire truck budgeted in the current fiscal year. These modifications will add expanded capabilities to maintain current service levels as a result of the Altamonte Springs merger.
18. BCR #03-26 – $600,000 – Public Works – Engineering – Fund: 11541 – Infrastructure Sales Tax 2001 Fund. These two adjustments are within the Minor Road Program: (1) An assessment study and design services are needed for the Celery Avenue improvement project. Funds are available from the Sand Dollar Road project which has been included as part of the East Lake Mary Boulevard project. (2) An additional left turn lane from northbound Rinehart Road to westbound SR 46 is recommended to improve safety and traffic flow at the intersection. Funds are available from Minor Road Program contingencies. Seminole County will be reimbursed for approximately 30% to 40% of this improvement cost through developer commitments.
19. Budget Amendment Resolution #2003-R-3, as shown on page _______, in the amount of $50,000 – Library & Leisure Services: 60303 – Library Donation Fund. The Friends of the Library have donated $50,000 over the last two years towards the purchase of the Horizon Library Software system to replace the existing Dynix system. In December 2002 they donated an additional $50,000 to fund the total purchase price of $100,000. This action recognizes that donation.
20. Award CC-1194-02/BJC Contract, as shown on page _______, Greenwood Lakes/Heathrow Water Transmission Main and Reclaimed Water Transmission Main, to Stately Contractors, Inc., Bradenton ($1,360,847.80).
21. Approve Change Order #1, as shown on page _______, to FC-1165-A-01/BJC – C.R. 419 – Phase I and Phase II, with Southland Construction, Inc., Apopka ($42,802.56).
22. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for CC-1182-02/BJC – Landfill Gas Management Systems Expansion Phase, with Shaw EMCON, Inc., dba Shaw Constructors, Inc., Brecksville, Ohio.
23. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for CC-1179-02/BJC – Northwest Waste Water Treatment Facility/Internal Recycle Meter Installation, with Meadors Construction Company, Inc., Jacksonville.
24. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1171-01/BJC - Greenwood Lakes Water Treatment Plant - Well #5, with Wharton-Smith, Inc., Lake Monroe.
25. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1161-01/BJC - Libraries Water Intrusion, with Ruby Builders, Inc., Orlando.
26. Approve ranking list for PS-5130-02/BJC – Continuing Services for Engineering Services for Soil and Materials Testing, authorize negotiations and award Master Agreements, as shown on page _______, to Ardaman & Associates, Inc., Orlando; Geotechnical Professional Associates, Inc., Orlando and Nodarse & Associates, Inc., Winter Park (Not-to-Exceed $100,000.00/per year).
27. Approve ranking list for PS-5131-02/BJC – Design and Permitting Services for Cross Seminole Connector Trail, authorize negotiations and award an Agreement, as shown on page _______, to Vanassee Hangen Brustin, Orlando (Not-to-Exceed $1,200,000.00).
28. Approve Amendment #1, as shown on page _______, to PS-579-00/BJC – Construction Engineering and Inspection Services for C.R. 419 – Phases I and II, with Reynolds, Smith and Hills, CS, Inc., Plantation ($80,251.30).
29. Award RFP-4173-02/BJC Contract, as shown on page _______, Closing Agent/Title Search Services, to American Acquisition Title, Tampa (Not to exceed $600,000.00 per year).
30. Award RFP-4176-02/BJC Contract, as shown on page _______, Outpatient Substance Abuse Treatment Services for the Seminole County Drug Court Program, to The Grove Counseling Center, Inc., Altamonte Springs (Not-to-Exceed $60,000.00).
31. Approve Renewal #1 and Amendment #1, as shown on page _______, to RFP-480-99/BJC – Court Reporter Services Agreement, with Associated Court Reporters, Sanford (Revised Exhibit A - Rate Schedule) (January 25, 2003 through January 24, 2005).
32. Revoke the award of RFP-4145-02/BJC – Bus/Transit Shelter design, fabrication, installation, operation, repair and maintenance and advertisement for Seminole County, authorize staff to negotiate and award the project to Culvert Amherst, New York.
33. Continue until January 28, 2003, consideration of award of M-335-02/BJC – On Line Hotel Reservation Services Agreement, to WorldRes.com, Inc. (WRI), San Mateo, California (20% to 25% Net Reservation Fee payable to the County).
34. Award IFB-3060-02/GMG – Term Contract, as shown on page _______, for Asphalt Base Stabilization, to Asphalt Recycling, Inc. of Melbourne Beach ($1,958,383.00 per year).
37. Approve and authorize Chairman to execute four (4) Satisfactions of Second Mortgages, as shown on page _______, for the following households, assisted under the SHIP Program’s Home Ownership Assistance Program: Brian S. & Diana L. Trustman; Barbara J. Fyffe; Gary L & Connie Labit; and Towanna Scott.
38. Approve and authorize Chairman to execute three (3) Satisfactions of Second Mortgages – Early Release, as shown on page ________, for the following households assisted under the SHIP Program’s Home Ownership Assistance Program: Darren S. & Fannie M. Braddy; Terry A. Fisher; and Kenneth Eugene & Jacqueline Delorise Meadows.
39. Adopt appropriate Resolution #2003-R-4, as shown on page _______, renaming Palm Springs Road to Lake Front Lane.
40. Approve and authorize Chairman to execute Addendum No. 1, as shown on page _______, to Conceptual Approval Agreement between Florida Communities Trust and Seminole County for the acquisition of Clifton Springs.
50. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, between Seminole County, Orange County, and the City of Orlando for the formation of the “Central Florida USAR Consortium”.
51. Approve and authorize Chairman to execute Memorandum of Understanding, as shown on page ________, between the Seminole County EMS/Fire/Rescue Division and the Explorer – Learning for Life Organization.
52. Approve and authorize Chairman to execute School Window Protection Agreement, as shown on page _______, between the State Department of Community Affairs and Seminole County.
53. Approve and authorize Chairman to execute Emergency Management Competitive Grant Application, as shown on page ________, which allows Seminole County to compete for $280,000.00 from the Florida Department of Community Affairs, Division of Emergency Management.
54. Approve and authorize Chairman to execute (1) Second Renewal to Non-Exclusive Ambulance Franchise Agreement, as shown on page _______; (2) Renewal to the Certificate of Public Convenience and Necessity, as shown on page ________, (COPCN); and (3) approve Rate Increase for Central Florida Ambulance, Inc.
Public Works
Engineering
55. Approve and authorize Chairman to execute Department of Environmental Protection (DEP) Contract No. GM100 – Amendment No. 2, as shown on page _______, in conjunction with a reallocation of funds for trail improvements/construction within the Cross Seminole Trail Corridor.
56. Adopt appropriate Resolution #2003-R-5, as shown on page _______, accepting a Drainage Easement, as shown on page _______, from Tereatha Wright to Seminole County for property necessary for drainage protection of Ruff Road.
57. Adopt appropriate Resolution #2003-R-6, as shown on page _______, accepting a Quit-Claim Deed from Joyce Abbot to Seminole County for property necessary for roadway improvements to Dixon Avenue.
58. Approve and authorize Chairman to execute the Joint Use Agreement, as shown on page ________, for Stormwater Facilities for Village 9 of Sanctuary and County Road 419.
59. Approve and authorize Chairman to execute the Conservation Easement, as shown on page _______, being granted by Seminole County to the St. Johns River Water Management District (SJRWMD) for wetlands mitigation related to East Lake Mary Boulevard roadway construction.
