BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

JANUARY 24, 2006

 

 

 
     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 24, 2006, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     Acting County Manager Don Fisher

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Pastor Tim Storms, Safe Harbor Christian Church, Sanford.

     Commissioner Carey led the Pledge of Allegiance.

 

Awards and Presentations

 

     Fire Chief Leanna Raw advised the Board that Mr. Gaddy could not be present today as he was in a training class.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2006-R-16, as shown on page _______, commending Todd Gaddy, Lieutenant/Paramedic, EMS/Fire/Rescue, and Joey Rodriguez, Fire Inspector/Planning & Development, for their meritorious actions on December 15, 2005.

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


     Commissioner Morris presented the Resolution to Mr. Rodriguez and Fire Chief Raw.

     Fire Chief Raw stated she will make sure that Lt. Gaddy is recognized and she gave his apologies for not being here today.  She said what really needs to be applauded is the efforts that went forth between two totally different departments working together.  She expressed thanks to the Board.

     Mr. Rodriguez expressed his thanks to the Board and said it was a privilege to receive this resolution.  He stated that Mr. Gaddy was just doing what he does best and he was just there to assist him.  It was a privilege to help the people in need and they appreciate the resolution very much. 

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     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt appropriate Resolution #2006-R-11, as shown on page _______, commending Earnest D. Lee for his 34 years of service to Seminole County and its citizens upon his retirement.

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

     Commissioner Dallari presented the Resolution to Mr. Lee.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2006-R-12, as shown on page _______, proclaiming the month of February as “Black History Month”.

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

     Commissioner Van Der Weide presented the Resolution to Mrs. Victoria Brown-Smith and family members with her.

     Mrs. Smith expressed her thanks to the Board for recognizing Black History Month.  She stated she wrote a book about black history and they would be surprised and amazed at the history in Seminole County.  When she started doing research she was really amazed at how historical Sanford and Seminole County are.  She recognized her brothers and sister-in-law who came with her today.

COUNTY MANAGER’S Consent Agenda

 

     Mr. Fisher advised that Item #15, Approve ranking list, authorize negotiations and award PS-0123-05/DRR for CEI Services for CR 46A, Phase III, CR 15 Country Club Road to Old Lake Mary Road to HDR Construction, Inc., of Orlando, has been pulled from the agenda.  He clarified regarding Item #12, Approve submittal of a grant application to the Florida Department of State, Division of Cultural Affairs, for the International Cultural Exchange Grant Program, that there is a matching grant of $25,000.  If the grant is approved, he will check to see if Tourist Development dollars can be used for that, and if not, it will require General Fund dollars.

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

Administrative Services

Support Services

 4.  Approve and authorize Chairman to execute the Fourth Amendment, as shown on page _______, to the Lease Agreement between Seminole County and Reflections at Hidden Lake, Inc.  

 

Economic Development

 5.  Approve and authorize Chairman to execute Amendment, as shown on page _______, to the Letter of Credit (#F701494); and request to draw $45,014.22 from the revised Letter of Credit for Unicell Paper Mills, Inc.

 

Environmental Services

Business Office

 6.  Approve release of original Water and Sewer Maintenance Bond #29-32-22 dated 1/16/04 (Taylor Woodrow) ($11,589.00) for water and sewer for the Alaqua Lakes Phase 7B project.    

PEI

 7.  Approve and authorize Chairman to execute the Exhibit “G” Amendment, as shown on page _______, to Conditional Agreement for Water with KB Homes of Orlando for over sizing/extending off-site facilities to the Copper Chase Townhomes.

 

Fiscal Services

Administration

 8.  Authorize Tax Collector to publish the 2005 Tax Delinquent Lists in the Sanford Herald at the rate of $0.85 per square inch based on a one-time insertion. 

Budget

 9.  Adoption of Budget Amendment Resolution #2006-R-21, as shown on page _______, #06-28 - $791,663 – Public Works – Various Funds; to establish budgetary funding for the Innovative Waste Reduction grant approved by the Board on December 20, 2005.

Grants

10.  Approval to submit a grant application to the Department of Community Affairs for the Emergency Management Preparedness (EMPG) Competitive Grant Program. 

11.  Approve and authorize Chairman to execute the Subscription Service Agreements, as shown on page _______, for non-profit agencies to access the eCivis Grants Locator.

12.  Approve submittal of a grant application, as revised, to the Florida Department of State, Division of Cultural Affairs, for the International Cultural Exchange Grant Program.

Purchasing

13.  Approve and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1238-04/AJR – Seminole County Firefighter Training Facility Re-Roofing Construction Project with the Roofing Connection, Inc.

14.  Approve and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1255/TLR – Ditch Debris Clean-up/Clearing and Grubbing.

15.  Pulled from the agenda the request to approve ranking list, authorize negotiations and award PS-0123-05/DRR – Professional Services Agreement for CEI Services for CR 46A, Phase III, CR 15 Country Club Road to Old Lake Mary Road to HDR Construction, Inc., of Orlando.  (Estimated at $660,000.00)

16.  Approve Amendment #16, as shown on page _______, to PS-332-96/BJC – Engineering Services for Lake Emma Road with Bowyer-Singleton & Associates, Inc. of Orlando ($142,211.00).

17.  Approve Amendment #1, as shown on page _______, to PS-5140-03/BJC – Master Agreement for Engineering Services for the Intersection of SR 436 and Red Bug Lake Road with URS Corporation of Orlando to update the wage rates.

Sole Source/Proprietary Source

18.  Approve Sole Source Procurement to acquire “NO SMOKE” system for fire apparatus, with Ward Diesel Filter, Elmira, NY through the authorized dealer Ten-8 Fire Equipment, Sanford ($240,000.00).

19.  Approve Sole Source Procurement to acquire Telestaff and Webstaff software program with Principal Decision Systems International, Orange, CA ($78,735.00 [5 years]).

 

Library & Leisure Services

20.  Approve and authorize Chairman to execute Amendment, as shown on page _______, for extension of the City of Oviedo Community Park Agreement from January 30, 2006 to June 30, 2006. 

 

Planning & Development

Community Resources

21.  Approve and authorize Chairman to execute a Seminole County/United States Highway 17-92 Community Redevelopment Agency HUD/CDBG Subrecipient Agreement, as shown on page _______, for Program Year 2004-2005. 

22.  Approve and authorize Chairman to execute Satisfactions, as shown on page _______, of Second Mortgage for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Marchelle D. Adkins; Ferman Barrett, III, and Vikkie L. McMillan; John Couturier and Barbara Couturier; Merle C. Kirkhuff; Gladys Morales; Freda Drzemala Patterson; and Phyllis A. Rosa. 

Development Review

23.  Approve and authorize Chairman to execute the Minor Plat for North Lake Jessup Estates consisting of four (4) lots minimum of 1-acre each located on the east side of S. Sipes Avenue, approximately ½ mile south of East Lake Mary Boulevard (William B. Atchley). 

24.  Approve and authorize Chairman to execute the Minor Plat for Joyce Estates consisting of two (2) lots containing a total of 10 acres located at the southwest corner of Lake Avenue and Cadillac Street, approximately ½ mile west of South Sanford Avenue and south of Myrtle Street. 

25.  Approve release of Performance Bonds #3066134 ($72,405.58), Bank of America for the Trails Unit 2A, and #3076137 ($303,602.88), Bank of America for the Trails Unit 2B (Maronda Homes, Inc. of Florida, Wayne Von Dreele, President). 

 

Public Works

Engineering

26.  Adopt Resolution #2006-R-17, as shown on page _______, accepting a Sidewalk Easement, as shown on page _______, for the construction of a sidewalk along a portion of Hunt Club Boulevard. 

Roads-Stormwater

27.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between the Florida Department of Environmental Protection (FDEP) and Seminole County for receipt of funding from the FDEP for the Lockhart-Smith Canal Regional Stormwater Facility. 

    

     Commissioner Morris stated regarding Item #21, Approve and authorize Chairman to execute a Seminole County/United States Highway 17-92 Community Redevelopment Agency HUD/CDBG Subrecipient Agreement Program Year 2004-2005 that this is a major move forward with respect to the work on 17-92 in the Fern Park area.  He said the Board owes a debt of gratitude to their friends in the City of Casselberry for making this work and at least one property owner who saved the County a significant amount of money in terms of being able to transgress his property.  Also, the City of Altamonte Springs did step up and do a review for the County and stepped out of the way so the County could move on.

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

 

constitutional officers’ Consent Agenda

 

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

Clerk’s Office

28.  Expenditure Approval Lists, as shown on page _______, dated December 27, 2005, and January 3, 2006; and Payroll Approval List, as shown on page _______, dated December 29, 2005.

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

 

 1.  Performance and Payment Bonds, as shown on page _______, in the amount of $315,750 for Lake Club.

 

 2.  First Amendment, as shown on page _______, to Agreement RFP-4258-05 with The Grove Counseling Center, Inc.

 

 3.  Work Order #3, as shown on page ______, to PS-5182-05, S2LI.

 

 4.  Work Orders #19 and #20, as shown on page _______, to CC-1262-05, Schuller Contractors.

 

 5.  Change Order #ES 003, as shown on page _______, to CC-1249-04, Southland Construction, Inc.

 

 6.  Head Tennis Pro Agreement, as shown on page _______, with Alice Reen.

 

 7.  Non-certified Tennis Pro Agreements, as shown on page _______, with Taryn Lamonettin, Emily Haylock, Jason Sullivan, John Gegenheimer, Brandon Pike, Deborah Coreil, Clint Ekelund, and Robyn Suto.

 

 8.  Certified Tennis Pro Agreements, as shown on page _______, with Michael Custer, Mick Andrews, and Sergio Rivas.

 

 9.  Recorded Mortgage Deed, as shown on page _______, for Deborah Cortes.

 

10.  First Amendment, as shown on page _______, to RFP-4172-02, Carolina Software, Inc.

 

11.  Work Order #7, as shown on page _______, to RFP-4241-05, Guardian Equipment, Inc.

 

12.  Work Orders #8 and #9, as shown on page _______, to PS-5174-04, Connect Consulting, Inc.

 

13.  Third Amendment, as shown on page _______, to IFB-3096-04, Active Lawn Care and Landscaping, Inc.

 

14.  Mutual Termination, as shown on page _______, of Term Contract RFQ-0195-05, Active Lawn Care and Landscaping, Inc.

 

15.  Escheatment Tax Deed, as shown on page _______, for Property Identification Number 25-21-31-300-0010-0000.

 

16.  Notice from the Florida Public Service Commission regarding Electric Infrastructure Workshop to be held on January 23, 2006.

 

17.  Satisfaction, as shown on page _______, of Connection Fees for the project known as AmSouth Retail Shoppes @ Hunt Club.

 

18.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with the District Board of Trustees for the projects known as Seminole Community College Heathrow Campus, Phase 1 and Phase 2, and with Centex Homes for the project known as Walden Chase.

 

19.  Letters of acceptance and Bills of Sale, as shown on page _______, for the projects known as Hawthorne Glenn and Isola Retail Center.

