BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 25, 2005

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January 25, 2005, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     The Invocation was given by Pastor John Thomas, Holy Cross Lutheran Church, Lake Mary. 

     Commissioner Van Der Weide led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Harold Barley, Executive Director of MetroPlan, addressed the Board to express his appreciation to the Board for their financial support.  He gave a PowerPoint presentation (copy received & filed) on Community Connections:  A Transportation Vision for the Next 25 years.  He reviewed the following:  Highlights; Regional Transportation Plan; It’s More than Transportation; What’s Causing Traffic Congestion?; Population; Road Building Alone is Not the Solution; Highway Projects in the Plan; Transit Element; Plan Includes; Other


Transit Elements; Bikeway Projects; Pedestrian Facilities; and Innovative Creative Solutions. 

     Commissioner Morris left the meeting at this time. 

     Mr. Barley continued with his presentation reviewing the following solutions:  Develop New Funding Sources; System Management and Operation; More Emphasis on Transit; and “Smart Growth” Practices. 

     Commissioner Morris re-entered the meeting at this time. 

     Mr. Barley discussed with the Board the proposal of a Local Option Rental Car Surcharge; the new Federal Transportation Bill; FDOT Investment Policy; Implementation of “Smart Growth” Practices; and Completion of Rail Studies.  He stated he would like to come back to the Board at least once a month to continue to give an overview of what is happening.  Copy of information booklet was received and filed. 

     Upon inquiry by Commissioner Van Der Weide, Mr. Barley gave a brief update on the negotiations with CSX. 

     Commissioner Van Der Weide stated that whatever is done with commuter rail needs to be done right and should be something they are proud of. 

     Commissioner Dallari stated the BCC needs more information from MetroPlan and he believes it is important to receive monthly updates, as suggested by Mr. Barley.  He said the rental car surcharge is a great idea, but questioned what the tourism industry’s response is.  Whereupon, Mr. Barley advised in the past, they have been less than enthused; however, this time it seems they are not as strong in opposition as they have been. 

     A brief discussion ensued with regard to the proposed rental car surcharge. 

     Commissioner Carey questioned what is being done to get the Federal government to replace the ISTEA bill that expired.  Whereupon, Mr. Barley advised they wanted to wait until after the election and the new Congress was seated, and he expects discussions to pick up in the coming months. 

     Commissioner Carey urged her fellow Commissioners to learn more about rapid bus transit, stating there is a South Seminole/North Orange County project ongoing and the service is on demand.  She added that as members of MetroPlan, she and Commissioner Morris will brief the Board on these issues on a monthly basis. 

     Chairman Henley thanked Mr. Barley for his presentation. 

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     A memorial presentation for former Commissioner Sandra Glenn was shown at this time. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-11, as shown on page _______, expressing heartfelt sympathy on the death of former Commissioner Sandra Glenn. 

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

     Commissioner Henley stated it was appropriate for the Board to pass this Resolution because Ms. Glenn devoted a lifetime to the people of Seminole County and the region.  He added that she will be missed. 

     Commissioner Carey advised a memorial service is scheduled at 11:00 a.m. on January 29, 2005 at the Aloma Baptist Church located on SR 436.  She also advised that donations can be made to the Sandra Glenn Memorial Scholarship Fund at SCC. 

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     Mayor Bush, City of Winter Springs, addressed the Board to express his appreciation to Chairman Henley and the Board for their patience in the resolution of the paint color for the trail bridge.  He advised that last night the City Commission adopted a resolution to delay construction of the Cross Seminole Trail Connector until such time all efforts have been exhausted to develop a funding strategy to finance the preferred 3B of Segment 3 alignment.  He also advised that the City Commission adopted a second resolution (copy received & filed) endorsing the location of a branch library in the Winter Springs Town Center; the funding of same and other recommended library expansion projects in a Referendum for funding in the Fall of 2005. 

     Chairman Henley stated he is in support of giving more time to the City so that they can have an opportunity to fund the segment of the trail. 

     Mayor Bush stated they are working with the School Board to apply for a grant. 

     County Engineer, Jerry McCollum, addressed the Board to state staff is sensitive to the issue the City has brought up concerning the trail and they have no problem with the delay. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Kevin Grace, advised Item #2, Resolution for the Industrial Revenue Bonds for Progressive Healthcare Providers/Fern Park, LLC, has been pulled from the agenda. 

     Commissioner Carey requested that Item #21, Animal Services Fee Resolution be pulled for a separate vote. 

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

County Manager

 1A. Confirmed appointment of Dan T. Matthys as Planning & Development Director, effective February 14, 2005. 

 

Economic Development

 2.  Pulled from the agenda request to adopt Resolution approving the issuance of Industrial Revenue Bonds by the Seminole County Industrial Development Authority to finance the acquisition by Progressive Healthcare Providers/Fern Park, LLC of a 64-bed intermediate care facility located in Seminole County, Florida.

 

Environmental Services

 3.  Approve and accept the Corrected Utility Easement/Lift Station Agreement, as shown on page _______, with Seminole County and the Seminole County School Board.  The original easement was approved by the Board of County Commissioners on May 27, 2003 for a well and pipeline site at the Wilson Elementary School on Orange Boulevard. 