60. Approve and authorize Chairman to execute the Purchase Agreement, as shown on page _______, between Jonathan D. Hamilton and Dana B. Hamilton and Seminole County for property necessary for roadway improvements to Bear Lake Road ($3,000).
61. Adopt appropriate Resolution #2003-R-7, as shown on page _______, granting authority to enter into a Local Agency Program Agreement, as shown on page _______, with the Florida Department of Transportation relating to a pedestrian bridge across SR 434 at the Markham Woods Road and Douglas Avenue intersection to serve the Seminole Wekiva Trail.
62. Adopt appropriate Resolution #2003-R-8, as shown on page ________, accepting Quit Claim Deeds, as shown on page _______, from J. B. St. John, Jr.; Gary L. Winn; Janice K. Winn; Robert W. Lundquist; Frances L. Lundquist; S. Kirby Moncrief; Lynda H. Moncrief; Kathleen M. Shaw; Robert L. Devol; Michelle Devol; Mary A. Baker; Charles W. Hardwick; and Stephen C. Dangleman to Seminole County for property necessary for roadway improvements to Crystal View South.
63. Adopt appropriate Resolution #2003-R-9, as shown on page _______, accepting Quit Claim Deeds, as shown on page ________, from Larry Jon Bates; Sharon McCutchin Bates; Larry Jon Bates, II; Stephen Haines Bates; Mary T. Snell; Loy Dallas Metcalf, Sr.; Lisa Joan Metcalf; and Linda Turner Alford to Seminole County for property necessary for roadway improvements to South Sylvan Lake Drive.
64. Adopt appropriate Resolution #2003-R-10, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, from Jason W. Rucker and Jennifer J. Rucker to Seminole County for property necessary for roadway improvements to Lake Cochran Road, a/k/a Cochran Road.
65. Continue until January 28, 2003, consideration of approval and authorization for the Chairman to execute the Joint Facilitation of Public Infrastructure Agreement between Lake Mary Boulevard 17-92 L.C., and Seminole County in conjunction with a Stormwater Management Facility for the Lake Mary Boulevard, Phase III, Road Improvement Project.
66. Approve and authorize Chairman to execute Termination of Agreement, as shown on page ________, for Exchange of Land between KGB Lake Howell LLC and Seminole County; and approve rescinding Resolution #2002-R-90, adopted by the BCC on May 14, 2002, regarding same.
67. Authorize release of the following Road Maintenance Bonds: (1) #929128858 in the amount of $4,021.30 for the Winn Dixie @ McCulloch project; and (2) #25-60-37 in the amount of $26,744.00 (Taylor Woodrow Communities) for the Alaqua Lakes Phase VI project.
Traffic Engineering
68. Approve and authorize Chairman to execute the Traffic Signal Maintenance Agreement, as shown on page _______, between Seminole County and Florida Power Corporation, for the traffic signal located at Chapman Road and Woodpecker Lane.
69. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and APR Events Group, Inc. for the APR Powerboat Superleague Top Gun Challenge in the amount of $20,000.
70. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the City of Sanford for the 2003 USA Softball Men’s Super SP Nationals in the amount of $7,700.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
Clerk’s Office
71. Expenditure Approval Lists, as shown on page _______, dated November 26 and December 3, 10, 17, 24, 31, 2002; and Payroll Approval Lists, as shown on page _______, dated December 5 and 19, 2002.
72. Satisfaction of Judgment for the following Public Defender Application Fee, Court Costs and Fines:
Darrell Leon Hopkins, Case #95-853-CFA - $72.19 Court Costs
Joseph Bryan Johnson, Case #01-3391-CFA - $40 Public Defender Application Fee
John Ernest Lamb, Case #99-1710-MMA - $40 Public Defender Application Fee
Michael Frank Piotrowski, Case #85-873-CFA - $992 Fine
Johnny Dorelli, Case #02-1131-CFA - $328 Court Costs
William Kaznowski, Case #01-1256-CFA - $165.19 Court Costs
73. Satisfactions of Judgment for the following Bail Bond Liens:
Abiezer Castillo & Bankers Ins. Co. - $1,038
Katina L. King & American Bankers Ins. Co. - $1,538
Megan Lynn Rodell & Bankers Ins. Co. - $1,038
Nicholas John Rosario & Evergreen National Indemnity - $538
74. Satisfactions of Judgment for the following Public Defender Liens:
Anthony Lorenzo Anderson, Case #96002507CFA - $200
Jason A. Andriano, Case #01011110MM - $200
James Baker, Case #98008961MM - $200
Jerry L. Chase, Case #01013277MM - $250
Lourdes M. Dieguez, Case #02002936CFA - $100
Shannon FD Godwin, Case #88001573CJA - $50
Michael J. Goodwin, Case #94009379MM - $75
Dennis Harvey, Case #01010776MM - $250
Michael Henley, Case #02006851MM - $200
David M. Kridel, Case #01003520CFA - $100
Franklin R. Lombert, Case #01012132MM - $250
Robert Kyle Mason, Case #L91000725CFA - $300
Robert Kyle Mason, Case #92001964CFA - $200
Christopher S. Parker, Case #00003424CFB - $350
Emilio Rodriguez, Case #02001851MM - $200
David Lee Sanders, Case #93000012CFA - $200
Brenda G. Shaford, Case #00006213MM - $200
Crystal R. Taylor, Case #02008250MM - $260
Jerad D. Weeks, Case #01004409CFB - $100
75. Tax Collector to issue Clairvoyant Licenses to the following: Priscilla Johnson, Nancy Johnson (dba Madame Katherine & Daughter - The Psychic Shop).
76. Official Minutes dated November 26 and December 10, 2002.
78. Chairman to execute the associated grant application documents, as shown on page _______, for the Florida Department of Law Enforcement Residential Substance Abuse Treatment (RSAT) Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Maintenance Agreement/Letter of Credit #8035350431-55, as shown on page _______, in the amount of $9,264 for the project known as Park Place at Heathrow.
2. Maintenance Bond #28566, as shown on page _______, in the amount of $24,555.32 for the project known as Bear Gully.
3. Maintenance Bonds #5-45-82-23, as shown on page _______, in the amount of $9,700 and #5-45-82-24 in the amount of $1,400, for the project known as Academy of Learning.
4. Maintenance Bond/Letter of Credit, as shown on page _______, in the amount of $24,680.71 for the project known as Astor Farms Phase 2.
5. Certificates of No Recall, as shown on page _______, for Sanford-Orlando Kennel Club, Inc. and Orlando Jai Alai.
6. Development Orders, as shown on page _______, for the following: #2-20500003 Susan Irelan, Deep Lake PUD Major Revision Denial; #02-30000152, Andre Nehme variance; and #2-20500003, Susan Irelan, Deep Lake (South Tuskawilla Road) PUD Rezone approved April 9, 2002.
7. Memorandum to Sandy McCann, Commission Records, from Shannon Suffron, Development Review, relating to Bond for Huntington Pointe Phase 4A release.
8. Letter to Chairman McLain from Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham & Simmons, relative to continuing proposed Fossitt Business Park rezone to January 2003.
9. Notices from Public Service Commission relating to determining a need for electrical power plant in Martin and Manatee Counties.
10. Notice of Commission Hearing and Prehearing to Florida Digital Network, Inc. relating to Docket No. 020119-TP and 020578-TP.