 

20.  Development Orders, as shown on page _______, for Luis Munoz, 1060 Twin Lakes Road; and Daniel May, 700 Baywood Circle.

 

21.  Work Orders #32, #33, and #34, as shown on page _______, to PS-5165-04, Inwood Consulting Engineers, Inc.

 

22.  Satisfaction, as shown on page _______, of Lien for Medford D. and Willie M. Lynd, Case No. 03-99-CEB.

 

23.  Second Amendment, as shown on page _______, to RFP-4213-04, Ronco Communications & Electronics, Inc.

 

24.  Recorded Amended Mortgage Deed, as shown on page _______, for Curtis and Jacalyn Watson.

 

25.  Amendment #1, as shown on page _______, to Work Order #11 for PS-372-97, Camp Dresser & McKee, Inc.

 

26.  Probation Division Community Service Supervising Agency Agreement, as shown on page _______, with the Sanford State Farmers Market.

 

27.  Proof of publication for Notice of Tax Impact of Value Adjustment Board for Tax Year 2005.

 

28.  Letter to David Butler, Department of Revenue, from Sandy McCann forwarding a certified copy of the Notice of Tax Impact of the 2005 Value Adjustment Board advertisement and proof of publication.

 

29.  Fourth Amendment, as shown on page _______, to RFP-484-00, L. A. Consulting, Inc.

 

30.  Memorandum from Kevin Grace to the BCC regarding Capital Project Fund Transfer for the Emergency Power at Critical Lift Stations project in the amount of $300,000.

 

31.  Three Change Orders #1, as shown on page _______, to CC-1262-05 with APEC for the projects Seminole Avenue (Florida Blvd. to North Street), North Street (Palm Springs Blvd. to I-4), and North Street (Palm Springs Blvd. to CR 427).

 

32.  Work Order #10, as shown on page _______, to PS-5174-04, Connect Consulting, Inc.

 

33.  Work Order #1, as shown on page _______, to PS-5183-05, HDR Construction Control Corp.

 

34.  Pre-award Audit Package, as shown on page _______, for PS-0147-05 from Metric Engineering, Inc.

 

35.  Head Tennis Pro Agreement, as shown on page _______, with Timothy Lynch.

 

36.  Certified Tennis Pro Agreements, as shown on page _______, with Daniel Keating, Matthew Steverson, Brian Morrissey, and Pysan Yenchai.

 

37.  Non-certified Tennis Pro Agreements, as shown on page _______, with Sarah Harkins, Donald McGinnis, and Virginia C. Reeter.

 

38.  Development Orders, as shown on page _______, for the following:  Rodney Rapp, 303 Brantley Harbor Drive; Ivan Estrella, 309 Jacobs Trail; Craig Jones, Lots 14 and 15, Dunbar Street; Linda Mee, Lot 14, Ridgewood Street; American Home Corporation, 2201 Terrace Boulevard; Rhema Life Savers International Ministries, Lot 1, Blake Street; Gloria Jenrette, 2415 Florida Avenue; Gordon Harrison, 1685 Sunset Trail; Mark Muth, 1472 Brigham Loop; Kerry Pressley, 1221 Mullet Lake Park Road; Jorge Rodriguez, 628 Alpine Street; William & Anita Doyle, 5141 Goldenrod Place Road; Randy & Rita Terranova, 6313 Bordeaux Circle; Dave & Mervilee Riley, 646 Carrigan Woods Trail; Robert Wilson, 189 Austin Street; Alan T. Arthur, 1769 Blackmon Court; Alicia Burgos, 8475 Anson Court; and Myke & Jennifer Antoine, 18 Bayridge Court.

 

39.  Bids #2131-05, PS-0369-05, and IFB-3132-06.

 

Sheriff’s Office

30.  Approve expenditure of $5,000 from the Law Enforcement Trust Fund in support of Envision Seminole. 

31.  Approve expenditure of $1,000 from the Law Enforcement Trust Fund in support of Leadership Seminole. 

32.  Approval for the Sheriff’s Office to submit a grant application to the Office of Justice Programs, Bureau of Justice Assistance, to purchase portable repeaters to be used by emergency response personnel, and authorize the Sheriff to sign all future documents relating to grant. 

33.  Approval for the Sheriff’s Office to submit a grant application to the U.S. Department of Justice, Office of Justice Assistance, for the Gang Resistance Education and Training Grant (G.R.E.A.T.), and authorize the Sheriff to sign all future documents relating to grant.

    

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

 

Regular Agenda

 

     April Boswell, Assistant Planning Manager, addressed the Board to present the request for reduction of penalty for Code Enforcement Lien, Case No. 03-62-CEB, for property located at 1238 Pine Street, Altamonte Springs, Pamela Harris.  She stated staff is recommending the Board of County Commissioners deny the request to waive or reduce the lien which totals $1,350.  She advised staff did receive a request for reduction of the lien, and the property is now in compliance.  The recommendation for denial of the request is based on the facts that although the Respondent claimed no knowledge of the code violation, the case file shows the Respondent signed the certified mail return receipt form on October 16, 2003, for the letter containing the notice; and though the Respondent claims she did not reside at the address until January, 2005, the Property Appraiser’s records show that the Respondent owns this property and it has been her mailing address since 1995.  The case file also shows she signed the notice on December 4, 2003, of the hearing to request imposition of the lien. 

     District Commissioner Henley stated he finds it very difficult to understand the owner was not aware of this since she signed the return receipt and this has been going on since April, 2003.  He recommended accepting the staff’s recommendation and giving a six-month time frame to work out a repayment schedule.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to deny the request to waive or reduce the Code Enforcement Lien totaling $1,350 for property located at 1238 Pine Street, Altamonte Springs (Pamela A. Harris), Case No. 03-62-CEB; and direct staff to commence a six-month repayment schedule beginning March 1, 2006.

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

     Commissioner Carey advised staff that some of the snipe signs around town say “junk cars wanted” and that phone number is in her office.  She said maybe staff can pass that information along to folks who can’t afford to have a junk car removed.

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     Jerry McCollum, County Engineer, addressed the Board to request to authorize staff to move forward with a Preliminary Engineering Study for the realignment of Oxford Road utilizing 2001 Sales Tax Revenue.  He stated the alternatives are very preliminary at this point.  In the preliminary engineering process, that is when staff will begin the public hearings before the Board, hold public involvement programs, and they will evaluate a lot more issues. 

     Commissioner Morris stated it is important to note that the alignments range from $6 million to $12 million and this is using year-old data.  One of the concerns the Board had earlier was a lighted connection with Lowe’s in terms of a signalization request.  DOT has preliminarily said this is not a good idea, but has held off and not issued a formal ruling.

     Mr. McCollum stated that based on the latest update via phone call this morning, DOT has not denied anything at this stage.  DOT had asked for additional information some time ago from Lowe’s, but has not received that.  He said by the time the County retains a consultant and gets the study going, that issue will be resolved.

     Commissioner Dallari mentioned his concern that the traffic study will be looked at from the redevelopment of the corridor and not just from the Lowe’s perspective, but from other retail and commercial aspects.  He said he wants to make sure this is looked at comprehensively across-the-board.  Mr. McCollum stated the study will look at the whole area and what is best for it.

     Commissioner Dallari asked how they would handle pedestrians crossing the road to make sure the neighborhoods have access to the commercial/retail corridor.  Mr. McCollum said this will be addressed when the study is done.

     Chairman Henley said he thinks this process will also solve some of the other problems in this area.  He stated there have been a lot of water and drainage problems and problems with the homeless in the area immediately behind Lowe’s.  Hopefully, they can come up with some type of open space or park as part of this process.

     Commissioner Carey stated Mr. McCollum might want to look at a super bus stop in the parking lot of what may be Lowe’s.  Whereupon, Mr. McCollum said staff met with Lynx about a month ago and that is one of the issues they talked about.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to authorize the Preliminary Engineering Study for the realignment of Oxford Road utilizing 2001 Sales Tax Revenue.

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

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     Lenor Bromberg, Principal Engineer, and Joe Gasparini, Parks & Recreation Manager, addressed the Board to request approval of the Trails signage Improvements program.  Ms. Bromberg reviewed that during the Budget Work Sessions in August, 2005, the BCC reduced the proposed trails signage improvement project from $300,000 to $175,000.  Based upon the finding that costs to expand Traffic Engineering’s sign production operation with the necessary equipment, space and staffing would exceed the budgeted amount; staff recommends the continued out-sourcing of the production and installation of trails signage.  They have developed a proposed trails signage improvement program based on using the available $175,000 budget.  She stated the four elements of the program are Standard Nomenclature, Specialty Signage standard based upon the Seminole Wekiva Trail, Retrofit of Non-standard Signage, and Information Kiosks.  Ms. Bromberg reviewed the Standard Nomenclature and Specialty Signage elements.  She requested Board adoption of the nomenclature standard in order to continue with the signage installation with the proper names.  She also requested adoption of the Specialty Signage concept so staff can continue to include it on upcoming construction projects, as well as to complete a retrofit of existing trails that did not utilize this standard.  She showed a slide (not received and filed) of an intersection crossing showing how it is currently indicated on the stop sign post what street the trail user is crossing.

     Mr. Gasparini showed slides (not received and filed) as he reviewed the Retrofit of Non-standard Signage and Information Kiosks elements and discussed the budget.

     Chairman Henley stated his concern that the Board wanted staff to investigate and come back with the cost figures to facilitate in-house fabrication, installation and maintenance of the trails.  He said now staff has not given the Board any information on what they asked them to do.  He asked what the cost figures were if they were to go in-house.  Whereupon, Mr. Gasparini said he did not know the detail of the cost figures, but the Board had directed staff to go with a $300,000 budget originally to look and see if it could be done in-house.  He said the cost was going to be well over $300,000.  Upon inquiry by Chairman Henley, he said he is not asking for any additional money over the $175,000.

     Mr. Fisher advised staff went to the City of Orlando where there is a similar setup and the cost of the machine, staffing of six individuals to operate the machine, and an additional facility needed to house it would be over the budget.  He apologized and said he thought the Board had been briefed individually.  He thought the Board work session package that was a follow-up to the budget work sessions gave the details and described why this was not pursued at that time.  Chairman Henley said he does not remember seeing the details on what the various items would cost, other than what is being proposed now.

     Mr. Fisher said staff can again provide that information.  It did say it would be cheaper to contract with the City of Orlando as that would give a better price for the signing packages staff was looking for.

     Commissioner Carey questioned where the signs will be located and said she wants to be cautious that there are not too many signs that blight the trail.  She identified a site at the Oakmonte Shopping Center as a location to put a sign.

     Commissioner Van Der Weide asked if staff was adjusting the materials to be used.  For example, he said in Florida if you build out of wood, you’re asking for problems and the maintenance costs will rise sharply.  Ms. Bromberg answered that staff has been checking into different types of materials while going through the process and keeping in mind the cost and maintenance for use.

     Commissioner Morris reviewed the events that led to this action today.  He proposed making a motion setting a policy for clarification of future activities regarding the trail system.