 

Fiscal Services

Administration

 4.  Authorize Tax Collector to publish the 2004 Tax Delinquent Lists in the Seminole Herald at the rate of $0.70 per square inch for the first insertion and $0.40 per square inch for each subsequent insertion.

Budget

 5.  BCR #04-57 - $673,911 – Various Departments – Various Funds.  FY 2003/04 year-end cleanup of accounts.  Amounts are covered by available funds within the departments’ budgetary accounts.

 6.  BCR #05-14 - $2,200,000 – Public Works – Engineering – Fund 11500 – 1991 Infrastructure Sales Tax Fund.  In conjunction with construction bid award by the BCC on January 25, 2005, a budget revision is needed for the final segment of the East Lake Mary Boulevard (ELMB) road project, which will complete this new roadway extension to its northern terminus at SR 46/SR 415.  This revision involves a transfer of $2,200,000 of available budgeted construction funds from the completed initial segment of ELMB (Phase I) to the final segment of ELMB (Phase II) which this construction bid addresses.  Funds are available from this initial segment of ELMB (Phase I) due to economies of scale realized when it was combined with an adjacent construction segment of Lake Mary Boulevard (LMB, Phase III).  BAR 05-18 is also on this agenda and recognizes $2,919,829 in reimbursement revenues from the City of Sanford and the Florida Department of Transportation which will offset the costs relating to utility installations and specific costs relating to milling and resurfacing.

 7.  Adopt appropriate Budget Amendment Resolution #2005-R-12, as shown on page ________, (#05-18), $2,919,829 – Public Works:  11500 – 1991 Infrastructure Sales Tax Fund.  In conjunction with construction bid award by the BCC on January 25, 2005, a budget revision is needed for the final segment of the East Lake Mary Boulevard (ELMB) road project, which will complete this new roadway extension to its northern terminus at SR 46/SR 415.  This revision involves the recognition of $2,782,317 in reimbursement revenues from the City of Sanford which will offset the costs relating to utility installations under an Interlocal Agreement approved by the BCC on October 12, 2004 as well as the recognition of $137,512 in reimbursement revenues from the Florida Department of Transportation for the milling/resurfacing at the intersection of SR 46/SR 415 under an agreement approved by the BCC on September 23, 2003.  BCR #05-14 is also on this agenda and transfers $2,200,000 from an initial segment of ELMB to the final segment of this road project.

 8.  BCR #05-15 - $92,220 – Community Services – Community Assistance – Fund: 11903 – Drug Abuse Grant Fund.  An accounting adjustment is needed to move budgeted funds to the correct account line for the Byrne Grant-Elder Services Unit IV, which is administered by the State Attorney’s Office.

 9.  Adopt appropriate Budget Amendment Resolution #2005-R-13, as shown on page ________, (#05-19) - $110,693 – Environmental Services – PEI – Fund: 40102 – Water Connection Fees Fund.  Funds need to be in place for the construction of a 12-inch water main from Indian Hills Water Treatment Plant to just south of Waverly Drive.  The upsizing is identified as required in the August 2003 Water and Sewer Master Plan update for area hydraulics.  The 12-inch water main will be replacing an existing 8-inch asbestos concrete water main.  Construction is to be completed as part of the Kewannee Trail Project.  The bids for the Kewannee/Winnebago Water Main Upsizing Project came in higher than anticipated due to increased material costs.

Purchasing

10.  Award CC-1243-04/TLR Contract, as shown on page _______, East Lake Mary Boulevard IIB to John Carlo, Inc., Orlando, Florida ($16,046,432.08). 

11.  Award CC-1253-04/TLR Contract, as shown on page ________, Kewannee Trail Water Main to Cathcart Contracting Co., Winter Park, Florida ($163,722.00). 

12.  Approve Amendment #1 to Work Order 23, as shown on page ________, increasing the Board Approved Annual Expenditures on PS-586-01/BJC-Engineering Services Agreement for Solid Waste Management – Master Agreement, with SCS Engineers of Tampa, Florida (increase the Board approved amount of the contract by $2,139,000.00 and the amount of Work Order #23 by the same dollar amount).

Information Only (Emergency Procurement)

13.  In accordance with the Seminole County Code, Section 220.41 Emergency Procurement; reporting of an emergency purchase exceeding the mandatory bid threshold concerning Howell Creek Erosion Control at Eagles Point Subdivision to Singhofen & Associates, Inc., Winter Park (not-to-exceed amount of $124,966.64). 

 

Planning & Development

Community Resources

14.  Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page ________, for households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program for the following:  Raymond K. Evans; William & Rhonda Bass; Wendy Quigley; and Willie B. & Dorthea W. Williams. 

15.  Approve and authorize Chairman to execute the First Amendment to the Agreement, as shown on page _______, with Rescue Outreach Mission of Sanford, Inc. 

16.  Approve and authorize Chairman to execute Seminole County/Brother’s Keepers, Inc., HUD/CDBG Subrecipient Agreement, as shown on page ________, for Program Year 2002-2003. 