11. Work Orders #35 and #36 to PS-590-01, as shown on page ________.
12. Work Order #51 to FC-1139-00, as shown on page _______.
13. Third Amendment, as shown on page _______, to Work Order #1 to PS-562-00.
14. Change Order #1 to CC-1184-02, as shown on page _______.
15. Work Order #57 to PS-532-98, as shown on page _______.
16. Third Amendment, as shown on page _______, to Work Order #2 to PS-556-00.
17. Work Order #4 to PS-593-01, as shown on page _______.
18. Work Order #3 to PS-567-00, as shown on page _______.
19. First Amendment, as shown on page _______, to Work Order #3 to PS-594-01.
20. Change Order #7 to FC-1169-02, as shown on page ______.
21. Work Order #3 to PS-569-00, as shown on page ______.
22. Work Order #6 to PS-585-01, as shown on page _______.
23. Second Amendment, as shown on page _______, to Work Order #34 to FC-1139-00.
24. First Amendment, as shown on page ______, to Work Order #43 to FC-1139-00.
25. Work Order #2 to PS-5109-01, as shown on page _______.
26. Exhibit G Water Agreement, as shown on page _______, with Single Family Developers, LLC for over sizing off-site facilities to the Waterstone Subdivision.
27. Work Order #9 to PS-372, as shown on page _______.
28. Memorandum of Understanding and Agreement, as shown on page _______, with CompBenefits Corporation for Managed Care Dental Plan.
29. Work Order #58 to PS-532-98, as shown on page _______.
30. Change Order #2 to CC-1182-02, as shown on page _______.
31. Memorandum to Linda Eiland, Administrative Services, from Henry Brown, Assistant County Attorney, relating to Payment of Direct Pay Request Callin v. Seminole County.
32. Letter to County Commission Records from The Cellular Store relating to Nextel discount offer.
33. Quit Claim Deed, as shown on page _______, with Bear Lake United Methodist Church relating to Seminole Drive improvements.
34. Letter to BCC from St. Johns River Water Management District forwarding 2003 Governing Board Meeting Schedule.
35. Memoranda from Kevin Grace, County Manager, to BCC re: Capital Project Fund Transfers for Lake Mary Blvd. at Sun Drive; Advanced Traffic Management System; and Spring Avenue Paving.
36. Letter from Tom Percival, Florida Department of Transportation, to Maryanne Morse, Clerk of Court, re: Public Kick-off/Introductory Meeting for the SR 15/600 project.
37. Letter to Sandy McCann, County Commission Records, from Don Fisher, Planning & Development Director, re: clarification for Seminole County’s Vision 2020 FLU Policy 1.7 amendment presented to the BCC on September 24, 2002 and December 10, 2002 (Ordinance #55).
38. Letter to Sandy McCann, County Commission Records, from Don Fisher, Planning & Development Director, re: clarification for Large Scale Land Use Amendment and Rezone, Hugh Harling (Item #52), presented to the BCC on December 10, 2002 (Ordinance #55).
39. Letter from William Monroe, Auditor General, enclosing a Financial Statement Audit Report for Seminole Community College District Board of Trustee, for Fiscal Year ended June 30, 2002.
40. Letter to Maryanne Morse, Clerk of Court, from City Clerk Andrea Lorenzo-Luaces, City of Winter Springs, relating to Annexation Ordinance #2002-26.
41. Letter to Maryanne Morse, Clerk of Court, from City Clerk Thelma McPherson, City of Casselberry, relating to Annexation Ordinance #02-1073.
42. Letter to Maryanne Morse, Clerk of Court, from William Monroe, Auditor General, enclosing Financial and Federal Single Audit Report for Seminole County District School Board for Fiscal Year ended June 30, 2002.
43. Letter to BCC from Geraldine Harford, Tax Deed Clerk, submitting list of Lands Available from tax deed sale on December 16, 2002.
44. Satisfactions of Connection Fees, as shown on page _______, for the projects known as PODs Warehouse; Midway Commerce Center Lot 21-Holland Pools; Hampton Inn; and Neighborhood Market (Red Bug Road).
45. Conditional Utility Agreements, as shown on page _______, for Christian Life Center of Orlando, Inc. and Daniel A. & August L. Boni.
46. Satisfactions of Connection Fees, as shown on page _______, for the projects known as Monroe Commerce Center South and Ladybird Academy.
47. Conditional Utility Agreements, as shown on page _______, for Wells Fargo Bank NW Trustee for the project known as Shurgard Storage; A&E Management, LLC for the project known as Treadway Tract and Carlos & Leonor Chaban for the project known as Chaban Medical Center.
48. Bill of Sale, as shown on page _______, accepting off-site sewer system within the project known as Fountain Place Apartments.
49. Conditional Utility Agreements, as shown on page _______, for water and sewer service for the project known as Park Place at Heathrow Bldg. C.
50. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Gaedeke Holdings, Inc. for the project known as 250 International Parkway.
51. Bill of Sale, as shown on page _______, accepting water and sewer system and road improvement within the project known as Park Place at Heathrow.
52. Satisfaction of Connection Fees, as shown on page _______, for the project known as Mystic Cove Apartments.
53. Conditional Utility Agreements, as shown on page _______, for water service for Dalwolf Corp. for the project known as Wayside Estates; and Michael & Gloria Holland for the project known as Midway Commerce Center Lot 21 – Holland Pool.
54. Supplement to Seminole County Budget for Fiscal Year 2002/2003.
55. Change Order #2 to FC-1159-01, as shown on page _______.
56. First Amendment, as shown on page _______, to Work Order #24 to PS-590-01.
57. M-344-02 Appraisal Services Agreement, as shown on page _______, Florida Realty Analysts, Inc.
58. Work Order #1 to PS-5128-02, as shown on page _______.
59. First Amendment to PS-5119-02, as shown on page _______.
60. M-340-02 Sidewalk Construction Agreement, as shown on page _______, Harkins Development Corp.
61. Work Order #6 to RFP-4123-01, as shown on page _______.
62. Work Order #53 to PS-543-99, as shown on page _______.
63. Conditional Utility Agreement, as shown on page _______, for water and sewer service for Orlando Lake Forest Joint Venture.
64. Letter of acceptance and Bill of Sale, as shown on page _______, for Astor Farms Phase 2.
65. Development Order, as shown on page _______, for Ray H. and Bette D. Dittmore.
66. Notice of intent by Farmton Water Resources, LLC, to apply to the Florida Public Service Commission for certificate to provide water service.
67. Memorandum to Interested Parties from Sharon Gallops, Property Tax Administration, Dept. of Revenue, regarding a meeting to be held on January 7, 2003, to discuss Value Adjustment Board procedures and proposed rule.
68. Copy of Memorandum to Jerry McCollum, County Engineer, from Henry M. Brown, Assistant County Attorney regarding Direct Pay Request for East Lake Mary Boulevard, Segment I.
69. Exhibit A, Cent for Seminole Local Sales Surtax, as shown on page _______, to Interlocal Agreements for the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford.
70. Copy of Memorandum to BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfer for Douglas Avenue/Markham Woods Road Intersection.
71. Bids as follows: IFB-287-02; CC-1194-02; CC-1197-02; CC-1199-02; IFB-3059-02; IFB-3060-02; IFB-3061-02; RFP-4174-02; and PS-5133-02.