     Motion by Commissioner Morris, seconded by Commissioner Carey, that on any trail name, any trail route, or any trail spur, the County Commission will do the naming and this will not be generated from the local community or the staff.  The formal naming will be done by the Board of County Commissioners prior to any publication.

     Under discussion, Commissioner Morris said the problem is these things are already a done deal and named when they get to the Board and then there is much confusion over that. 

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

     Commissioner Morris discussed the confusion with the Cross Seminole Trail that is also the Cross Florida Trail that goes up to Lake County.  He said there has to be an overlay on top of the Wekiva Trail.  He stated it is critical to have an overlay marking where the trail connects on the bridge going across I-4 and terminates by SR 46, and there should be a signage that says Cross Seminole or Cross Florida Trail and it can have the Wekiva Trail also.  He said this clearly needs to be denoted because they don’t want people not knowing how to get out of the County.

     Commissioner Morris suggested putting paper maps in the sealed kiosks and replacing those until such time as the trail system is permanent and then staff can use a permanent map.

     Commissioner Morris further suggested where trails cross over municipal jurisdictions that staff invite the cities to attach a sign to the County signs indicating persons are “entering into the city of . . .”

     Commissioner Morris said it is still not covered to have directional signs on the trail to tell people where they can divert off to go to those commercial areas of benefit off the trail (such as a hospital, a 24-hour care clinic, restaurant area, bicycle shop, etc.).  He said this could be for public information and for revenue for the County if there were a marketing program regarding that.  He said he would like to see this brought back to the Commission.  He said in the past, some of the trail signs were paid for by an advertiser.  He pointed out there are some programmatic things that can be done to get revenue from the private sector to advertise their businesses.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the signage which would be adopting the format of the signs already in place with the recommended addition by the Board to offer to the municipal jurisdictions to place entering and leaving signs.

     Under discussion, Commissioner Carey asked staff to ask the maintenance workers to straighten any knocked over signs they come across.

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

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     Chairman Henley recessed the meeting at 10:26 a.m. and reconvened it at 10:37 a.m. with all Board members present.

County Manager’s Briefing

 

     Suzy Goldman, Library & Leisure Services Director, and Gary Johnson, Public Works Director, addressed the Board to request direction regarding implementation of an enhanced roadway median landscaping program. 

     Ms. Goldman gave a slide presentation reviewing implementation plan, key factors in the cities’ median landscape program, the County’s Current Median Landscape Program, Enhanced Program Option, Enhanced Plus Program, Asphalt Surface Management Program, and the County’s Current Program Plus.  She advised that staff is recommending the Current Program Plus option as a cost-effective first step to allow for a landscape maintenance standard to be defined and adopted, and for a more accurate budget for irrigation and possible plant replacement to be formulated.  She said the first year cost is estimated at approximately $320,000 with an annual cost thereafter of $294,000.

     Commissioner Carey said she would like staff to look at very low spray heads to actually water the plants and not the roads.

     Commissioner Morris complimented Ms. Goldman and Mr. Johnson for working together on this project.  He said the accountability factor has been the biggest problem.  He does not believe that now, or through the years, they have been monitoring their outsourcing very well and there has been “skinning” of work.  There have been a variety of things upsetting to the Commission.  He asked if on February 1 Ms. Goldman is able to recruit the people needed and then do the irrigation study analysis, how many months would it take to come back to the Board.  Ms. Goldman said she thinks Mr. Tyson prefers to take this program through a full year growing cycle and do some observations on what could be done without irrigation as opposed to diving in right away and doing studies planned for irrigation.

     Commissioner Morris asked when Ms. Goldman would come back on the other recommendations for irrigation.  She said she would hope to come back during the budget cycle update.

     Commissioner Dallari said he does not see anything for judging this project to be a success, and he asked staff how they would be doing that.  Whereupon, Ms. Goldman said the horticulturist consultant will be charged with bringing back some standards for the Board’s consideration.  Commissioner Dallari said he would like to see quickly how they will actually be judging that this project is a success. 

     Mr. Johnson answered that Commissioner Dallari would see some immediate changes in the growing season upcoming.  He said the expertise that would come in through the Program Manager position in-house will enable staff to determine the standards more effectively.  He advised that criteria should be ready for the Board at the same time frame with the budget cycle because the contract is up for rebidding this year and could be reconstructed in a manner that would identify the performance standards based on the expertise from the consultant.  He said he would recommend when the contract is reevaluated that standards be put in for evaluation.

     Commissioner Carey stated she would support the Current Program Plus approach until they renegotiate the contract or revisit it during the coming year. 

     Mr. Johnson advised the two positions, Program Manager and Inspector, are coming from existing resources and these are not new positions.

     Commissioner Morris commented on his criteria for the success of the project.

     Chairman Henley stated ever since he has been on the Board, they have been concerned about medians and he doesn’t think they have improved them that much.  It was his understanding they were going to set examples in the community by going to zeroscape planting and he has not seen that happen yet; so they are not a good example yet from that standpoint.  He said he wants to know where the water is going to come from to irrigate the 272 medians they are maintaining now.  He said the cities have a higher standard than the County, but some of them do not have even a mile to upkeep, when the County has some 18,000 acres to upkeep.  He stated he is not thrilled about throwing hundreds of thousands of dollars a year in trying to create an aesthetic that most people simply drive by.  Nothing looks better to him than turf and trees.  He would be in favor of getting rid of all the plants and try to manicure the grass and go from there and not require quite as much water.  He said he can assure the Board that the cities would not be doing what they are doing if they had the mileage the County is dealing with.  He realizes the emphasis had been on the gateways, but that is still costing the County a significant amount of money and he is not sure that trying to maintain a high standard or match the cities is the best use of the monies they have because this is going to continue to escalate price-wise and with labor costs.

     Commissioner Van Der Weide said in some cases the County is actually violating their own code enforcement codes.  He thinks the fact the Commission has committed to the gateway roads narrows it considerably from all the roads in the County.  He explained how Wekiva Springs Road, in the rainy season, will have green growth, but in a non-rainy season, it turns into a dust bowl.  He said they have to be careful what they do.  If they don’t bring in the irrigation, they will never get to where they want to be on the gateway roads.  He agreed with Chairman Henley that there is no way they will be able to afford to do all the roads in the County.  He said the County has a much bigger budget than the cities, but they also have a much bigger area to take care of.  He thinks they need to address this and whatever they do, do it first class and make sure it works.

     Commissioner Carey said in the City of Casselberry, adjacent businesses sponsor the medians on Highway 436 and that is a benefit to the businesses.  She said Lake Mary Boulevard is a good example of where the County could have the adjacent businesses be sponsors to help the County maintain the median.  She said by hiring the Program Manager, she expects that person to hold the private company accountable to do what they are supposed to do and have contract language that, if not, they will be terminated and the County will hire someone else.  She said she would like the contracts to be renewed on an annual basis to see how they are doing and hold the contractors accountable.

     Commissioner Dallari asked Ms. Goldman when they will look into partnering with other entities.  She answered that they will look at an Adopt-a- Median Program.

     Commissioner Van Der Weide complimented some of the communities that already are committed to doing a tremendous amount of beautification and irrigation at the homeowners’ expense.  He said there is a real possibility with that and he would think staff should contact some of the communities.  Whatever they do, make sure to do it right, and he reiterated they can’t depend on natural rainfall.

     Commissioner Morris said it has been the direction of the Board repeatedly that if just trees were planted that would grow and they are watered, there would be a canopy and that visual is very good.  What has been planted, though, has been very few canopy trees, but sub canopy trees that go into distress during the drought cycle and then die.  He said if they could get some established oaks growing, that would work.  He stated the Board is still pushing for those trees.  It would be nice to see that come back.

     Motion by Commissioner Carey, seconded by Commissioner Morris, to accept the staff recommendation for the Current Program Plus and for this to come back at mid-year with the budget information for further discussion.

     Under discussion, Commissioner Carey advised the program she is approving is at $319,917 startup costs.

     Mr. Fisher advised the source of the funds is the Transportation Trust Fund and there is sufficient money available.

     Ms. Goldman stated staff would bring back a budget transfer item sometime in February.  This would be the transfer between the departments.

     Commissioner Morris reiterated for staff to bring back the other items that the Board does not have good information on now.

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

     Commissioner Morris referred to Commissioner Van Der Weide’s mention of Wekiva and the trouble area on Red Bug Road in Commissioner Dallari’s district and asked staff if it would be advisable during this period of time to take some before and after pictures and use one of these as a test project. 

     Chairman Henley stated he has never had a citizen complain to him about the medians, but he has had an untold number of citizens complain about the retention ponds.  He said he would like to have some discussion on retention ponds at an upcoming briefing on what the existing programs are, where the biggest problems are, and see if the Board has the will to address that in the upcoming budget.

     Commissioner Carey advised Seminole Soil and Water recently did some retention pond clean up projects, and she encouraged Chairman Henley to contact them as they have a good volunteer group.

     Chairman Henley said he received a letter from the firefighters asking to have them more involved in volunteer work.  This might be something they would be interested in helping with.  Also, the Weekend Warrior Program could be another area they can get some assistance from if they discuss this with the Sheriff. 

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     Chairman Henley reviewed that the Board at a previous meeting asked United Arts, Helen Stairs, and Seminole Cultural Arts to provide the Board with information for discussion.  He thanked the organizations for the information provided (copies received and filed).  He said the last Board action appropriated the first $100,000 to the arts under a contract and today they are dealing primarily with what the Board wants to do regarding the remaining $105,000.

     Suzan Bunn, Tourism Development Director, addressed the Board to seek approval of the financial structuring at the $.50 per capita level.  She provided the Board some different options of how to divide the money.  She recommended, however the money is divided, that there be an audit component and an accountability component, and consideration of matching funds be given.

     Chairman Henley stated he hopes that with the new money, they will continue with the aspect of promoting all of the arts.

     Upon inquiry by Commissioner Dallari, Linda Moore, Seminole Cultural Arts Council, addressed the Board to explain what the additional money allocated will be used for.  Discussion ensued.

     Commissioner Carey asked how Ms. Moore is proposing to pay for the staff person to implement all the programs.  Ms. Moore stated she anticipates working with an intern through UCF and volunteers.  She said they will be partnering to make sure their dollar amount carries a lot of weight.

     Upon inquiry by Chairman Henley about Ms. Moore’s plans for increasing the sources of revenues other than depending on the County and State governments.  Ms. Moore stated she is in the process now of applying for a grant for local arts agencies and is anticipating having $25,000 from that.  They are putting together a gala for February 4 and anticipating some fund raising with that and are looking for other opportunities.  She said their strategic plan is to have two major fund raisers a year and do some partnerships with local businesses.

     Margot Knight, United Arts, addressed the Board to answer the question by Commissioner Carey about how much of the increase to United Arts would be guaranteed to be spent on Seminole County events and programs in Seminole County.  Discussion ensued with regard to the school program.

     Chairman Henley asked Ms. Knight to discuss what would be the impact on Seminole County should the Board decide to allocate all of the money to United Arts; to comment on the United Arts grant program, and on Helen Stairs being funded as a pass-through by United Arts.