17.  Adopt appropriate Resolution #2005-R-15, as shown on page _______, renaming Sharps Settlement Lane to Bloom Lane.  

 

Development Review

18.  Approve and authorize Chairman to execute the Final Plat for AmSouth containing one commercial lot zoned PUD (Planned Unit development) on a 1.47 acre parcel within the Hunters Landing Planned Unit Development located on the north side of West McCulloch Road and approximately 293 feet west of the intersection of SR 434 (Alafaya Trail) (AmSouth Bank, Inc.).

19.  Approve and authorize Chairman to execute the Minor Plat for Andros Estates located at the junction of Orange Boulevard and New York Street (Nickolas Firios and Theodore Firios).  

20.  Approve and authorize Chairman to execute the Minor Plat for Massey Cadillac-Sanford, located on SR 46 at Oregon Avenue (SRE Florida - 2, LLC). 

 

Public Works

Road Operations/Stormwater

22.  Approve release of Road Maintenance Bonds for the following projects:         Bond #545-82-23 in the amount of $9,700.00, for the Academy of Learning project; Bond #447002876 in the amount of $5,595.92, for the Grandeville at River Place project; Bond #6179718 in the amount of $14,322.00 for the Magnolia Plantation 4A project; Bond #103770912 in the amount of $17,739.30 for the Autumn Chase Phase 2, aka Hester Property project; and Bond #8032923339-55 in the amount of $7,750.00 for the Park Place at Heathrow/CR46A ROW. 

23.  Approve release of Letters of Credit for Road Maintenance Agreements for the following:  Letter of Credit #78 in the amount of $20,815.70 for the Brookwood Forest project; Letter of Credit #P000081 in the amount of $48,589.26 for the Astor Farms Phase 2 project; Letter of Credit #103817483 in the amount of $1,070.00 for the Lakeside United Methodist Church Phase 1 project; Letter of Credit #02-13 in the amount of $2,000.00 for the Viscaya Cove project; and Letter of Credit #B2 1848034 in the amount of $5,435.00 for the Baker’s Crossing Phase I/South Sanford Avenue ROW. 

24.  Approve and authorize Chairman to execute Change Order for Contract Agreement #SE661AA, as shown on page _______, between St. Johns River Water Management District (SJRWMD) and Seminole County for date of completion extension to November 29, 2006, for construction of two Regional Stormwater Facilities. 

 

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

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     Discussion ensued with regard to the Animal Control Services Fee Resolution. 

     Commissioner Carey stated she would like to delete the late fees for animal traps that are returned late. 

     Mike Wittmer, Animal Control, addressed the Board to state staff does not believe the late fee is needed and would have no objection to deleting it. 

     Commissioner Carey stated she has received numerous e-mails about the sterilization rebate program and the limitation of 10 rebates per person.  She explained that the people that are doing most of these are the rescue groups.   She suggested eliminating this from the resolution at this time so this can be discussed further. 

     Mr. Wittmer advised that of the $58,000 rebated last year, $38,000 went to 8 people.  He added that at the current funding, they will run out of money if the rebates keep increasing as they have in the past. 

     Chairman Henley stated he does not want the rebates going to people who have picked up animals in Orange County. 

     Mr. Wittmer stated Seminole County is one of the few counties that does have a rebate program. 

     Mr. Grace suggested revisiting this issue during the priorities work sessions. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-14, as shown on page _______, as amended, deleting the animal traps late fee and eliminating the sterilization rebate program which will be discussed at a later date. 

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

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve proposed settlement relating to Parcel #132 of the Lake Drive road improvement project, located at 1998 Lake Drive, Winter Springs, Michael R. & Rochelle Kendrick, in the amount of $57,000, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs. 

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

CLERK’S OFFICE

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

 1.  Expenditure Approval Lists, as shown on page ________, dated December 27, 2004 and January 3, 2005; and Payroll Approval List, as shown on page _______, dated December 30, 2004. 

 

 2.  Official BCC Minutes dated December 14, 2004. 

 

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

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     The Board noted, for information only, the following Clerk’s “received & filed”: 

 1.  Certificates of Title, as shown on page _______, for the following:  the Preserve at Astor Farms Phase 3; the Sanctuary at Lake Ann; Brantley Heights; Forest Lake Commercial Plat; and Aloma Square.

 

 2.  Notice of Commission Hearing and Prehearing from the Florida Public Service Commission regarding Docket No. 040604-TL, Adoption of National School Lunch Program and Criterion.  

 

 3.  Seminole County Probation Division Community Service Supervising Agency Agreement, as shown on page _______, for Seminole State Forest.

 

 4.  Work Order #20, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.

 

 5.  Work Order #1 to CC-1189-02, as shown on page _______,CEM Enterprises, Inc.

 

 6.  Amendment #2 to Work Order #44, as shown on page _______, PS-556-00, DCR Engineering Services, Inc.

 

 7.  Work Order #7 to PS-5144-03, as shown on page _______, CH2M Hill.

 

 8.  Letter to Clerk of Circuit Court from Sarah M. Mijares, Longwood City Clerk, with certified copy of Annexation Ordinance.