Planner, Ian Ratliff, addressed the Board to present the Schauder’s Lake Howell Estate Minor Plat located in Section 27, Township 21 South, Range 30 east on the north side of Lake Howell Lane, approximately 1/8 mile east of Lake Ann Lane in Casselberry. He advised the plat consists of 5.28 acres, zoned R-1AAA. The parcel of land was not legally subdivided from the original 14-acre parcel of record. The applicant proposes the minor plat in order to make the parcel legal so that one single family home may be built on the entire piece of property, which is currently vacant. The property fronts Lake Howell Lane, a 60’ wide public right-of-way containing a 21’ wide cold mix asphalt roadway. He further advised the staff recommends denial of the plan since Lake Howell Lane is not paved to County standards. The applicant is asking for a waiver of the paving requirement. However, if the Board approves the plan, staff recommends the following conditions: (1) Development of the platted parcel shall be limited to one single family home and related ancillary uses through a development order; and (2) Any future development of the property shall only be approved if the parcel is platted in accordance with all applicable Land Development Regulations.
Upon inquiry by District Commissioner Maloy, Mr. Ratliff advised under the R-1AAA zoning, the owner could possibly get seven homes on the property.
Attorney Gary Segal, representing the applicant, addressed the Board to advise that Mr. Schauder purchased the property in December 2000, and was unaware of the split in 1978. He said the paving requirement is a terrible hardship and he is willing to downsize the zoning to A-5 to assure that he is only going to build his home on the property.
Upon inquiry by Chairman McLain, County Attorney, Robert McMillan, advised the rezoning would be the cleanest way to make sure that only one home will be built on the property because you don’t have to worry about enforcing a development order.
Mr. Ratliff advised staff would not recommend rezoning to A-5, but would rather see it A-1.
Commissioner Morris left the meeting at this time.
District Commissioner Maloy stated he does see this as a unique situation. He said this is a reduction of the impact of the property and the one house will have a minimal impact on the road.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Schauder’s Lake Howell Estate Minor Plat, located in Section 27, Township 21 south, range 30 east on the north side of Lake Howell Lane in Casselberry, subject to conditions of the Development Order, as shown on page ______, including: (1) Development of the platted parcel shall be limited on one single family home and related ancillary uses through a development order; (2) Any future development of the property shall only be approved if the parcel is platted in accordance with all applicable Land Development Regulations.
Districts 1, 3, 4 and 5 voted AYE.
Memorandum of Voting Conflict, as shown on page _______, for Commissioner Morris was received and filed into the Record.
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The Board, thereupon, recessed at 10:05 a.m., reconvening at 10:19 a.m., with all Commissioners (including Commissioner Morris) and all other Officials who were present at the Opening Session.
Director of Environmental Services, Bob Adolphe, addressed the Board to introduce Liz Block, Water Conservation Coordinator, advising she will preview a summary of water conservation initiatives.
Water Conservation Coordinator, Liz Block, gave a PowerPoint presentation (copies of slides were received & filed) on the following: who uses water and how much; 2001-2002 Average Daily Water Consumption; future water demand in the northwest service area; and northwest service area planning (characteristics). She outlined what the County has done so far, advising negotiations with SJRWMD for increased allocations have been ongoing for three years. She said the County has retained master planning and alternative projects consultants and have enforced water restrictions. She stated they have also conducted free irrigation audits, which has resulted in 100 gpd reduction per customers. She explained the County’s outreach program for the northwest service area, stating they have made telephone calls to the top 25 consumers during January through March 2002; and have sent letters to the next 150 top consumers and then the 275 top consumers offering free irrigation audits. She further advised that future initiatives include the following: rate structure changes; reclaimed water ordinance; Land Development Code changes in reclaimed service areas (mandatory sewer hookup & dual line requirements for reclaimed water); water budget planning for PUD’s and future utility customers; water efficient landscaping ordinance for residents; and fund and build alternative water projects.
Commissioner Morris suggested the County notify all water customers what the County is facing and advise them what they are going to potentially face. He said the customers need to be prepared for the retrofit and higher rate charges for higher usage.
Commissioner Maloy agreed with Commissioner Morris’ statements.
Commissioner Henley stated he believes the County needs to look at getting reclaimed water into the neighborhoods. He stated the Federal government has subsidized water needs in the western U.S. for years and he believes the staff should research to see if Federal grant money is available to help the County. He suggested staff get the municipalities involved with this effort. Discussion ensued.
Commissioner Morris stated he believes the County needs to be much more aggressive relative to water and sewer hook-ups.
Chairman McLain stated what he is hearing is that the Board wants staff to move faster on these initiatives. He also stated he believes it is important to retrofit sprinkler systems with rain guards.
The Board directed that staff bring an updated report back for review in February.
Planner, Alice Gilmartin, addressed the Board to present the draft Energy Element for Vision 2020, A Guide to the Journey Ahead. She advised this is an optional element for the Comp Plan and is currently under review by the DAB and the Sustainable Communities Advisory Council. It will come before the Local Planning Agency/P&Z on February 5, 2002 and is scheduled before the BCC on February 25, 2002. She stated that she has found many energy conservation practices already being done by individual departments and divisions in the County.
Commissioner Henley suggested staff keep up with the development of the power pack fuel.
Commissioner Morris discussed the hybrid vehicle and suggested staff look into testing the vehicles with the Sheriff’s Citizens on Patrol.
Mr. Grace advised they will be replacing a pool car with a hybrid vehicle as a pilot program. He said he will report back to the Board on possibly using a hybrid vehicle for the Citizens on Patrol program.
A brief discussion ensued with regard to putting solar energy into County buildings.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize filing the proofs of publication for today’s public hearings.
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning a 300-foot +/- portion of the right-of-way of Sixth Street, a 70-foot wide unimproved right-of-way that abuts Lots 9, 10, 11 and 12, Block 40 and Lot 4, Block 54 in Chuluota, Michael & Donna Yates, received and filed.
Denny Gibbs, Planner, addressed the Board to state the applicant has requested a continuance to February 11, 2003.
District Commissioner Maloy stated he is in support of a continuance.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to February 11, 2003, 1:30 p.m., or as soon thereafter as possible, the request to vacate and abandon a 300-foot +/- portion of the right-of-way of Sixth Street, a 70-foot wide unimproved right-of-way that abuts Lots 9, 10, 11 and 12, Block 40 and Lot 4, Block 54 in Chuluota, as described in the proof of publication, Michael & Donna Yates.
Under discussion, Commissioner Maloy advised Commissioner Henley that the County had concern about giving up access to the lake and the applicant has a plan to go through his property to access the lake. The applicant is going to look at a property swap as opposed to a vacate, and staff is reviewing the property swap to see if it is a feasible project.
Ms. Gibbs also said staff will visit the site and see what is the breadth of the wetlands.
Districts 1, 2, 3, 4, and 5 voted AYE.
APPEAL/SEAN L. MASON
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal of the Board of Adjustment decision denying (1) a variance to reduce the minimum 20-foot rear yard setback to 0 feet; and (2) a variance of 7.5 feet to 5 feet for a side yard setback; property located at 1634 Lawndale Circle, Winter Park, Sean L. Mason, received and filed.
Earnest McDonald, Principal Coordinator, addressed the Board to state the Country Lane PUD establishes a 20-foot minimum rear yard setback and 7.5-foot side yard setback. On October 28, 2002, the Board of Adjustment unanimously denied the request, thereby, concurring with the staff’s findings that requested variance would adversely impact the neighborhood character by allowing the bulk of the existing single-family structure to exceed the trend of development established in the neighborhood. He stated since the time of the BOA’s decision, the applicant has amended the variances requested and is now requesting to reduce the rear yard setback from 20 feet to 15 feet and no side yard variance is requested at this time. Staff is recommending the BCC uphold the decision of the Board of Adjustment to deny the original variances requested, as well as the amended variance request, based on the original findings. If the Board should overturn the Board of Adjustment’s decision, staff is recommending that the variance granted should be consistent with the amended request of the applicant.