     Commissioner Morris said in the United Arts proposal he sees they have not increased the Helen Stairs direct funding.  He asked if Ms. Knight was saying Helen Stairs could make application for the organizational projects grants pool and the general operating grants pool.  Ms. Knight said their goal, with the other groups that are funded through operating support, is to provide one-third of their contributed income.  At this stage, that amount would be substantively less than $50,000.  She said she would be happy to shift Helen Stairs from a pass-through to a competing funding when they hit that matrix, but they are not quite large enough and have not grown to that, but that does not mean there is not enormous potential for them.  She said United Arts could allow them, with the BCC approval, to apply also for matching project grants.

     Commissioner Dallari discussed with Ms. Knight what he heard about a performing arts center and asked about including Seminole County to see how they could partner with the group or do some type of center in Seminole County.

     Ms. Knight stated she thinks it would be wise for the Board to take the lead in asking for regional inclusion on that.

     Chairman Henley advised he had asked Ms. Knight last week to provide him with some information to share with the Board regarding what might be appropriate in the way of a cultural arts center or performing arts center in Seminole County.

     Commissioner Carey said she does think the Helen Stairs Theatre is very important and she doesn’t want to see the funding cut.  She does want them to be able to apply for matching grants as well.  She said she was looking more to a 25% increase to the Cultural Arts Council and have them work through the United Arts to increase their income.  She said private participation from that group needs to grow.  She said the Orlando Ballet has talked to the Board about a $25,000 program called STEPS for third graders.  She thinks it is important to start at a very early age to introduce children to the arts. 

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve Option D with the amendment to the Seminole County Arts Council of an increase of 25% to bring them up to $37,500 with all to be administered through United Arts.

     Under discussion, Commissioner Morris said he thinks the Board should motivate the School Board by a matching grant.  He recommended the County match up to $20,000 if the School Board puts in $20,000 to bring the total funding up to $90,000.  He stated the County should not be “blanketly” funding these things with the School Board not enthusiastically behind them.

     Commissioner Van Der Weide stated he likes Option D with some changes, and he thinks what Commissioner Morris mentioned makes sense.  He emphasized that with the amount of money Seminole County has invested in Helen Stairs, it would not be the time now to make any changes and go backwards.  The Board basically doubled the budget going from $100,000 to $205,000 (with the $.50 per capita) and that is only going to grow.  He doesn’t want to see Helen Stairs restricted in any way to the $50,000.  They need to be able to benefit on some growth over that.

     Commissioner Carey clarified that it is part of her motion that Helen Stairs would be allowed to apply for the grants program and would not be limited to the $50,000.

     Whereupon, Commissioner Van Der Weide stated he is not sure that $50,000 is enough and they need to grow with the $.50 per capita.  He said he likes the matching grants because that gives some incentive to match the funds, and they will know who is and is not serious. 

     Upon inquiry by Chairman Henley, Bev Winesburgh, Vice Chairman of Helen Stairs Volunteer Board, addressed the Board to answer the question of what the commitment of the City of Sanford is to the Helen Stairs Theatre.  She advised the City of Sanford is finishing up a long-term contract of $5,000 a year for five years.  She said they have met with the new mayor and new City Commissioner on their board and they are in the process of renegotiating a long-term program. 

     Chairman Henley stated $25,000 over five years is not, to him, a very strong support.  He thinks it is important that the City of Sanford be invited to participate to a greater degree. 

     Chairman Henley asked Ms. Winesburgh to comment on the low-cost movie theatre proposed. 

     Upon inquiry by Commissioner Dallari, Ms. Winesburgh explained they see this as being a children’s movie program for the summer time, and throughout the year, they could partner and show theme movies and low-cost movies.

     Commissioner Dallari stated he thinks if they keep Option D, he would like to see if there is some way the County could enter into a partnership with the Theatre or City of Sanford to help fund this additional program.  He said he would be looking at a totally different agreement and see if the City could do 50% matching with the County.

     Commissioner Dallari stated with keeping the Seminole Cultural Arts Council at $30,000 they are not allowing them to grow.  He said the Council did have some interest in additional funding for staff members and/or promotion.  That is part of one of the problems they have now.  Their funding is very limited, so they are not able to promote the Council and not able to have staffing.

     Upon inquiry by Commissioner Carey, Ms. Knight advised that the movie project proposed by Helen Stairs Theatre would qualify for the matching grant program.  Whereupon, Commissioner Carey said the Board could direct $25,000 of the money to United Arts be programmed for the matching funds grant.

     Chairman Henley clarified with Commissioner Carey that the intent of her motion is to authorize amendment of the contract removing the restriction for Helen Stairs and transferring all of the $100,000 to United Arts (Option D) with removal of the restriction allowing more opportunities for Helen Stairs for revenues.

     Commissioner Carey further clarified she is o.k. with the ways United Arts has identified to spend the $100,000, but her main concern is that the bulk of this be available for programs in Seminole County with matching grants.  With Option D, her recommendation is 25% increase to the Seminole County Cultural Arts Council.  Based on the discussion just held, she also wants to include the $25,000 to the Ritz Theatre program be made available as an earmark for a matching grant through United Arts.

     Whereupon, Ms. Knight advised the cap on these grants is $20,000, and she would hate to override a policy on those grants.  Also, it is a competitive program, and she would hesitate to have something earmarked for a competitive program, as it sounds like pass-through to her.

     Thereupon, Commissioner Dallari asked to address that issue of the movie theatre separately after the vote on the current motion.

     Commissioner Carey reviewed her motion is to amend the contract to allow Helen Stairs to apply for matching grants under Option D with the increase of 25% to the Seminole County Cultural Arts Council. 

     After discussion, Commissioner Morris concurred with this motion.  However, he said the motion did not deal with the issue of Seminole County schools and $20,000 for that.  Discussion ensued.

     Upon inquiry by Commissioner Morris, Dede Schaffner, School Board Member, addressed the Board to advise the schools have struggled to use the $50,000 allotted to them by the School Board.  She explained there is such a heavy focus on FCAT that the schools find it difficult to take time to go out to a lot of the programs. 

     Commissioner Morris stated if the School Board has a hard time spending the funds, why not go to the private sector schools and offer the $20,000 to them on a matching grant basis under United Arts. 

     Ms. Knight stated there is more demand from the schools than they can handle.  She said the mechanism they use to make the programs available is the limiting factor and not the demand.  She stated they already include private schools and charter schools through all of their programs.  She said these are not grants but negotiated agreements where the applicants are picking up some costs and United Arts pick up some costs.  She urged the Board to not restrict the funding and allow them to work with the school system because she said she knows the money could be used.

     Commissioner Morris suggested opening this up to public and private matching grants. 

     Ms. Knight said they will come back with a full report next year on how the money was used.

     Commissioner Carey stated she was willing to allow that clarification from Commissioner Morris on how the program will be administered.

     Mr. Fisher reviewed the motion is to approve Option D with caveats to amend the existing contract to allow matching grants, increase Seminole County Cultural Arts by 25% which takes the funding to $37,500, reduce the allotment to United Arts by that 25% to $92,500, and then set up a program through United Arts that opens up the matching grants to schools to private schools also.  Option D includes the Orlando Ballet.

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

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to allocate up to $25,000 for matching grants to Helen Stairs through the Community Grant program for the movie program proposal.

     Under discussion, Commissioner Morris clarified that under no circumstances is this to mean a diversion of funds by Helen Stairs.  This is only for the capital item to implement the movie program. 

     Commissioner Carey noted that Helen Stairs will be raising the other $25,000 needed.

     The Board discussed what fund the $25,000 would come from.  Mr. Fisher stated the structure is basically set up for the Community Grant program and the money is set at one time.  He asked the Board to give him the opportunity to go through the budget to find the appropriate location.  He is thinking that will be the General Fund Reserves.

     Commissioner Dallari agreed that this will be new funding.

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

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     Chairman Henley recessed the meeting at 12:12 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize filing the proofs of publication for this meeting's scheduled public hearings.

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

PUBLIC HEARINGS

REZONE/Vanson Enterprises, Inc.

     Continuation of a public hearing to consider request to Rezone approximately 0.78 acres located on the east side of Seminola Blvd. approximately 100 ft. north of Button Road, from R-1A (Single-Family Dwelling District) to PUD (Planned Unit Development), as described in the proof of publication, Vanson Enterprises, Inc.

     District Commissioner Morris stated he thought that this issue would have been resolved in two weeks, but he received a letter yesterday from the City of Casselberry indicating that issues have not been worked out.  He stated he would like to see if staff, the developer, and the City can meet to work out these issues.

     Motion by Commissioner Morris, seconded by Commissioner Dallari to continue to February 14, 2006 at 1:30 p.m., or as soon thereafter as possible, request to Rezone approximately 0.78 acres located on the east side of Seminola Blvd. approximately 100 ft. north of Button Road, from R-1A (Single-Family Dwelling District) to PUD (Planned Unit Development), as described in the proof of publication, Vanson Enterprises, Inc.

     Under discussion, George See (phonetic), owner of Vanson Construction, addressed the Board to state he represents his client, Robert Iraci.  He stated he feels this is a very good development and it will increase the property values around the area.  He said he met with the City of Casselberry and they voiced their concerns.  They have redesigned the plat to accommodate the City’s concerns.  He added he would request the Board to move forward as his client feels that this project is a good idea for the community.  Some of the issues that were brought forth by the City were issues such as a 10 ft. wide landscape strip extending the entire front side of the project, and all of those have been taken into account.

     Upon inquiry by Chairman Henley, Mr. See advised he is opposed to the continuance.

     Dick Wells, Community Development Director, City of Casselberry, addressed the Board to express his appreciation for continuing this item so all the issues can be worked out.

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

     District Commissioner Morris stated he tries rarely continues these types of items, but he feels the public has been misinformed and they need to get the facts straightened out.  He stated he is convinced that they will not have an agreement with all the parties.  The Board needs to keep in mind that if the dynamic changes are so great that it changes the public input, then he would make a recommendation to reopen the public input.  He added he doesn’t believe that will be the case.

     Chairman Henley stated he received phone calls, notes and e-mails from those opposing the request.

     A memorandum from Tony Walter submitting revised Preliminary Plans was received and filed.

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

AIRPORT BLVD. EXTENSION

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt an alignment and typical section for the design of the Airport Blvd. Extension from SR 46 to CR 15, received and filed.

     David Nichols, Engineering, addressed the Board to state he is the project manager for the Airport Blvd. extension project.  He stated the County’s consultant is here to present the project.  He stated there are a total of five alternatives and they begin at CR 46 and terminate somewhere along CR 15. 

     Renato Gonzalez, Reynolds, Smith and Hills, Inc., addressed the Board to display a PowerPoint Presentation (received and filed).  He began his presentation by reviewing the Project Location; Project Phases; Project Coordination; Important Factors of the Project; Future Development that they see coming; Future Roadway Improvements; Daily Traffic; Intersection Level of Service; The Amount of Traffic Accidents that have occurred on CR 15/SR 46; Future Travel Forecast; and Alternative Alignments.  He stated staff feels the best alternative is number five.  He concluded his presentation by reviewing the Necessary Typical Section; Preferred Alignment; the Five Alternatives Evaluation Matrix; and Project Schedule.