 

 9.  Work Order #7 to PS-5124-02, as shown on page _______, PBS&J.

 

10.  Work Order #19 to PS-5150-03, as shown on page _______, EMS Scientists, Engineers, Planners, Inc.

 

11.  Work Order #12 to CC-1220-03, as shown on page _______, Southern Electric dba Rexel Mader Motor &  Control.

 

12.  Work Order #19 to PS-585-01, as shown on page ________, Jacobs Facilities, Inc.

 

13.  Satisfactions of Connection Fees, as shown on page _______, for the projects known as The Gathering Place and Stonehurst Phase 1.

 

14.  Utility Agreement, as shown on page ________, for Sewer Service with V.T., Inc.

 

15.  Conditional Utility Agreement, as shown on page _______, for Water Service with Vi-Con Dev. Group.

 

16.  Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service with M/I Homes and Tara Bush.

 

17.  Work Order #20 to CC-1222-03, as shown on page _______, Central Florida Environmental Corp.

 

18.  Work Order #2 to PS-5157-04, as shown on page ________, AVCON, Inc.

 

19.  Amendment #2 to Work Order #9, PS-5116-02, as shown on page _______, Keith and Schnars, P.A.

 

20.  Work Order #18 to CC-1222-03, as shown on page _______, Schuller Contractors, Inc.

 

21.  Development Orders, as shown on page ________, for the following:  Kenneth Kovalski, Palm Avenue; Jean Charles, Eagle Circle; Kenneth & Sarah Donlan, Crescent Boulevard; Karen Halvorson, Falmouth Road; Nancy & Frank Caroleo, St. Lucie Ct.; and Karl & Sheila Burgunder, Gemini Court.

 

22.  Amended and Restated Developer’s Agreement, as shown on page _______, for Creekside PUD.

 

23.  Recorded Amended Development Order, as shown on page _______, for Deep Lake PUD as approved on December 9, 2003.

 

24.  Emergency Consultant Services Agreement PS-5176-04, as shown on page _______, with Singhofen & Associates, Inc.

 

25.  Basic Contract M-468-04, as shown on page _______, with PBS&J.

 

26.  Letter to Cande Craven, Centex Homes, from Denny Gibbs, Planner, regarding Performance Bonds for Madison Place and Madison Creek.

 

27.  Memorandum to Sandy McCann from Chairman Henley regarding liaison representatives to the Value Adjustment Board.

 

28.  Basic Contract M-467-04, as shown on page _______, with Shaw Environmental, Inc.

 

29.  Bids as follows:  PS-5172-04; PS-5173-04; PS-5174-04; PS-5175-04; #2110-04; CC-1253-04; #2107-04; and IFB-3097-04.

 

LEGISLATIVE UPDATE

     Assistant County Attorney, Steve Lee, and Deputy County Manager, Sally Sherman, addressed the Board to give the Board an update on legislative issues. 

     Attorney Lee advised that two workshops have been scheduled with regard to the Department of Juvenile Justice (DJJ) costs (week of January 24 & the middle of February).  He stated that in reviewing the Wireless Emergency Telephone System legislation, staff believes it is a bad bill because it would restrict what local government could do.  Copy of Memorandum from Leibowitz & Associates regarding the bill was received and filed. 

     Commissioner Van Der Weide stated he would like to see a list of lobbyists that the wireless companies have hired. 

     Commissioner Morris suggested sending a letter (Chairman to edit letter) to the local Legislative Delegation and committee members on this issue voicing the Board’s opposition to the bill.  The Board voiced no objections to sending the letter. 

     Upon inquiry by Commissioner Carey, Ms. Sherman advised the Seminole County Legislative Day is scheduled for February 15, 2005. 

     Ms. Sherman said that under growth management, Senator Bennett has filed a shell bill (SB 360), which includes changes to the Florida’s growth management laws/rules.  She said this seems to be moving in the right direction. 

     Ms. Sherman advised SB 738 & HB 0267 requires owners of private fire hydrants to test hydrants in accordance with national standards and to contract with licensed professionals or local fire-control authorities to inspect and service the hydrants.  She added that staff is working with the lobbyist to provide alternative language that would not limit the bill to testing of owners of private hydrants, but all hydrants. 

     Commissioner Van Der Weide left the meeting at this time. 

     Ms. Sherman briefly reviewed the Trauma Care & Rape Crisis Centers and Photographic Traffic Control legislation. 

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     The Chairman recessed the meeting at 11:10 a.m., reconvening it at 11:20 a.m., with all Commissioners in attendance. 


REGULAR AGENDA

     Planning Manager, Matt West, addressed the Board to request Board action of Code Enforcement Lien for Case #99-17A-CEB, Shola A. Adebagbo. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to waive three Code Enforcement Liens, totaling $63,470 on property located at 841 W. Forest Brook Road, Maitland, Shola A. Adebagbo, Case #99-17A-CEB; and authorize the Chairman to execute Satisfactions of Liens, as shown on page _______. 

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

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     Director of Library & Leisure Services, Suzy Goldman, addressed the Board to present the Conceptual Plan for the Jetta Point property, advising she is asking for Board approval of the plan and approval of the establishment of a project fund for development of the park in the amount of $1.7 million (funded from Florida Community Trust Grant proceeds).  She stated the plan calls for lighted multipurpose fields, playground equipment, boardwalk, pavilions, restrooms and parking.  She said the overall cost of the improvements is approximately $2 million and if additional funding is not available, staff recommends a phased program with multipurpose fields and related support facilities as the top priority.  Also, she advised the staff recommends the acquisition of out-parcels located in the southern half of the property prior to completion of the design process. 