Upon inquiry by Commissioner Morris, Mr. McDonald advised the applicant amended his request to a one-story addition as opposed to the original two-story addition. He said the view that would have been impacted would have been a two-story view of the adjoining house to the north of this property.
Sean L. Mason, applicant, 1634 Lawndale Circle, addressed the Board to show pictures (received and filed) of the neighbor’s two-story house depicting their view of the back. He said his new addition would not affect the neighbor’s back view or their side view. He showed pictures (received and filed) that affirms that his house sits back further from the neighbor’s house. He showed pictures (received and field) indicating where the deck is located and said he wants to build his addition 5 feet past the deck. He also displayed pictures (received and filed) of the existing wall and said he wishes to build the house to the existing wall and put up a new wall two feet in front of that. He showed pictures (received and filed) of the side opposite the house in dispute and said the neighbor has no problem with the request.
Upon inquiry by Commissioner Henley, Mr. Mason stated the way the street was curved shortened his property length and he is the only one so close to the lake (within five feet of the water line). He showed pictures (received and filed) of the wall deteriorating and collapsing. He explained how he wants to build a new wall in front of that. He showed pictures (received and filed) of the privacy hedges on both sides of his house. He stated only the roofline of the new addition would be seen. He showed other pictures (received and filed) of the trees and erosion occurring. He showed pictures (received and filed) of other houses in the neighborhood that have additions in the back.
Upon inquiry by Commissioner Henley, Mr. Mason said the cost to add on to the top of the house and the eyesore created with tearing up the roof makes it easier to just add on to the back. He said the neighbors also objected to him going to two stories because he would block the side view to the lake.
During discussion, Mr. McDonald corrected the record that this would be a variance from 20 feet to five feet and the actual variance requested is 15 feet.
Joe Johnson, 1614 Lawndale Circle, President of the Homeowners Association Board of Directors, addressed the Board to state his concern is what happens with the shoreline if Mr. Mason goes all the way back and builds the wall. He said he understands the Departmental of Environmental Protection issued the original permits and they have not been contacted about any variance.
John Cather, 1632 Lawndale Circle, addressed the Board to state he and his wife are the neighbors to the south and they do not want this done. He said he told Mr. Mason the two things that are dear to him when you live in a zero lot line home with a lake view is his view and his privacy. He said the one story house still impacts his side view. He stated there are a lot of uncertainties he has with this request. He said if Mr. Mason goes ahead and builds up, that will block his view as well. He showed pictures (received and filed) taken within the past week. He said they have had quite a bit of water and the picture shows what the water level has come up to. He said he doesn’t want to see the shoreline disturbed. He affirmed that Mr. Mason’s house does sit about five feet in front of his house. He pointed out a tree stump in the picture that Mr. Mason said previously was the high water mark.
Jeff Gilger, Architect, 1004 Lingle Circle, addressed the Board to state he has been out on the site quite a few times. He said the Cathers don’t have a view from their second floor looking to the left. He stated the pictures show you would either look at the roof or the trees. When the Masons wanted to remove the tree to give a better view, the Cathers said they did not want the tree removed. That is why he is working around the tree to save it and put in the seawall. He said regardless of whether they put in a one-story or two-story addition, the Cathers have never had a view from that direction. He said he could change the design to not affect any erosion.
Mr. Mason displayed additional pictures (received and filed) showing all the neighbor could see is hedges. He said he was not aware until today that he needed a permit from DEP.
Mr. McDonald explained the need for the DEP permit and that it is a separate process from the County.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed. The proposed site plan for Mr. & Mrs. Mason was also received and filed.
District Commissioner Maloy stated this reminds him of Mrs. Eberley’s house that is held up by a seawall. He said he gets many complaints regarding flooding whenever the river rises up against the seawall. He said from the testimony heard, he did not hear enough information to find overturning the staff’s findings, and this proposal appears to be inconsistent with the neighborhood. Additionally, he feels uncomfortable approving such a large house on a small lot that is upheld with a retaining wall when there have been issues of flooding in a similar situation; and especially with the erosion problems.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to uphold the Board of Adjustment’s decision to (1) deny a variance to reduce the minimum 20-foot rear yard setback to 0 feet or the alternative presented tonight; and (2) deny a variance of 7.5 feet to 5 feet for a side yard setback; property located at 1634 Lawndale Circle, Winter Park; as described in the proof of publication, Sean L. Mason.
Under discussion, Commissioner Morris stated what concerns him is that who is to say the hedges will stay forever; there won’t be windows; or that you can’t be able to walk in your back yard and look over into another house. This is why neighborhoods are designed as they are. He said this reminds him of the flag lot problems. He thinks the Board of Adjustment was right in their rationale.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman McLain recessed the meeting at 2:13 p.m. and reconvened at 2:21 p.m.
REZONE FROM C-2 TO PCD/JERRY ZEBROWSKI
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from C-2 (Retail Commercial District) to PCD (Planned Commercial District); property described as a 10.35 acre parcel located at the southwest corner of Orange Boulevard and Monroe Road (CR 15), Jerry Zebrowski, received and filed.
Mr. McDonald stated the staff recommendation is to approve the request by the applicant.
Steve Mellich, Mellich Engineering, 1177 Louisiana Avenue, representing Jerry Zebrowski, addressed the Board to state he agrees with the staff recommendations. He answered questions by Commissioner Henley regarding the present exit off the Interstate that will be abandoned.
No one spoke in support or in opposition.
District Commissioner McLain asked for a motion approving the staff recommendation.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to enact Ordinance #2003-01, as shown on page _______, adopting the proposed rezoning from C-2 (Retail Commercial District) to PCD (Planned Commercial District) for a 10.35 acre parcel located at the southwest corner of Orange Boulevard and Monroe Road (CR 15); as described in the proof of publication, Jerry Zebrowski.
Under discussion, Commissioner Maloy stated he is glad to see some quality development going in that will replace the old dilapidated building.
Commissioner Morris said it might be that a lot more of this type activity will be going on in this area.
Districts 1, 2, 3, 4, and 5 voted AYE.
The following Communications and/or Reports were received and filed:
1. Facsimile dated 12/10/02 to BCC from Bear Creek, Trinity Bay and Tuscawilla Rd. HOAs, re: Deep Lake PUD Townhomes. (cc: BCC, County Manager)
2. Copies of letters dated 12/4/02 from Ken Roberts, Public Safety Director, re: monetary donations to Animal Services from: Cornelia Dietzel; Shelley DeSario and Alvin Cohen.
3. Letter dated 12/5/02 to BCC from Dolores Kellam re: Fossitt Business Park.
4. Letter dated 12/7/02 to BCC from Marguerite S. Atkinson re: Fossitt Business Park.
5. Memorandum dated 12/10/02 to BCC from County Manager Grace re: Acting County Managers 12/21-12/28/02.
6. Notice of 12/18/02 SCOPA Board meeting.
7. Letter dated 12/3/02 (with attachments) to BCC from Sid Vihlen, Jr., FL Recycling Services, re: solid waste/recycling contract.
8. Memorandum dated 12/10/02 to BCC from Bob McMillan, County Attorney, re: 12/02 litigation report.
9. Letter dated 12/9/02 (with attachments) to Chairman McLain from Russ Hauck, LYNX Board Chairman, re: light rail. (cc: BCC, County Manager, Deputy County Managers, County Attorney)
10. Copy of memorandum dated 12/13/02 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into County records.
11. Notice of 12/23/02 City of Sanford Public Hearing re: proposed Sanford Ordinance #3762-annexation of property between SR 46 and Moores Station/Beardall Ave. and Cameron Ave.