     Upon inquiry by Commissioner Carey, Mr. Gonzalez advised the improvements for the interchange of I-4 and 17-92 is on the Florida Department of Transportation’s (FDOT) funding plan and he explained when they are planning to start construction.

     Discussion ensued between the Board and Mr. Gonzalez relative to the impact of right-of-way taking for sidewalks and the C-15 project. 

     Jerry McCollum, County Engineer, addressed the Board to advise construction for C-15 may begin around the summer of 2007 and it will be completed well before this project starts.

     Sid Vihlen, Jr., 204 Park Ave., addressed the Board to state he is neither speaking for or against the project.  He stated he is a property owner within the proposed alignment and he would find it necessary and urgent that he brings these facts to the attention of the Board.  He submitted an advertising exhibit, site plans, and letters from Colonial Bank, Briskey and Associates Engineers, Inc., and Bowyer-Singleton & Associates (all were received and filed).

     Commissioner Morris stated several years ago he and Mr. Vihlen went over several maps and other issues relating to the Rand Yard area and he would like to know if this is something he needs to disclose a conflict of interest.

     Mr. Vihlen stated it is not as this is new information and Commissioner Morris had not been involved in any of this.  He stated he has been a property owner in the Rand Yard area for a long time and he has promoted infrastructure supplied by the County and the City of Sanford.  He said if the County should consider the alignment north along the railroad, he would like to bring to the Board’s attention that he has invested land in this corridor and he is ready to convert the land to cash flow relating to his retirement so the timing is very critical.  He stated the plat displayed shows an 18-lot industrial subdivision called Rand Yard Commerce Center that is currently with all permits, including an approved plat, and he is ready to go under site construction for this industrial subdivision.  He added the consultants met with him regarding the right-of-way corridor study and he showed them this plat.  He stated this is a great alignment along the railroad, but he wants the Board to make sure that they can afford the right-of-way.  He said he is planning to go under construction for the infrastructure within the next three to six months.  The advertising exhibit was sent to the industrial realtor community including the potential business individuals who are interested in relocating.  He stated he is close to going under contract on several of these lots by individuals who need to build buildings.  The primary lots are those that back up to the railroad and about a 16,000 sq. ft. building can be built on each one of those lots and all the amenities related to a business.  He is proceeding with this industrial park.

     Upon inquiry by Chairman Henley, Mr. Gonzalez advised staff met with Mr. Vihlen during the month of February 2005.

     Upon inquiry by Commissioner Morris, Mr. Vihlen advised he feels that the right-of-way needed for the proposed alignment will take away the full value of his plan for the commerce center.  He said that particular right-of-way would pretty well wipe out the economic feasibility of the industrial park.  He stated he has met with the District Commissioner, Mr. McCollum and many staff members and he will be willing to discuss the possibility of a taking, but the critical point is his time has been inconvenienced for many years, and he is hoping things will happen fast.  He said he cannot wait 6 to 12 years for what constitutes about 60% of his retirement fund, which is tied up in this project.  He stated he owns the property at the western terminus point of this proposed route.  He happens to have an approved 42,000 sq. ft. office warehouse park.  Two years ago he stopped the engineering because there was a suggestion that this property might be valuable in the northern portion of the drainage of the new design of CR-15 five-laning.

     Mr. McMillan left the meeting at this time.

     Mr. Vihlen stated he has been working with the County Engineer and the consulting engineers as a joint effort to incorporate the northern drainage of CR 15 improvements through this property and into a retention system.  This is a substantial savings to the County.  He stated he is ready to obtain a modified permit through the St. Johns River Water Management District (SJRWMD) to incorporate their internal drainage system with the northern drainage of CR 15.  Seminole County may want to expand the right-of-way for turn lanes.  He said all of the drainage and right-of-way requirements for CR 15 have been ironed out and he is ready to move forward.  He added he would be willing to discuss in a positive manner the possibility of the County purchasing the property.  He stated he cannot wait three or five years, as he will be closing with the bank within 30 days.

     Commissioner Carey stated she met with Mr. Vihlen and in looking at this, she feels that if Alternative 5 is the best alignment, it will add some value to Mr. Vihlen’s property.  She stated she feels that any time the County can make arrangements for early acquisition it will be wise to do that.  Whatever the alignment, the County should discuss it with all the property owners before anything is built. 

     Mr. McMillan reentered the meeting at this time.

     Chairman Henley stated he has no problem with the recommended alignment, but he would have no problem choosing another alignment if it will save them money.

     Commissioner Carey stated relative to future development, Cox Lumber is already there and the longer they wait, it will go through some development that will be there in the future. 

     Upon inquiry by Commissioner Morris relative to doing a taking, Mr. McMillan advised there are business damage issues that have to be in existence for three years in order to claim business damages.  He stated Mr. Vihlen has clearly demonstrated that he has an approved site plan and that will affect the value of any taking and any severance damages.  He stated it is routine in the process that the County consider early acquisition if property owners are willing to talk to them about early acquisition.  The County has acquired all the pond sites on C-15 and that was completed early last year. 

     Upon inquiry by Commissioner Morris, Mr. McCollum advised staff has been working with Mr. Vihlen for about 1½ years on the C-15 parcel and they basically have something worked out with that agreement.  He said he spoke to Mr. Vihlen about 30 days ago about doing a total take but he cannot pursue anything until the Board makes a decision on what alignment they choose.  He stated if they do the extension of Airport Blvd. along with C-15, he feels that the value can be done quickly.  If they don’t get caught up on the value issue, they can have it resolved within 90 days.  Staff can work with Mr. Vihlen at early acquisition on the Rand Yard.  The only issue they need to resolve is to look at how they can obtain funds to do early acquisition.

     Upon inquiry by Commissioner Morris, Mr. McCollum advised staff can have discussions with Mr. Vihlen before he begins his business plan but he will have to identify the funding source.  It would obviously be to everyone’s advantage if they can do the acquisition as soon as possible.

     Mr. McMillan advised the County can only take what they need for that project.  There is nothing any more that constitutes a total take under the prior law if the property owner is willing to sell the entire property, which is something that can be negotiated.  But if the County only needed 90% of the parcel, they will have to leave the other 10% to the property owner and pay them damages on it.  Staff will be happy to talk with Mr. Vihlen about buying the entire property or whatever portion of it that will make the deal work. 

     Chairman Henley stated he would like to reconsider the typical section to see if they can work out a workable solution that wouldn’t require a total take.

     Mr. McCollum discussed with Commissioner Carey the requirement of possibly reducing the sidewalk on one side. 

     Mr. McMillan stated staff looks at how the design affects each property and what can be done on the design to limit damages on the property.  The key to this parcel is not going to be whether it is 110 or 120 ft., but on the severance damages on the remainder parcel.  Therefore, making the sidewalk a little narrow will not have a significant increase on the amount of damages on the property.  The County will have to negotiate one of these parcels for the C-15 project as part of it is already part of the C-15 design.  It would be in the best interest for everyone to acquire everything they need at one time. 

     Mr. McCollum stated since this area and several regions along the corridor are low, they need fill and that means they will need a little more right-of-way.  This is a proposed typical section and it is not going to be the same, and they will do their best to reduce that as much as possible. 

     Upon inquiry by Commissioner Carey, Mr. McCollum advised he would choose Alternative #2 if he had to pick another alternative. 

     Chris Kelley, 806 Traver Circle, representing the Kelly family, addressed the Board to speak in favor of Alternative #5.

     Mr. Kelley informed Commissioner Morris that he has no information today that will prevent him from voting on this project.  He stated his property would have the least amount of impact, but if the County chooses the Iowa alignment, his property would probably be the most affected.  He said he would like to discuss the acquisition starting as soon as possible.  If there is an agreement between the City of Sanford and other land owners it would not affect him directly for the improvement to North White Cedar Road and Church Street.  The consultant has a potential plan for the intersection indicated on the upper right-hand corner.  He said he believes the consultants would like to see some connection with North White Cedar and Church Street, and he believes that would make sense from a traffic standpoint.  He stated he believes the County may have an opportunity to get involved in helping to shape that area through the retention ponds.

     Upon inquiry by Commissioner Morris, Mr. Kelley advised the curve needs to be softened and the radius needs to be increased.  It may be helpful to look where the retention ponds are in relationship to the intersection.  If there is a complete taking of Mr. Vihlen’s property and Mr. Pendleton’s property, some relationships can be formed between the City and the County to try to change that curve radius. 

Upon inquiry by Commissioner Morris, Mr. Kelley advised he has met with Mr. Gonzalez as he has some property that is on North White Cedar.  He stated if this intersection doesn’t occur, there is most likely going to be an interface that may cause truck traffic and it could be affected in some other way.  He cautioned that the transfer station and Cox Lumber will generate a tremendous amount of traffic if that intersection doesn’t occur.  The transfer station is prohibited from going south on North White Cedar, which means the traffic would have to go out Church Street and then dump on C-15.  He said he is in favor of getting those trucks onto Airport Blvd. 

     No one else spoke in support or in opposition.

     District Commissioner Carey advised North White Cedar and Church Street area were given to the City of Sanford’s jurisdiction, and she is amazed that the transfer station and Cox Lumber were allowed to build their developments without improving those roads.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to move forward with the Airport Blvd. Extension project ranking Alternative #5 as the preferred alignment, with Alternative #2 as the next preferred alignment as recommended by the County Engineer.

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

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     Chairman Henley recessed the meeting at 2:40 p.m., reconvening it at 2:47 p.m.

VACATE AND ABANDON/Joseph & Paula Biviano

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon a portion of a platted drainage easement located at 288 Churchill Drive, Longwood, Florida, Joseph and Paula Biviano, received and filed.

     Cynthia Sweet, Development Review, addressed the Board to present the request.  She stated the applicant is requesting the vacate in order to clear a cloud of title due to an encroachment of an existing pool deck and pool enclosure.  She said staff has determined that the request would not diminish the effectiveness of the subdivision’s drainage system.  The owners have provided a letter from the Wekiva Green Homeowner’s Association indicating that they have no objection to the request.  Staff recommends approval of the request.

     No one spoke in support or in opposition.

     District Commissioner Van Der Weide stated he has not received any letters, e-mail or other correspondences on this issue.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt Resolution #2006-R-18, as shown on page _________, vacating and abandoning a portion of a platted drainage easement located at 288 Churchill Drive, Longwood, Florida, as described in the proof of publication, Joseph and Paula Biviano.

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

AMENDMENT TO CHASE GROVES PUD/

Gabbai/Pinecrest Development

     Proof of publication, as shown on page ________, calling for a public hearing to consider request for an Amendment to the Chase Groves PUD Master Plan and Third Amended and Restated Development Order; Small Scale Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development); and Rezone from A-1 (Agriculture) and PUD (Planned Unit Development) to PUD (Planned Unit Development) located on the south side of CR 46A between Lake Blvd. and Casa Verde Blvd., Oren Gabbai/Pinecrest Development, received and filed.