     Commissioner Dallari stated he believes it is critical to obtain the out-parcels.  He said he would like staff to explore the possibility of having a partnership with Winter Springs and/or Oviedo on the development of this park. 

     Chairman Henley advised there have been discussions with Winter Springs and they did not seem to be interested in partnering. 

     Commissioner Morris stated Winter Springs is expanding the Central Winds Park and are not interested in participating with the County on this park. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the Conceptual Park Plan for the Jetta Point property; and authorize establishment of the project fund for the development of the park in the amount of $1.7 million funded from Florida Community Trust Grant proceeds; and adopt appropriate Budget Amendment Resolution #2005-R-18, as shown on page ________, regarding same. 

     Under discussion, Commissioner Carey stated she would like to be kept updated on the development of the park and the status of the out-parcels. 

     Commissioner Morris stated the Board needs to see about naming the park soon. 

     Commissioner Dallari stated he would like to include the statement that the staff will pursue discussions with Winter Springs and Oviedo with regard to partnering in the development/maintenance of the park. 

     Mr. Grace stated staff will follow up with the cities on this. 

     Commissioner Van Der Weide stated he does not object to any continuing discussions with the cities. 

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

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     Meloney Lung, Support Services, and Mike Napier, Health Department, addressed the Board to request authorization to execute the Seminole Health Department & Community Services Lease. 

     Commissioner Dallari expressed his thanks to the staff for giving him a tour of the current facility and stated the expansion is certainly needed. 

     Upon inquiry by Commissioner Dallari, Ms. Lung advised there would be no cost break if the County extended the lease.  Whereupon, Commissioner Dallari stated he would still like to have a longer lease because the County isn’t going anywhere. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize the Chairman to execute Seminole Health Department and Community Services Lease, as shown on page _______; and authorize transfer in the amount of $63,951 from the General Fund Contingency to Support Services Rentals and Lease line (010530-53044000) and an amount of $7,586 to Contracted Services line (010530-53034000).  

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

     Chairman Henley requested staff to provide him with the balance amount in the General Fund Contingency. 

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     Mike Wittmer, Animal Control Services, presented request to proceed with an RFP to outsource the Pet License Program. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize proceeding with an RFP to outsource the Pet License Program. 

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

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     Kathy Moore, Fiscal Services, addressed the Board to present request to alter the MSBU process to accommodate the needs of the Lake Mills Aquatic Weed Control MSBU application.  She advised staff recommends approval. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize the MSBU program to alter the MSBU process specified in the MSBU Program Guidelines to accommodate the needs of the Lake Mills Aquatic Weed Control MSBU application. 

     Under discussion, Ms. Moore advised staff needs authorization for the Chairman to sign the agreement once it is drafted through the County Attorney’s Office. 

     Whereupon, the Chairman advised that is included in the motion. 

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

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     Director of Fiscal Services, Lisa Sprigs, and Financial Advisor, Gary Akers, addressed the Board to discuss the refunding of the County’s Series 1999, Water & Sewer Revenue Bonds.  Booklet prepared by Stifel, Nicolaus & Co., Inc. was received and filed. 

     Mr. Akers advised the average annual savings is $131,710 and the gross savings is $2,304,931.  The savings of refunded bonds is 4.125% and the average interest rate of refunding issue is 4.233%.  The true interest cost of refunding the issue is 4.107%. 

     Commissioner Morris expressed his appreciation to Mr. Akers for how fast he has moved on this. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize staff to proceed with the refunding of the County’s Series 1999, Water & Sewer Revenue Bonds; and to select Bank of America as senior underwriter. 

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

     Commissioner Morris stated that time is of the essence.  He also suggested that the Commissioners make another round visiting the rating agencies. 

     The Chairman requested Mr. Grace to make a note of that and schedule same. 

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     Director of Administrative Services, Jamie Croteau, addressed the Board to present the Settlement Agreements and Release with regard to the Sheriff’s Office/Public Safety Building. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the Chairman to execute the Global Settlement Agreement Mutual General Release, as shown on page _______, to settle litigation relating to the Sheriff’s Office/Public Safety Building; and authorize the Chairman to execute the Settlement Agreement, as shown on page _______, with Fluor Daniel, Inc. to settle their portion of the claim. 

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

COUNTY MANAGER’S BRIEFING

     The Chairman advised the Briefing items will be continued until this afternoon’s meeting after the Public Hearings. 

     Commissioner Morris suggested that with regard to Item #38, Use of the Children’s Village property, staff have the Community Alliance review the needs of the community and the agencies available for same and give the Board a series of recommendations on the use of this property. 

     The Board voiced no objections to same. 