12. Letter dated 12/1/02 (with attachments) to BCC from Ben Hudson re: various issues.
13. Copy of letter dated 12/9/02 (with attachment) to County Manager Grace from Richard W. Wells, City of Casselberry, re: annexation of property at 1555 SR 436. (cc: Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
14. Copy of letter dated 12/13/02 to W.P. Coffing, AVP Real Estate, from Lonnie Groot, Stenstrom McIntosh Colbert, Whigham & Simmons, re: City of Sanford/CSX Transportation billboard.
15. Memorandum dated 12/12/02 (with attachment) to BCC from Mark Van Bever, Court Administrator, re: reimbursement of court-related expenses.
16. Letter dated 12/12/02 (with attachments) to BCC from Hugh Harling, Harling Locklin & Assoc., re: Fossitt Business Park. (cc: County Manager, Tony Matthews)
17. Letter dated 12/13/02 (with attachment) to BCC from Rachel Carnicelli, Sanford Deputy City Clerk, re: Sanford Ordinance #3759-annexation of property at 405 Kimberly Ct. (cc: Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
18. Letter dated 12/6/02 (with attachment) to Chairman McLain from Larry Dale, Orlando Sanford Airport, re: security concerns/vehicle parking along Airport roadways. (cc: BCC, County Managers, Public Safety Director)
19. Letter dated 12/10/02 to Chairman McLain from Irene Lieberman, Broward County Commission, re: FL Assoc. of Counties Urban Caucus meetings. (cc: BCC, County Managers, County Attorney)
20. Letter dated 12/9/02 (with attachment) to Chairman McLain from Anne S. Brewer, FDOT, re: CRT and LRT rail studies. (cc: BCC, County Managers, Planning & Development Director, Alice Gilmartin)
21. Letter dated 12/5/02 (with attachment) to Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: Casselberry Ordinance #02-1073-annexation of Grindle Plaza property. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
22. Letter dated 12/10/02 to BCC from Joe Saviak, LYNX, re: ridership and bus survey. (cc: County Managers, Planning & Development Director, Alice Gilmartin)
23. Copy of letter dated 12/16/02 to Frank Ward, Jr., FL Recycling Services, from County Manager Grace re: payment of Seminole County disposal fees.
24. Copy of letter dated 12/12/02 to State Representative Andy Gardiner, Orange County Legislative Delegation Chairman, from State Representative Frank Attkisson re: LYNX plan.
25. Copy of letter dated 12/17/02 to County Manager Grace from Michael J. Oliver, Centex Homes, re: DRC procedural changes.
26. Letter dated 12/18/02 to BCC from Sid Vihlen, Jr., FL Recycling Services, re: solid waste and recycling contract.
27. Memorandum dated 12/19/02 (with attachments) to Diane Merkt, BCC office, from Fran Sullivan, Tourism Development, re: approved TDC minutes of 12/12/02.
28. Letter dated 12/16/02 (with attachments) to Chairman McLain from Bill Suber, Property Appraiser, re: 2002 Final values for: U.S. 17-92 Community Redevelopment District (04 & G4); Altamonte Springs Community Redevelopment District (A2); Casselberry Community Redevelopment District (C2); U.S. 17-92 Casselberry Community Redevelopment District (C4); U.S. 17-92 Lake Mary Community Redevelopment District (M4); Seminole Towne Center Community Redevelopment District (S2); Sanford Downtown Waterfront Community Redevelopment District (S3); U.S. 17-92 Sanford Community Redevelopment District (S4); and U.S. 17-92 Winter Springs Redevelopment District (W4). (cc: BCC, County Manager)
29. Copy of letter dated 12/17/02 (with attachment) to Cindy Hall, Fiscal Services Director, from Bill Suber, Property Appraiser, re: 2002 Forms DR 422, Final Certification of Taxable Value for: Seminole County Florida (BCC); Seminole County Road Improvement District; Seminole County Stormwater Improvement District; and Seminole County Fire Unit. (cc: BCC, County Manager)
30. Notice of Seminole County LPA/P&Z 1/8/03 Rezone Public Hearing re: The Sanctuary at Lake Ann. (cc: Property Appraiser, Elections Supervisor)
31. Copies of letters dated 12/17/02 from Ken Roberts, Public Safety Director, re: monetary donations to Animal Services, to Arthur Whitehill and Aubrey Willard.
32. Copies of letters dated 12/19/02 from Ken Roberts, Public Safety Director, re: monetary donations to Animal Services, to Thomas White, Karen Pasion, and Carl Migdalski.
33. Copy of letter dated 12/16/02 to Charles A. Sloan, Economic Development Commission of Mid-Florida, from Jack Gaskins, Jr., FDCA, re: Seminole County Industrial Development Authority Noncompliance with FY 2000/01 Annual Financial Report Requirement.
34. Notice of 1/8/03 Seminole County LPA/P&Z Rezone Public Hearing re: Kirtley Center. (cc: Property Appraiser, Elections Supervisor)
35. Letter dated 12/19/02 (with attachment) to Chairman McLain from Kathye Strickland, University of Central Florida, re: Seminole County Rail Station 3D Simulation and Visualization. (cc: BCC, County Managers, Planning & Development Director, Alice Gilmartin)
36. Copy of letter dated 12/20/02 to Kathleen Myer, P.E., Seminole County Engineering, from Larry Dale, Orlando Sanford International Airport, re: East Lake Mary Blvd. and sharing of costs of FP&L underground power lines. (cc: BCC)
37. Copy of letter dated 12/20/02 (with attachment) to Dr. David Medley from Beth Hamilton, FDLE, re: Byrne Formula Grant Program funds and Criminal Justice Coalition-Neighborhood Enhancement & Eradication of Drugs 4. (cc: BCC, County Managers)
38. Parks/Recreation Contract, as shown on page _______, with Michael Kember (Tennis Instructor).
39. Letter dated 12/27/02 (with attachments) to BCC from Rachel Carnicelli, Sanford Deputy City Clerk, re: adopted Sanford Ordinance #3762-Annexation of property between SR 46 and Moores Station/Beardall Ave. and Cameron Ave. (cc: Planning & Development Director, Planning Manager, Elections Supervisor)
40. Letter dated 12/26/02 to BCC from Diane Pickett Culpepper, Time Warner Cable, re: possible discontinuation of Fox/Sunshine Network.
41. Copy of letter dated 12/26/02 to Winnifred J. Haeling from Joe Gasparini, Parks & Recreation Manager, re: monetary donation in memory of Fred Haeling.
42. Memorandum dated 12/26/02 to BCC from County Manager Grace re: Capital Project Fund transfer of $55,000-Douglas Ave./Markham Woods Rd. intersection.
43. Notice of and agenda for 1/7/03 Sanford CRA special meeting.
44. Notice of and agenda for 1/8/03 Sanford CRA regular meeting.
45. Memorandum dated 12/23/02 to BCC from County Manager Grace re: Capital Project Fund transfer of $25,000-SR 46/Orange Blvd.
46. Notice of 1/15/03 City of Altamonte Springs Planning Board hearing re: site plan approval for 915 Baywood St. (cc: BCC, County Manager, Deputy County Managers, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
47. Letter dated 12/20/02 (with attachment) to BCC from Vivian Parker & Family re: opposition to Wal-Mart locating in Oviedo.