     Brian Nelson, Planning, addressed the Board to state the Board reviewed a rezone request in November 2003 to rezone the parcels to PCD and to remove the northern parcel (.78 acres).  It was determined at that time that removing the .78 acres would not reduce the open space requirement below the minimum 25% as specified in the Chase Groves development order.  The East Central Florida Regional Planning Council (ECFRPC) issued a letter indicating that removal of the northern parcel from the Chase Groves PUD/DRI would not result in a substantial deviation.  The ECFRPC determined that no additional review would be required.  The applicant is further requesting a Small Scale Land Use Amendment from LDR to PD and to change the zoning from A-1 and PUD to PUD.  The Planning & Zoning Commission (P&Z) recommended approval of the request.  He stated staff has received a letter from the Chase Groves Homeowner’s Association opposing the request.  He said staff also has received a letter of support from the Loch Arbor Homeowner’s Association.  Staff is recommending approval of the request with the following changes to the development order:  Item C, “Use of common areas shall be limited to open space and utility facilities serving all residents of the development”, be deleted; Add the following sentence after the first sentence in Item L, “The understory trees shall be 8 to 10 feet tall with a 3 to 4 foot spread and 1½  to 2 inches in diameter at the time of planting”; Delete the following sentence in Item M, “Required understory trees shall be 8 to 10 feet tall with a 3 to 4 foot spread and 1½ to 2 inches in diameter at the time of planting:; Delete the following in Item O “that include at minimum, two picnic tables and two pedestal mounted barbeque grills located within a paved area, and add “Per Section 30.445 (l)(5) at the end of the sentence; and Delete the word “on” in the first sentence in Item R, and add the word “for”.  An E-mail, a letter from ECFRPC, and a copy of the revised development order were received and filed.

     Charlie Madden, Madden Engineering, addressed the Board to give a brief history of the project.  He stated he is basically in agreement with staff’s recommendations, but he has a few clarifications.  He referred to Item J of the development order and stated it is his intention to build a 6 ft. wall along the southern boundary and along all perimeters.  He said he would like to propose that at the final master plan stage the wall would be brick columns with wrought-iron and heavy landscaping.  That will be reviewed with the Loch Arbor residents as he received mixed feelings on that.  He stated he would prefer it to be landscaped so they can get some air through that area.  If a solid 6 ft. wall is placed along every perimeter, the breeze will be stifled.  His intention is to do some sort of 6 ft. wall along there as well and not a stockade fence.  He stated he would recommend a 35 ft. height limitation and the minimum square footage to be 1200 sq. ft.

     Commissioner Morris stated he believes a column with wrought iron fence would be better aesthetically.

     Mr. Madden stated he would like to propose box-style lighting or acorn lighting. 

     Commissioner Morris stated any lighting on the back side of the houses can be controlled in the homeowner’s documents or deed restrictions.

     Mr. Madden stated they can add a condition or put it in the homeowners’ association documents. 

     Commissioner Morris stated he would ask the District Commissioner to look at that.

     Bob White, 300 Lake Blvd., addressed the Board to state on behalf of the Loch Arbor Homeowner’s Association, he would like to reiterate that they support the project as it has been presented.  The residents of Loch Arbor would like to make sure that the wall along Lake Blvd. is included in the development documents as well.  He stated he doesn’t want any access onto Lake Blvd., which is a two-lane residential street.  When CR 46A is widened, Lake Blvd. will be able to turn right only and there will not be a left turn.  He said at some point he would like to discuss the possibility of Loch Arbor being able to get out on CR-46A. 

     Upon inquiry by Commissioner Carey, Mr. White advised they just want to try to have sign at the end of the project before it comes to 171 Lake Blvd.

     Mr. Madden stated they will do a corner clip at the curb and then cut it over at some point.  At the some point, they will angle the wall back and they can work that out the sign placement.

     Mr. White stated he would go along with a wall with wrought iron just so it is definitely placed along the side.  Discussion ensued.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     District Commissioner Carey advised the Board received a letter from Chase Groves Homeowner’s Association expressing their concerns about this development relating to the access point onto Casa Verde.  She stated she spoke with Sharon Sullivan of the Chase Groves Homeowner’s Association indicating that she understands the situation but wanted to make sure that their wall will be protected.  The homeowner’s association recently received a settlement from FDOT relative to fixing their entryway on SR 46 as it was destroyed during the SR 417 project improvements.  She said she would recommend approval of the request subject to the corrections in the development order submitted by staff.  She stated Item J refers to a 6-ft. high wooden stockade fence and she would recommend adding the language that there will be a 6-ft brick column with wrought iron and additional landscaping or a 6 ft. brick wall along Lake Blvd., SR 46A, and the southern boundary of this property.  She said she would also recommend that the following be changed to “garages shall not be converted to living space” in Item S.  She added she would like to include a 35-ft. height with two-story restrictions.  The PUD requirement would require a minimum of 1200 sq. ft. living area.  She stated there are some nice trees on the northwest section and she would like to have them preserved as much as possible.  Along the northern boundary of this property, the County, Chase Groves and FDOT have easements and all of them need to be protected.  She added she would recommend that the developer may want to consider a pedestrian opening along the northwest corner of the site as this would  allow the school-age children to be able to get to Idyllwilde Elementary. 

     Motion by Commissioner Carey, seconded by Commissioner Morris to approve Amendment to the Chase Groves PUD Master Plan and Third Amended Development Order; adopt Ordinance #2006-3, as shown on page _________, approving a Small Scale Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development); and adopt Ordinance #2006-4, as shown on page __________, approving rezone from A-1 (Agriculture) and PUD (Planned Unit Development) to PUD (Planned Unit Development) located on the south side of CR 46A between Lake Blvd. and Casa Verde Blvd., and authorize the Chairman to execute the Development Order, as shown on page ________, as described in the proof of publication, Oren Gabbai/Pinecrest Development, subject to the amendments and additions previously outlined.

     Under discussion and upon inquiry by Acting County Manager Don Fisher, Commissioner Carey advised the language that she referred to in Item J will be replacement language.

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

CONSOLIDATED STREET LIGHTING

DISTRICT ORDINANCE

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt the Consolidated Street Lighting District Ordinance, repealing Ordinance 2004-48, received and filed.

     Kimberly Bishop-Hargis, Fiscal Services, addressed the Board to present the request as outlined in the agenda memorandum.  She stated the ordinance includes the addition of Magnolia Pointe and Sterling Meadows subdivisions as new subdistricts.  She said it also includes expansion of parcel boundaries of existing Trails Unit 1 to include Trails Unit 2A and confirmation of 375 existing subdistricts.  Service to the new subdistricts will become effective October 1, 2006.

     No one spoke in support or in opposition.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt the Consolidated Street Lighting District Ordinance #2006-5, as shown on page _________, repealing Ordinance #2004-48 adopted December 14, 2004, as described in the proof of publication.

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

LAKE MILLS AQUATIC WEED CONTROL MSBU

     Proof of publication, as shown on page ________, calling for a public hearing to consider adopting an Ordinance creating the Lake Mills Aquatic Weed Control MSBU for the purpose of providing aquatic weed control to the lake within the unit, received and filed.

     Kathy Moore, MSBU Program Manager, addressed the Board to present the request as outlined in the agenda memorandum.  She stated the applicant, Dave Axel, indicated that he may not be in attendance, but is in support of the request.

     James Lindsey, 868 Lake Mills Road, addressed the Board to state the only reason he opposes this is because he doesn’t have that much information on the controls that have been provided.  He stated approximately 15 to 16 years ago money was provided for a chemical kill used for the weeds and grass carp was put in for the weeds.  A combination of those over-killed everything.  He said he is opposed to this at the present time and he would like it put on the back burner so he can find out more about it. 

     Commissioner Morris stated it is spelled out that there is no chemical treating indicated on this list.

     Ms. Moore stated staff will be working with a lake management company and go with the recommendations for whatever is required on an ongoing basis.  The anticipation is the prior chemical treatment that took place brought the lake into a condition that was more suitable from an aquatic weed standpoint.  Carp would be the next step. 

     Upon inquiry by Commissioner Dallari, Ms. Moore advised the MSBU Department will be working very closely with the Stormwater Division and working with private lake analysis companies to determine who the ongoing contractor will be. 

     Chairman Henley asked if staff will be discussing the plan program with the homeowners.

     Ms. Moore advised staff can have that information available.

     Commissioner Morris stated he would like a requirement that all affected homeowners be notified prior to the application of chemicals for the ongoing aquatic weed control maintenance program.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2006-6, as shown on page _________, creating the Lake Mills Aquatic Weed Control MSBU for the purpose of providing aquatic weed control to the lake within the unit, as described in the proof of publication, subject to no chemicals being used unless adjacent property owners are notified.

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

UNIFORM METHOD OF COLLECTING

NON-AD VALOREM ASSESSMENTS

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt a Resolution adopting the Uniform Method of Collection for Non-Ad Valorem Assessments, received and filed.

     Sarah Fields, Fiscal Services, addressed the Board to state this method of collection requires the adoption of a resolution stating same at a public hearing prior to March 1, 2006, for the assessments to appear on the November 2006 tax bills.  Agreements were executed in November 1989 and revised in 1998 with the Property Appraiser and Tax Collector to provide reimbursement of the necessary administrative costs incurred.  These agreements automatically renew each fiscal year.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Morris to adopt Resolution #2006-R-19, as shown on page _________, adopting the Uniform Method of Collection for Non-Ad Valorem Assessments, as described in the proof of publication.

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

APPEAL OF BOA/Todd & Jennifer Christy

     Proof of publication, as shown on page ________, calling for a public hearing to consider request for an Appeal of the Board of Adjustment’s decision to approve a width at building line variance from 90 ft. to 80 ft., and a lot size variance from 11,700 sq. ft. to 11,200 sq. ft. for a proposed home in the R-1AA (Single-Family Dwelling District); located on the south side of Arden Street, at the intersection of Arden St. and Palm Springs Drive, Todd & Jennifer Christy, received and filed.

     Michael Rumer, Planning, addressed the Board to present the request.  He stated the BOA granted the variance on November 7, 2005.  Staff recommends reversing the BOA’s decision based on their findings outlined in the agenda memorandum.

     Todd Christy, appellant, addressed the Board to state he lives next door to this property and Ms. Shepherd is trying to squeeze a house between his house and this property.  He said he is concerned with drainage issues as he has had drainage problems in the past.  He stated the property behind his house sits lower than his property.  Ms. Shepherd does not live on this property and will not be moving there.  He said he is opposed to the request and the residents living on his street also oppose the request.  He added he doesn’t feel it should be approved and he doesn’t agree with it.

     Upon inquiry by Commissioner Morris, Mr. Christy advised he doesn’t believe Ms. Shepherd’s mother is going to live in that house.  He stated he understands that they are going to rent it out.  The house that is currently there had a code violation and had to be cleaned up.  The previous property owners cleaned up the property but it was done by an order of a judge by the previous owner.