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     The Chairman recessed the meeting at 12:01 p.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

APPEAL OF BOA/RICHARD AND JAY

SHIRAH/SPRINTCOM, INC., Continued

 

     Continuation of a public hearing from December 14, 2004 and January 11, 2005 to consider the Appeal of the Board of Adjustment’s decision to approve the request for (1) Special Exception to establish a 194 foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and (2) Associated variances from 582 feet to 60 feet, 582 feet to 230 feet; 582 feet to 270 feet; 582 feet to 450 feet; and 582 feet to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings; as described in the proof of publication, Richard and Jay Shirah/Sprintcom, Inc.

     Chairman Henley advised there is a request (copy of letter received and filed) to continue this hearing or withdraw it, but this is an appeal of the Board of Adjustment’s decision so the BCC has to deal with it unless the appeal is withdrawn.

     Mr. McMillan stated the problem is the applicant got approval from the Board of Adjustment.  If the appeal is withdrawn, the approval granted by the Board of Adjustment is in place.  He explained the BCC brought the appeal.  To do what the applicant asked for, the BCC could deny the request without prejudice and the applicant could come back at another time.  Discussion ensued.

     District Commissioner Morris corrected the content of the letter by stating the Board’s discussion was for staff to take angle pictures to have accuracy of what was done with the balloon test.  He advised how the request for continuance came about after he made an inquiry of the staff about the progress of this matter and found that none had been made.  He said the BCC was also going to look at the height issue and there has not been a performance measurement to use as a standard.

     Mr. McMillan said the cleanest thing to do would be to deny the request without prejudice and if the applicant wishes to come back at some later date, he can do so. 

     Commissioner Morris asked if the BCC denied the request and the applicant cooperated and work with staff as directed, what would be the fastest the applicant could come back before the Board.  Mr. McMillan stated the applicant would have to make a new application and go back before the Board of Adjustment.

     Kathy Fall, Senior Planner, addressed the Board to state this item could probably be put on the March agenda of the BOA.

     Chairman Henley suggested that since the BCC appealed this approval, they will not continue it but hear the item as advertised and then make the decision to uphold the decision of the BOA or reject it.

     Richard Shirah, representing Sprintcom, Inc., applicant, addressed the Board to answer questions by Commissioner Morris.  He explained he understands the Board’s frustration of not receiving the information they requested and explained why they were not able to do the balloon test (because of the Cingular/ATT merger).  He stated he does not have authority to run the balloon test.  He apologized and said his company does not operate this way.

     Mr. Grace asked that if the continuance is granted, he would request it be continued to February 22, 2005 as the next BCC’s agenda for February 8 is full.

     Commissioner Morris stated if the Board were to continue this item, he wants it clear that the applicant will work with staff to do a proper balloon test and run it in accordance with staff to be aware of when and where it will be run so they can be on site; and the BCC and those interested citizens will be informed.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to continue to February 22, 2005, the public hearing to consider the Appeal of the Board of Adjustment’s decision to approve the request for (1) Special Exception to establish a 194 foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and (2) Associated variances from 582 feet to 60 feet, 582 feet to 230 feet; 582 feet to 270 feet; 582 feet to 450 feet; and 582 feet to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings; as described in the proof of publication, Richard and Jay Shirah/Sprintcom, Inc., based upon information provided today and under the specific conditions discussed today.

     Laurian Rauen, 1050 Van Arsdale, addressed the Board to state she is objecting to the continuance because all the neighbors have objected to the cell tower.  She further said that by law they are supposed to be notified of these hearings, but there was a hearing held two weeks ago that was continued and they did not even know there was a hearing.  She said they were not notified of today’s hearing.  She advised that she owns property across the road that was one of three sites picked.  As far as she knows, no one was objecting if the cell tower was put in the back of her 10 acres that is located by the woods. 

     Upon inquiry by Chairman Henley, Mr. McMillan responded to the issue of notification to the neighbors. 

     Commissioner Carey stated if people have spoken on an issue, she thinks it would be pretty simple to send them a notice that the BCC is hearing the item again.

     Chairman Henley stated that has not been the practice since he has been on the Board.  He explained that would be a change of policy.

     Mr. McMillan further explained that is why the Board continues to a date certain.  Those in attendance at the hearing on December 14, 2004, were notified that it was continued to January 11, 2005.

     Carl Bowman, 1000 Van Arsdale, addressed the Board to state he has already voiced his objection two times to this whole thing.  He said he is against the continuance.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     Districts 2, 3 and 4 voted AYE.

     Commissioners Dallari and Carey voted NAY.

     Chairman Henley clarified the public hearing is continued to February 22, 2005 at 1:30 p.m., or as soon as possible thereafter.  Commissioner Morris clarified that this is a continuation of the public hearing with new information presented, and that is what is being debated.

     Commissioner Carey said she thinks it would be helpful to them if they had some general dialogue to see where they think they are going on the cell tower issue.  The Board had also asked that all the cell companies be represented at the meeting.  She thinks it would be helpful for them to hear some of this information before the Board continues to hear issues on the cell towers.

     Deputy County Manager Don Fisher addressed the Board to ask for more direction regarding what information she would be looking for.  Whereupon, Commissioner Carey stated she thinks there is some new technology and some old technology that has become cost-effective.  The Board has to come up with a solution that is going to work for everyone in the community and they need to get everyone together (BCC, staff, and the industry) to move toward a solution that works.