48. Letter dated 12/30/02 (with attachment) to Dr. Jon Trevisani from Terry Schenk, County Fire Chief, re: quick response to fire at his residence. (cc: BCC, County Manager, Deputy County Manager [RF], Public Safety Director)
49. Letter dated 1/2/03 to BCC from Diane Pickett Culpepper, Time Warner Cable, re: partnership between County and Time Warner Entertainment & Advance/Newhouse (TWEAN).
50. Notice of 1/16/03 City of Sanford conditional use public hearing re: 1501 Brisson Ave. (cc: BCC, County Manager, Planning & Development Director, Planning Manager)
51. Notice of 1/16/03 City of Sanford rezone public hearing re: 343 Monroe Rd. (cc: BCC, County Manager, Planning & Development Director, Planning Manager)
52. Letter dated 12/31/02 to BCC from Bassam Nasser re: denial of agricultural classification. (cc: County Manager, Deputy County Manager [RF], Planning & Development Director, Planning Manager, Property Appraiser)
53. Copy of letter dated 12/26/02 (with attachment) to Ray Eubanks, DCA, from Chairman McLain re: transmittal of adopted Fall 2002 Large Scale Plan Amendments to Seminole County Comp Plan.
54. Notice of 1/16/03 Tri-County League of Cities meeting.
55. Memorandum dated 1/2/03 to BCC from County Manager Grace re: Capital Project Fund transfer of $250,000-Natural Lands/Trails.
56. Memorandum dated 1/2/03 to BCC from County Manager Grace re: Capital Project Fund transfer of $466,010-Natural Lands/Bond.
57. Memorandum dated 12/30/02 to BCC from County Manager Grace re: Capital Project Fund transfer of $100,000-Dodd Rd. project.
58. Parks/Recreation Contract, as shown on page _______, with Jake Borton (Slow-pitch Softball Scorekeeper).
59. Notice of 1/13/03 City of Sanford Annexation public hearing re: property between Iowa Ave./Narcissus Ave. and Old Monroe Rd./CR 15. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
60. Copy of Memorandum dated 1/2/03 (with attachments) to Governor’s Office of Planning & Budgeting from Annette Dann, OMB, re: Proposed Work Program Amendments to the FY 2002/03-2006/07 Adopted Work Program.
61. Copy of letter dated 1/2/03 to FL Representative Sandra Adams from Robert Dallari, Oviedo City Council Chairman, re: traffic light at intersection of Broadway & Pine Streets, Oviedo. (cc: BCC, County Manager, Deputy County Manager [RF], Public Works Director, County Engineer, Traffic Engineer)
62. Notice of 1/15/03 Seminole County Port Authority meeting.
63. Copies of letters dated 1/2/03 and 1/6/03 from Ken Roberts, Public Safety Director, re: monetary donations to Animal Services, to: Christina Leggatt; Marcus Phillips; Richard Gombos; Cornelia Dietzel; and Mel Jacob.
64. Notice of 1/28/03 Seminole County rezone public hearing re: The Sanctuary at Lake Ann. (cc: County Manager, Property Appraiser)
65. Copy of memorandum dated 1/10/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into County records.
66. Memorandum dated 1/7/03 to BCC from County Manager Grace re: Capital Project Fund transfer-$100,000 for Montgomery Rd.
67. Copy of letter dated 1/10/03 to Larry Dale, Orlando Sanford Airport, from Robin Butler, Traffic Engineering, re: security concerns/vehicle parking along Airport roadways.
68. Copy of letter dated 1/8/03 to Barbara Lewis from Ken Roberts, Public Safety Director, re: in-kind donations to Animal Services.
69. Copy of letter dated 1/8/03 to Ron McLemore, Winter Springs City Manager, from County Manager Grace re: Fire/EMS merger between County and City of Winter Springs.
CHAIRMAN’S REPORT
Chairman McLain advised of a letter from the Law Library Chairman asking that Attorney George Wallace be considered for appointment to the Law Library.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint Attorney George Wallace to the Fred R. Wilson Memorial Law Library Board of Trustee; and adopt appropriate Resolution #2003-R-11, as shown on page _______, of appreciation to Attorney Richard Colegrove for his services on the Law Library Board of Trustee.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Chairman McLain reported of a letter (copy received and filed) received from the Orlando Sanford International Airport regarding Seminole County working with the Airport on sharing the cost for some underground power utilities. He stated Mr. Grace will give a full briefing on this at the next meeting.
Mr. Grace said this is targeted for the first meeting in February.
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Chairman McLain advised that on January 24 - 30, the Irish delegation will be here with approximately 40 people. He distributed a list (copy received and filed) of people coming. He said rather than go to a sit-down restaurant, he thought it appropriate to have a barbeque. Mr. Larry Dale has agreed to allow them to use his barn. He said he is anticipating 100 people. He has spoken to Mr. Gary Ganas to do the cooking at a cost of about $12 to $15 per person. He said he has started a list of people to send an invitation. He asked if the Commissioners have others to be added to the list that they give the names to Kathryn Townsend, Tourism Development Office.
Chairman McLain said the County would pay this cost. The Board had no objections. Chairman McLain stated the barbeque would be held on January 26, from 4:00 to 10:00 p.m. Mr. Grace will determine the source of funding.
Upon inquiry by Commissioner Maloy, Mr. Grace advised that this is an organization of councils across Ireland and not just County Wicklow. It will be a nationwide delegation, including some of the same people who came before.
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Chairman McLain stated he received a letter (copy received and filed) from Ilene Lieberman, Broward County, requesting Seminole County to have a representative on the Urban Caucus. He asked Commissioner Morris to serve as the representative. He asked Mr. Grace to coordinate with Commissioner Morris and send a response that Commissioner Morris will be the County’s representative.
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Chairman McLain advised that DOT has $2 million to resurface the section of roadway on Highway 46 from CR 415 west to Mellonville Avenue. The Airport has offered to donate whatever right-of-way is needed on the north side to four-lane that section. He has spoken with Mr. Snyder and he wants to work with the County to find a way to save the $2 million, speed up the roadway and four-lane it. He asked Commissioner Van Der Weide to get involved in this.
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Chairman McLain stated he received a letter from the Governor requesting that Commissioner Morris participate with him on an official visit to Spain. Chairman McLain said he supports the Board providing transportation and lodging for that trip. This would be February 16-21, 2003. Copy of the letter from the Governor was received and filed into the Record.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve Commissioner Morris taking the trip to Spain with the Governor and approve the County paying the expenses for the trip.
Under discussion, Mr. Grace estimated the cost to be in the $3,000 to $4,000 range. He said he will report back to the Board on this.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Maloy voted NAY. He said he has consistently opposed all foreign travel.
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Chairman McLain stated with the Task Force giving the Expressway the authority to choose the final alignment, he thinks it would be wise to call an Expressway meeting in the near future and brief that group, and include several homeowners’ presidents and homeowner associations in that corridor who would be interested. He thinks it is important to include them in some of the deliberations and the Board may want to appoint a citizens advisory committee. He said he will leave that in the hands of Commissioner Morris, Chairman of the Expressway Authority.
Commissioner Morris said he noticed the Executive Director of the Expressway Authority is nodding in concurrence with this. He suggested holding a meeting at Sylvan Lake before the legislative session. Whereupon, Chairman McLain said maybe a meeting can be held during the first half of February.
Commissioner Morris stated also the study on the Oviedo toll reductions on 417 has come back.