     Connie Shepherd, applicant, addressed the Board to state she has made some improvements to the house.  She stated she has put things on hold until they find out the outcome of this hearing.  She said she would like to beautify the home so that she and her mom can move in.  She displayed a survey map (not received and filed) and discussed the flood zone.  She also displayed and reviewed photographs showing her neighbor’s existing property and how her property sits lower.  She displayed another picture showing the slope coming down on her property.  She stated the new home would be for her and her mother, and it would be 1,300 to 1,400 sq. ft.  The architect and engineer indicated that this will beautify the area.  Several of the neighbors indicated that they would be pleased to see the construction of a new home.  She submitted a Petition, as shown on page ________, from area residents indicating they have no objections to the request.

     Upon inquiry by Commissioner Morris, Ms. Shepherd advised her intention is to take possession of this home and all of the setbacks are met.  She said she doesn’t want to move in and cause any more friction with the neighborhood.  She stated she is willing to build the house 10 ft. towards the existing house and leave a 20.8 ft. free space between the existing lot and her neighbor.  That would make a 30 ft. space between the two homes. 

     Upon inquiry by Commissioner Carey, Mr. McMillan advised a building permit cannot be pulled on a substandard lot.  You would have to make application for the necessary variances and meet the standards in the code to get the variance.

     Chairman Henley stated there was a situation like this two years ago where a couple bought a lot and they were not apprised of that situation.  The one thing the Board needs to be aware of is this was not the original request, but the BOA crafted it by creating two nonconforming lots.  Discussion ensued.

     Commissioner Carey asked if there is anything that would prevent Ms. Shepherd from building a guest house on this property.

     Upon inquiry by Chairman Henley, Mr. Fisher advised there are State zoning categories in larger lots where the granny provisions are customary.  He stated an attached unit or breezeway with no kitchen facilities can be added in a neighborhood like this.

No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Henley stated he would have to accept staff’s recommendations by reversing the BOA’s action as they have had problems like this on numerous occasions. 

     Chairman Henley surrendered the gavel to Vice Chairman Dallari for the purpose of offering a motion.

     Motion by Commissioner Henley, seconded by Commissioner Morris to grant the appeal, thereby, overturning the BOA’s decision in approving a width at building line variance from 90 ft. to 80 ft., and a lot size variance from 11,700 sq. ft. to 11,200 sq. ft. for a proposed home in the R-1AA (Single-Family Dwelling District); located on the south side of Arden Street, at the intersection of Arden St. and Palm Springs Drive, as described in the proof of publication, Todd & Jennifer Christy.

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

     Commissioner Carey voted NAY.

     The gavel was returned to Commissioner Henley who assumed the position as Chairman.

LEGISLATIVE UPDATE

     Susan Dietrich, County Attorney’s Office, addressed the Board to advise the Governor’s proposed budget will be available February 1st.  There will be a training session scheduled at 4:15 p.m. on the new lobbying legislation and that will be televised on the Sunshine network.  She stated the last one is HB 39 and the sponsor is Representative Farkus and it is currently scheduled for the Judiciary Committee.  This is the “Save our Homes” limitation which will amend Article 7, Section 4, of the State Constitution by extending the “Save our Homes” limitation on any increases and assessed values of homestead properties to include all residential and commercial property.  She added that staff will be following this closely.

     Commissioner Carey stated she would like to know if staff has an update on the annual dinner being held in conjunction with the School Board and the cities in Tallahassee. 

     Ms. Dietrich stated she believes they are still considering it, but it may be held in conjunction with Leon County’s Legislative Day, which is March 29.

     Mr. McMillan stated he has not heard from Mr. Brantley since the last meeting as he is dealing with how that will work.

     Commissioner Carey stated she would like the Board to make a decision within the next couple of weeks as to whether or not they are going to do it.

     Commissioner Morris stated he would vote to cancel it.

     Commissioner Carey stated unless they repeal the legislation, she is in agreement with Commissioner Morris to cancel the dinner.

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Mr. McMillan stated the Board may be interested in knowing that the home town democracy amendment received enough signatures to go to the Supreme Court.  FAC sent him an email advising that the Attorney General indicated that they have enough signatures to take for validation. 

CHAIRMAN’S REPORT

     Chairman Henley recommended appointing Bonnie Ward to the Historical Commission for a two-year term ending 01/01/08.

     Motion by Commissioner Morris, seconded by Commissioner Carey to reappoint Bonnie Ward to the Historical Commission for a two-year term ending 01/01/08.

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

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     Chairman Henley stated at the last meeting he informed the Board that the term for the MetroPlan Citizen’s Advisory Committee member was becoming vacant. 

     Commissioner Carey stated she has a couple of new applications and she would be happy to look at those to see if they would be appropriate for this committee.

     Chairman Henley stated the Board can make the appointment at the next meeting.

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     Chairman Henley advised he received a phone call during lunch from City Manager John Litton of Lake Mary stating that they just had a meeting with Superintendent of School Vogel and Lake Mary Mayor Tom Green.  He stated they were of the opinion that they need to meet with the Board to discuss all the changes to the original plan of the I-4 corridor.  He recommended a joint meeting with the City Commission and the School Board to discuss Colonial and other areas of interest.

     Commissioner Dallari stated he feels a work session should be scheduled with the two governing bodies and the appropriate property owners.

     Commissioner Morris stated those properties are in unincorporated Seminole County as well as in Lake Mary, but there are also some in Sanford.  He stated you will have a pretty big group if you involve everyone.  He said he doesn’t know if the Lake Mary City Commission is getting all the information that this Board is getting.  He recommended starting with a joint meeting with the City and then invite representatives of the School Board.

     Commissioner Van Der Weide stated he feels it would be a disaster if they put too many people in this room.  He stated the issue now is between Lake Mary City Commissioners, Seminole County and Colonial Properties. 

     Chairman Henley stated the School Board and Mr. Cosmak had concerns that they are getting caught in the middle of this issue and they do not want to take a position.   They sent a letter indicating that, under no uncertain terms, they oppose any change on commercial/industrial to roof tops.  During a previous joint meeting, a comment was made that the School Board shouldn’t attempt to stop all development.  He stated that has been interpreted that the County doesn’t want the School Board to take a position out there and he doesn’t think they want to take a position.  He said he spoke to the Superintendent of Schools and Mr. Cosmak and they feel they are caught in the middle because there have been concerns expressed over the voluntary impact fee they are attempting to work out.  He informed the Superintendent that the County doesn’t want to be put in a position to where it complicates the problem.  The School Board met with Colonial Properties and the City of Lake Mary trying to work out a position and then they ultimately want to meet with the County.

     Commissioner Carey stated she feels Colonial Properties need to be involved as it isn’t just the properties they own in the Heathrow Industrial DRI.  It is a broader discussion about the properties they own on the north side of 46A.

     Chairman Henley stated if the Board is going to consider the whole corridor, then he feels Colonial Properties should be there.

     Commissioner Dallari stated he would love to look at the whole corridor, but he feels they need to address the one issue right now.

     Chairman Henley stated he has asked the Acting County Manager to get all the data on that corridor so they can get the complete picture.  He stated he feels they need to see what has happened with the original plan for that corridor.

     Commissioner Carey stated there is an annexation application out there and the immediate meeting needs to be with the three parties to discuss that.

     Chairman Henley stated he would like to look at the whole I-4 corridor.

     Commissioner Morris stated the HIP zoning failed miserably as it didn’t do what they wanted it to do.  He said he would like Colonial Properties be a guest at the joint meeting as this is an issue between the City of Lake Mary and the County.  Colonial Properties is a private firm that needs to be there to make a presentation as facts needs to be clarified.  He stated he feels the Board needs to look at the original DRI proposal in combination with the original DRI proposal that was adjacent to it. 

     Commissioner Van Der Weide stated he agrees with everything being said, but at this point he would like to know how each change affect with what’s already been done. 

     Commissioner Morris stated it may not affect change, but you can get truth on the record.  The Board is going to have to make decisions that they will have to live with over the next few years about ongoing relationship.  He stated this is an unfriendly action to the Board and to the taxpayers of Seminole County.

     Commissioner Van Der Weide stated the developer wants to maximize his investment at anyone’s expense.  He stated it is hard for him to believe that the City of Lake Mary doesn’t understand what is going on. 

     Chairman Henley stated he believes the consensus of the Board is to have a joint meeting with the governing entities, with the developer to present their pitch at that meeting. 

     Commissioner Carey stated she feels the School Board should be in attendance as well.

     Upon inquiry by Commissioner Morris, Chairman Henley advised there was some discussion at the last joint meeting that rezone areas was not the ultimate decision of the School Board but by this Board.  The School Board interpreted that this Board didn’t want them to take a position for or against.

     Commissioner Carey stated there is a funding committee of business leaders and the School Board, and she has concerns that the School Board has a committee to discuss funding without the Board being at the table.

     Mr. Fisher stated they have three committees, one is an overall committee looking at funding options for school capital construction.  The other is a steering committee that spins off of a smaller committee to look at more specific funding options for school capital.  He stated homeowner associations and other groups are involved with it and they came up with a mitigation funding amount in which the School Board already adopted.  The third committee was initiated by County staff and that is per compliance with SB 360.  That is why a lot of the information is confusing as to who is sitting on what.

     Chairman Henley stated the City of Lake Mary has scheduled the first reading of the annexation process on February 2 and the adoption hearing is scheduled for February 16. 

     Commissioner Carey stated she doesn’t see why the Board can’s schedule a joint meeting prior to the hearings.

     Commissioner Morris asked if staff could gather all the information in a short time frame.

     Mr. Fisher stated staff will do what it takes to get that information.  He suggested speaking to the Mayor of Lake Mary or the appropriate people to see if they can continue this issue in order to give the County time to meet with them.

     Chairman Henley stated staff can work out a date with them.

     Commissioner Carey stated Lake Mary Commissioner McLean is in attendance and he may be able to relay this information to the city at their meeting on Thursday. 

     Chairman Henley stated the one thing the Board needs to be reminded of is the County has had an excellent partnership with the City of Lake Mary and he thinks they need to try to maintain that relationship.  Hopefully, they can work out something that everybody agrees with.

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     Chairman Henley advised Kitson & Partners called him asking if the Board could give them a nonbinding letter of intent, and he told him that nothing they put forward would be binding because they have not made a decision as to whether or not they want to pursue with purchasing the three golf courses. 

     Mr. Fisher submitted a Due Diligence Report (received and filed) relating to the Winter Springs Golf Club.  He stated nothing was revealed from the last time they discussed the courses.  This report is a cursory review of readily available information that could take that to the next level of a preliminary analysis.

     Commissioner Carey questioned if staff had made a recommendation on a proposal short of the County purchasing the properties.

     Mr. Fisher stated the School Board has been doing evaluations for a potential site for a school at the Sabal Point course.  The School Board is also interested in keeping part of the golf course for the school system to use.  The City of Winter Springs has expressed some interest in taking care of the maintenance of their golf course should it be acquired for a municipal course.  There have been discussions with Dr. Hitt relative to possibly purchasing the Econo course in Oviedo.

     Chairman Henley stated Dr. Hitt’s staff looked at that course and they indicated that some of those holes were too short.  He said they would be interested in trying to work something out with the County. 

     Commissioner Dallari left the meeting at this time.