     Mr. Fisher said staff would bring back a briefing item to the Board and they will consult with the industry on technology advances and such.

     Chairman Henley said he doesn’t think the problem is with the Code, but every provider wants his own tower.  In preparation of the map, he wants to see the location of every tower in Seminole County and who owns it, and how many services are on the towers.  Also, they need to look at that in light of all the mergers taking place between the providers to get some sense of how many towers the companies have when they come together and why their technology doesn’t work on the towers any longer.

     Commissioner Dallari requested further to show on the map the areas that have poor cell coverage and if there are other counties or municipalities that have pre-determined cell site locations. 

     Commissioner Morris clarified, regarding the public hearing item just heard, that it dealt with some serious concerns regarding variances and the overall height of 194 feet.  He doesn’t want the misimpression that this was just a variance issue.  The height distance would not just affect adjoining property owners at 300 feet, but this would give the ability to be seen some distance away and that would be commercial intrusion into what would be a noncommercial area.

SMALL SCALE LAND USE

AMENDMENT/THOMAS DALY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approving a request for a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD) and PUD Major Amendment from Commercial to Residential on approximately 8.1 acres; approval of Final Master Plan, and authorize the Chairman to execute a Developer’s Commitment Agreement; property located on the north side of Palm Valley Drive, 600’ east of Alafaya Trail; Thomas Daly, Walden Chase Townhomes, received and filed.

     Jeff Hopper, Senior Planner, presented the request, stating access to the development would be from Palm Valley Drive on the south, all townhouse units would be located on individual platted lots, and the development would not be marketed as student housing.  Amenities include a swimming pool and walking paths and there would be extensive landscaping on the east, adjacent to Palm Valley PUD.  The existing lake on the east side of the property, which functions as a retention area, would be improved with sodding, landscaping, and benches to make the area a recreational amenity.  For additional buffering adjacent to the mobile home development to the east, the applicant will provide four canopy trees and five understory trees per 100 feet along the property line north of the retention area.  He advised an issue has come up regarding potable water capacity within the County’s Southeast Area Water System.  The proposal is a Comprehensive Plan Amendment, which means the development is not reflected in water use calculations provided to the St. Johns River Water Management District for the Consumptive Use Permit.  Environmental Services Department estimates the additional use at approximately 8,100 gallons per day above the amount that would be generated by permitted uses under the existing zoning.  Therefore, this increment should be mitigated to avoid a net increase in water use over and above the amount currently reflected in the CUP.  Despite the water issue, staff recommends approval of the request, subject to conditions listed in the staff report, including the following:  (1) Adjacent to commercial and industrial property along the north and west property lines, the developer will provide four canopy trees per 100 feet and a 6-foot PVC fence; (2) Sales materials shall clearly indicate the proximity of the commercial and industrial uses; (3) Building setbacks will be a minimum of 20 feet from the sidewalks; and (4) Sidewalks will be provided adjacent to all units on both sides of the road.  Another recommendation not already discussed is that the applicant should prepare a water mitigation plan for the satisfaction of the Environmental Services Department, and this should be done prior to final engineering approval.

     District Commissioner Dallari stated the Board had asked the applicant to meet with the adjacent property owners prior to today’s meeting and that was the reason for the continuance.  He has not seen any new information in the agenda packet.  The applicant did say a meeting was held.

     Mr. Hopper stated he did not have any documentation on that, but Mr. Daly is present today.

     Upon inquiry by Chairman Henley, Mr. Hopper showed an aerial map of the area.  He pointed out some vacant land in the area and showed the commercial, HIP transitional, and HDR areas.

     Commissioner Morris questioned why would 6’ PVC fencing be used.  He said on almost every other townhome development, they have required a brick wall on the frontage.  He thinks that is more aesthetic than a PVC fence.  Discussion ensued.

     Tom Daly, Daly Design Group, applicant, 913 Pennsylvania Avenue, addressed the Board to state they have three separate applications before the Board.  He would like to agree to continue this hearing because they still have some fine-tuning to do with the Palm Valley Homeowners Association.  He would like to “flush out” the ideas they are proposing and get comments from the Board so they can expedite this and not go through another full-blown public hearing.

     Commissioner Dallari asked what is the proper protocol as the applicant is asking to use the Board as a “sounding board,” and that’s not normally done. 

     Mr. Daly explained that Commissioner Dallari had expressed that since he had not been brought “up to speed,” he would like to have the public hearing continued.

     Commissioner Dallari explained that from the meeting in December, 2004, the applicant was to meet with the Palm Valley HOA and the BCC was supposed to get findings from that meeting for their review.  He said he has not heard or seen anything regarding that yet.  There has not been any additional information on this item, and it is difficult to make a decision when he has not seen any additional information. 

     Whereupon, Mr. Daly said he would like to present the facts they have today, and the Palm Valley HOA members are here and can update the BCC on what they have been doing over the past months.

     Commissioner Morris said Mr. Daly is making a little different request to the Board.  He said the correct procedure is if he still has some issues to deal with the Palm Valley Association, he should do that and then come back with what’s been worked out.  Discussion ensued.