Commissioner Van Der Weide stated he is looking forward to a community meeting on the expressway alignment.
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to reappoint the following:
Jake Bebber to the Agriculture Advisory Committee for a term ending January 1, 2005;
Chris LaSage to the Animal Control Board for a term ending January 1, 2004;
Larry Lawver to the Code Enforcement Board for a term ending January 1, 2006;
Phil Tua to the Historical Commission for a term ending January 1, 2005, and adoption of appropriate Resolution #2003-R-12, as shown on page _______, of appreciation to Mike Barr for services on that Board;
Patti Zelsman to the Library Advisory Board for a term ending January 1, 2005;
Daryl Leidigh, Leigh McEachern, and Kim Jennison to the Natural Lands Committee for terms ending January 1, 2005; and F. N. Goodall to the Well Drillers Board for a term ending January 1, 2004.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Morris showed a magazine article from the Florida Trail Association of the new Mills Creek dedication with a picture of the ceremony including Congressman Mica and with Commissioner Maloy’s son, Bradley, cutting the ribbon.
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Commissioner Morris advised he has not accepted the letter of resignation from Paul Tremel, and Mr. Tremel has agreed to continue to serve on the P & Z Board a little longer while someone is sought to fill the position.
Motion by Commissioner Morris to appoint Anthony Brown to the Parks and Recreation Advisory Board for a term ending January 1, 2004, and adoption of appropriate Resolution 2003-R-13, as shown on page _______, of appreciation to Kathy Gehr for her service.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Morris discussed the transportation item on the urban zone, a rural design of 17-92 from the Orange County line to Lake of the Woods Boulevard. He said this will be put in the work program for DOT for the Year 05/06. Some preliminary discussions with FDOT indicate Seminole County is the JPA and potentially the County could forward the money (and be repaid) and get the work done in Year 2005. Copy of memorandum from County Engineer, Jerry McCollum, was received and filed.
Commissioner Morris reported that Representative Johnson has drafted a bill reconstituting MetroPlan Orlando and Lynx into a single board. Whereupon, Chairman McLain advised that information was incorrectly reported. He clarified that the representation would be four County Commissioners from Orange County, the City of Orlando, one County Commissioner from Osceola County, one representative from Kissimmee, two Seminole County Commissioners, and one representative from the largest city in Seminole County. He said the County’s Legislative Consultant, Mr. Brantley, is monitoring this for the County.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to appoint/reappoint the following:
Clay Hartsoe and Paul E. Klinger, Jr. to the Agriculture Advisory Committee for two-year terms ending January 1, 2005;
Dr. Stephen Wiseman to the Animal Control Board for a one-year term ending January 1, 2004;
Fred Gaines to the Historical Commission for a two-year term ending January 1, 2005;
Bob Goff to the Natural Lands Committee for a two-year term ending January 1, 2005;
William Kinane and Ben Tucker to the Parks and Recreation Advisory Board for one-year terms ending January 1, 2004; and Ben Tucker to the Planning and Zoning Commission for a four-year term ending January 1, 2007;
Paul Zuromski to the Historical Commission for a two-year term ending January 1, 2005; and adoption of appropriate Resolution #2003-R-14, as shown on page _______, of appreciation to John Bistline for his service on the Historical Commission;
Ben Tucker to the Natural Lands Committee for a two-year term ending January 1, 2005; and adoption of appropriate Resolution #2003-R-15, as shown on page _______, of appreciation to Charles Ashley for his service;
Stan Bessemer to the Electrical Contractors Board replacing Douglas Matern, who agreed to step aside due to a State requirement situation.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Morris asked Mr. McMillan for a legal interpretation of whether Mr. Voorhees is a lay person, as he is not holding an active license.
Don Fisher, Planning and Development Manager, addressed the Board to state staff is working with the County Attorney’s office regarding this matter. He said the Statutes indicate that the professional affiliation is the indicator and not whether the person holds a current or expired contractors license. He said if there is association with the profession, then you are not a lay person.
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Commissioner Henley stated that three other proposals have been filed in addition to the one by Representative Johnson regarding MetroPlan and Lynx. He advised that Hal Tipton was appointed as the Interim Director for Lynx and instructed that he was not appointed to sit and wait until the permanent replacement came, but he was to be proactive in attempting to make the necessary corrections. Mr. Tipton sent a letter calling for the resignation of all senior directors, but the effort will not be to make cuts at the lower end of the organization, but at the high end. Commissioner Henley further advised that an Oversight Committee for Finance has been established for the Lynx budget and Cindy Hall is representing Seminole County on that committee. He said the Board needs to be thoroughly versed on the legislation so they are prepared to instruct the Lobbyist on the direction the Board wants to go.
Upon inquiry by Commissioner Morris on the position of the Board, Commissioner Henley stated he has discussed with a couple legislators that the Board does have options and would exercise those if they feel that is in the best interest of the County. Whereupon, Mr. Grace stated that once staff sees the detailed language of the legislation, he anticipates bringing it to the Board to get a formal position. This might be at the next meeting.
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Motion by Commissioner Henley, seconded by Commissioner Morris, to make the following appointments:
David Evans to the Agriculture Advisory Board for a two-year term ending January 1, 2005; and adopt appropriate Resolution #2003-R-16, as shown on page _______, of appreciation to Betty Schlusmeyer for her service;
Sally Shepard to the Disability Advisory Board for a two-year term ending January 1, 2005;
adopt appropriate Resolution #2003-R-17, as shown on page _______, of appreciation to John Stowe, III, for his service on the Natural Lands Committee; and
reappoint Mack McReynolds to the Seminole County Industrial Development Authority for a four-year term ending January 1, 2007.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Henley reported that the Code Enforcement Board case involving Alpine Street is in the same condition as before.
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Upon recommendation by Chairman McLain, motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint/reappoint the following:
Imogene Yarborough and Paul King to the Agriculture Advisory Committee for two-year terms ending January 1, 2005; and adopt appropriate Resolutions #2003-R-18, as shown on page _______, of appreciation to Bob French for his service and #2003-R-19, as shown on page _______, of appreciation to David Rowland for his service;
reappoint Fred Harden, John Horan, and Andrew Van Gaale to the Natural Lands Committee for terms ending January 5, 2005; and
reappoint Tom Mahoney to the Planning and Zoning Commission for a term ending January 1, 2007.
Districts 1, 2, 3, 4, and 5 voted AYE.
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County Manager’s REPORT
Mr. Grace distributed a handout, “Executive Summary, Commuter Rail Station 3D Simulation and Visualization” (copy received and filed). He said Congressman Mica’s office has requested that Seminole County participate in this project to develop a 3D simulation of the entire commuter rail corridor. The County’s share of the project is $30,000, and the money would come from the General Fund contingency.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the County’s participation and funding in the amount of $30,000 for the Commuter Rail Station 3D Simulation and Visualization project.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Mr. Grace stated the City Manager of Longwood advised that the City Council approved paying their share of the ADA para transit costs. That leaves now only one city not participating, which is Winter Springs.
Chairman McLain encouraged Commissioner Morris to speak to the City of Winter Springs officials. Whereupon, Commissioner Henley stated he has spoken with the Mayor and he is in favor of doing so.
Upon inquiry by Commissioner Maloy, Mr. Grace said he and the cities understand that this participation is a short-term solution.
Commissioner Van Der Weide thanked all the Commissioners for following up on their contacts with the cities.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:07 p.m., this same date.
ATTEST: ______________________Clerk ___________________Chairman
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