     Commissioner Carey stated she understands that the Winter Springs golf course has a conservation easement.

     Upon inquiry by Commissioner Van Der Weide, Mr. Fisher advised he checked the mitigation of Sabal Point Golf Club with NTS and there are no issues with that mitigation. 

     Commissioner Van Der Weide advised he met with the Board of Directors of Sabal Point Club and they have some major concerns.  He stated he spoke to them about the option with the School Board and the reaction he received was the people who had children in the school system would look favorably in working out something with the school system.  The people that didn’t have children didn’t like that idea.  The residents want to be involved but they do not want to buy it.  Sweetwater expressed traffic concerns and losing the amenities of what they bought into.  These developers have contacted them and they would like to keep a small golf course there.

     Commissioner Dallari reentered the meeting at this time.

     Commissioner Van Der Weide stated if the developer owns the entire property, they will come back and develop that area, but on the other hand, if the School Board had the money, they could buy it directly. 

     Commissioner Morris stated something has to give with the Sabal Point people as it could revert to a weed patch and green space.  It is clear that the market has moved dramatically relative to golf course pricing. 

     Upon inquiry by Chairman Henley, Mr. Fisher stated the City of Oviedo is not interested in purchasing the golf course but they had some interest in some kind of partnership.

     Mr. McMillan stated the agreement is something Kitson signed and sent to the County and he is not sure that is the letter of intent that they are talking about.  He stated the letter they have attached is a letter of invitation to negotiate, but there are multiple provisions of that agreement that are illegal.  He stated there is nothing in the submittal that the Board can put together and execute without it being completely redrafted.

     Chairman Henley stated he would like an opportunity for someone to explore with the companies that operated them to see what their cost would be to keep the courses in operation or simply shut them down until they can come up with a certain type of agreement.

     Commissioner Van Der Weide stated one thing he needs to point out is the Sabal Point Board of Directors are going to take a survey of their members.  Sabal Point is not inclined to move quickly on something that is major. 

     Commissioner Carey stated she is not sure if a government agency can solve this.

     Chairman Henley stated he feels the Board has a responsibility to protect those neighborhoods.  He stated he doesn’t know if it would or would not be appropriate to establish an MSBU for the residents of Sabal Point.

     Commissioner Van Der Weide stated he will take any information to the residents as he will be scheduling another meeting.

     Commissioner Carey stated they could get the bank to work with them in structuring some type of MSBU for those communities.

     Chairman Henley recommended authorizing Mr. McMillan to draft a letter, for the Chairman to sign, pointing out that it is improper for the County to enter into something like this, but they are still pursuing what the options are. 

     Commissioner Morris stated Mr. McMillan could send an alternative letter showing a 90 day lift period while it is being examined. 

     Mr. McMillan stated the Board needs to let them know how soon they will get back with them with definitive answers or an offer to purchase. 

     Commissioner Morris stated they could send a general first-right of refusal letter. 

     Mr. McMillan stated the Board could get an exclusive option from them within the next 90 days.

     Commissioner Van Der Weide stated there are a lot of people who would like the County to buy it.  He stated he doesn’t see how they can approach this at the speed the bank wants them to.

     Mr. Fisher recommended that the Board’s approach would be that they go into each one of these with how they are going to handle any type of partnerships.

     Mr. McMillan stated the request is to contact them to discuss the letter of intent further should the County want to move forward.

     Chairman Henley stated he would suggest that the Board ask Mr. McMillan to draft a response to give the County 90 days to explore all the options of partnerships and for the interim operation.

     Upon inquiry by Commissioner Morris, Chairman Henley advised the issues of who is going to handle this and how it is going to be staffed are things that they need to devote some thought and time.

     Commissioner Carey stated she is concerned about how they are going about this. 

     Commissioner Dallari stated he would recommend that Mr. McMillan draft a letter for the Chairman to sign.

     Commissioner Carey stated she would like to see the letter before it goes out.

COMMUNICATIONS AND/OR REPORTS

 

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

1.  Copy of email dated 1/6/06 to Chairman from Colleen Schmid re: Apartments being converted to condos in Seminole County.  (cc:  BCC, Acting Co. Manager)

 

2.  Letter dated 1/12/06 to Longwood Property Owner (with attachment) from Pat Miller, Director of Community Services-Longwood, re: Withdrawal of land use change.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

3.  Notice of City of Winter Springs Public Hearing on 2/1/06 to discuss Oviedo Marketplace notice of proposed change to the DRI.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

4.  Copy of letter dated 1/9/06 to Seminole County Fire and Rescue from Edgar Wycoff, Chair-Friends of Oakland Estates, re: Appreciation for bringing holiday spirit to neighborhood.  (cc:  BCC, Acting Co. Manager)

 

5.  Letter dated 12/31/05 to BCC (with attachment) from John Saboor, Executive Director, and Joe Fellini, Seminole Co. Marketing Manager-Sports Commission, re: Activities report of December 2005 and upcoming events.

 

6.  Letter dated 1/2/06 to Chairman from Glenn Compton, Chairman-ManaSota 88, re: Opposition and concerns on phosphogypsum use at Osceola Road Landfill.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Co. Attorney, Environmental Services Director)

 

7.  Notice of Longwood Board of Adjustment Public Hearing on 1/25/06.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

8.  Notice and agenda for 1/18/06 Seminole County Port Authority meeting.

 

9.  Copy of letters dated 1/9/06 from Joe Gasparini, Parks & Recreation Manager, re: Appreciation for recent donations to the following:  Tara Zinno and Riendeau Cousins, and Molly Kenney.

 

10.  Copy of letter dated 1/9/06 to Karen Rouse from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

11.  Notice of St. Johns River Water Management District Public Hearing on Florida Forever Work Plan on 2/7/06.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Public Works Director, Co. Engineer, Stormwater)

 

12.  Letter dated 1/19/06 to Chairman (with attachment) from Juan Omana, Community Development Director-City of Lake Mary, re: Statutory notification of voluntary annexation-HIBC DRI-Colonial Realty Limited Partnership.  (cc:  BCC, Deputy Co. Manager, Co. Attorney)

 

13.  Copy of memorandum dated 1/19/06 to Commissioner Carey (with attachments) from Don Fisher, Acting Co. Manager, re: Transit ADA Payments by cities in Seminole Co.

 

14.  Letter dated 1/17/06 to Chairman (with attachment) from Ann Brown Payne, President and CEO-The Alliance, re: Transmittal of 4th Quarter Progress Report.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager)

 

15.  Letter dated 1/16/06 to Chairman from Pamela Patenaude, Assistant Secretary-U.S. Department of Housing and Urban Development, re: FY 2006 allocations.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Community Services Director, Community Development Block Grant Manager)

 

16.  Letter dated 1/12/06 to BCC from Jack Graham, SWOP Board member, re: Appreciation for opportunity to address the BCC.  (Acting Co. Manager, Deputy Co. Manager)

 

17.  Copy of letters dated 1/12/06 from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donations to the following:  Jennae Burdick, Doris Hadden, Maria Sauro, W. C. Barrett, and John Thornton.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Morris stated the Board may be aware that one of the County’s crews decided to go in the Tuskawilla area to reduce the sidewalks that have been there for some time.  They went through the neighborhood and marked every tree to be chopped down.  He stated Mr. Fisher and Mr. Johnson have put a hold on this.  He said he would like to reaffirm that if the County is going to have a road plan, a sidewalk plan or any public project that causes destruction of trees, with the exception of a dead tree that has to be removed, that the District Commissioner be informed verbally and the rest of the Board be informed electronically or in written form. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to reaffirm that the County’s tree policy is that no project can go forward (where trees are removed) without any District Commissioner knowing in advance and not after-the-fact, and the rest of the Board being advised, unless it is dealing with a dead tree or safety issue. 

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

     Gary Johnson, Public Works Director, addressed the Board to state staff received word on Friday and the intent was to do some extensive sidewalk repairs and about ten trees were involved.  He stated he has pulled back and staff will visit with the homeowner’s association.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Lisa Tague to the Animal Control Board for a two-year term ending 01/01/08; adopt appropriate Resolution #2006-R-20, as shown on page _________, commending Dr. Stephen Wiseman for his services to the Animal Control Board. 

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

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     Commissioner Van Der Weide stated he would like staff to report at the next meeting or the one after that as to who authorized the phosphogypsum test at the landfill. 

     Mr. Fisher stated he spoke with David Gregory, Solid Waste Manager, and he regrets not informing the Board of the test.  He stated Mr. Gregory indicated that the radiation level is so low and he felt it was not high enough interest to report it.

     Upon inquiry by Commissioner Carey, Mr. Fisher advised the amount of radiation given off is equivalent to a smoke detector.

     Commissioner Van Der Weide stated he is concerned that the Board was unaware of this as it could have been a big issue.

     Upon inquiry by Commissioner Morris, Mr. Fisher advised the thought is the public will benefit from this experiment.  It is believed that it could extend the life of the landfill because it accelerates the decomposition.

     Commissioner Van Der Weide stated the only problem he has with that is they have a landfill that is capable of going up forever.

     Upon inquiry by Chairman Henley, Mr. Fisher advised the University of Central Florida initiated this.

     Commissioner Carey stated she feels it would be helpful if Mr. Gregory would have a community meeting with the citizens in that area.

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     Commissioner Carey stated the Martin Luther King, Jr. Day Activities was a great event and Ms. Sherman, Deputy County Manager, was in attendance to represent the County staff.

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     Commissioner Carey stated she would like to recognize the Economic Development and the Cartographics staff for putting together some maps and statistics focusing on the County.  She stated that was part of the Orlando Business Journal’s 2006 Regional Update. 

     Commissioner Morris stated he was also in attendance and he would like to compliment Commissioner Carey for doing an excellent job in representing the Board.

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     Commissioner Carey informed the Board of the Chamber Choice Awards scheduled for January 27, 2006 at the Lake Mary Marriott.

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     Commissioner Carey stated the annual Geneva Pancake Breakfast and Tour is scheduled for Saturday, February 4, 2006 and she would encourage everyone to attend.

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     Commissioner Carey advised that the Seminole Cultural Arts Council First Annual Arts Gala is scheduled for Saturday, February 4, 2006, at 7:00 p.m. in Alaqua.  She stated this is an opportunity for the community to attend and she hopes that the rest of the Board will attend.

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     Commissioner Dallari advised that the annual Seminole County Prayer Breakfast is scheduled for February 17, 2006 at the Lake Mary Marriott. 

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     Commissioner Dallari stated he had the pleasure of attending the Scottish Highland Games and he received a plaque of appreciation from them. 

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Upon inquiry by Commissioner Dallari, Mr. Fisher advised staff hopes to come back in two to three weeks relative to the Willow Grove wall on Tuskawilla and Dyke Roads.

     Mr. Johnson stated the consultant is attempting to do an analysis that would be more objective and not subjective.

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     Upon inquiry by Commissioner Dallari, Chairman Henley advised he hopes that the Board will receive a report on the performing arts from United Arts.

COMMITTEE REPORTS

     No Report.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:15 p.m., this same date.

 

 

ATTEST_______________________Clerk_____________________Chairman

cc/er