     Mr. Daly reported they have met with the Palm Valley HOA Board and received emails, just as of yesterday, on some fine-tuning issues and they are working on those with the Palm Valley Board.  He said they have had two or three meetings with the Palm Valley property owners.  They have been meeting with the two groups since October, 2004, originally beginning in July.  He said there have been changes in the Board with different presidents.  They are very close to having things finalized.  The current agreement that stands in place is relative to access and buffering.  The access is not an issue because it is private road.  The buffering is something the County requires.  The existing agreement is signed by the Palm Valley HOA, owners of the mobile home park, and the subject property owners.  He advised Chairman Henley that he doesn’t have the information that Commissioner Dallari wants.

     Mike Oliver, Centex Homes, addressed the Board to state they have met three times with the Palm Valley Board over the last several months.  He clarified when the meetings were held and with which president.  He said as far as he knows, they have come to terms on every issue.  They all agreed that it may be difficult to get a document signed because Hometown, who owns the park, has to have their attorney review it and so on.  He believes they agreed that they would all say they may not have a signed document, but they have come to terms and maybe Centex could move forward at this point in time.  If there are any outstanding issues, they have PSP and a few other forms of entitlement before they can begin developing.  He said Centex Homes is prepared to move forward without the agreement.  He explained the agreement has to do with ingress and egress into Palm Valley Road.  They do not have to have ingress and egress on Palm Valley, but they can use Park Drive if they need to.  If the District Commissioner wishes them to sit down with the Palm Valley HOA again, they will do that.  He understands there will be a four-week delay because the next scheduled meeting is booked.  If they cannot come to terms in the next two weeks, they will bring another plan to the BCC that shows ingress/egress straight out to Park Drive.

     Motion by Commissioner Dallari, seconded by Commissioner Morris, to continue to the first meeting in March (March 8, 2005) at 1:30 p.m., or as soon thereafter as possible, the request for a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD) and PUD Major Amendment from Commercial to Residential on approximately 8.1 acres; approval of Final Master Plan, and authorize the Chairman to execute a Developer’s Commitment Agreement; property located on the north side of Palm Valley Drive, 600’ east of Alafaya Trail; as described in the proof of publication, Thomas Daly, Walden Chase Townhomes; with the direction that before this comes back to the BCC, Commissioner Dallari would like to see an outline of what both sides are proposing.  Mr. Grace is to tell the developer that it will be best if he has a document to present when he comes back before the Board.

     Under discussion, Commissioner Morris stated that overall this is an excellent type of development for this use compared to what could go there.  If the two groups can’t work things out, they have the right to come back to the Board and they will work it out.

     Upon inquiry by Chairman Henley, the following persons stated they did not wish to speak regarding the continuance:  Charles Pospisil; Annebelle Closson; Virginia Hartwig; T. J. Levey; and Harold B. Harris.

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

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

BOAT DOCK REGULATIONS

     Continuation (second of two public hearings) of a public hearing to consider the Boat Dock Regulations Ordinance, as described in the proof of publication.

     Chairman Henley advised that this public hearing has been withdrawn by staff and will be re-advertised in order to make the changes to the Ordinance requested by the Board at its meeting of January 11, 2005.

COUNTY MANAGER’S BRIEFING, Continued

     Tony Matthews, Principal Planner, addressed the Board to give a PowerPoint presentation (copy received and filed) reviewing highlights of the Wekiva Parkway and Protection Act.  He reported that the Act is still being analyzed by the State as well as County staff to determine the Act’s full impacts on local governments.  The Department of Community Affairs is preparing guidelines, per local governments, to assist in meeting requirements of the Act.  Agency rulemaking will be an essential step in the process to further determine local government requirements and interpretation of portions of the Act.  To date, there have been three studies completed with respect to the Act by the Department of Transportation, Department of Health, and the Department of Environmental Protection.  Staff is reviewing those studies and he anticipates there will be rulemaking coming from those studies.  Mr. Matthews showed slides and reviewed the following topics:  Wekiva Study Area; Affected Local Governments; and Major Provisions of the Wekiva Act.

     Commissioner Morris left the meeting room at this time.

     Mr. Matthews stated staff will ask for the Board’s direction relating to potential funding and/or other issues to meet the requirements of the Act.  He continued reviewing the following topics under the Requirements of Local Government:  Sanitary Sewer Issues and Potable Government Issues;.

     Commissioner Morris reentered to the meeting room at this time.

     Mr. Matthews continued under the Requirements of Local Government reviewing Potable Water Issues; Stormwater Issues A and B; Wekiva Parkway Corridor; Transportation Issues; Planning Issues; and Agency Rulemaking.  He further reviewed the Land Development Regulations; Wekiva River Basin Commission; Funding Options to Consider; Key Dates; and Board Direction.  He said staff is suggesting they coordinate comments and concerns with DEP and DOH during rulemaking to address County concerns with requirements for central wastewater service and septic tank phase-out program; and update the Board following the next Wekiva Basin Commission meeting scheduled to be held on February 3, 2005.  He said he will be reviewing the Glitch Bill, which is on the agenda for the Wekiva Basin meeting.

Mr. Grace said the staff’s main concern today was to make sure the Board was aware of some things in the bill that in the rulemaking process could affect the County financially, and to be aware of some of the time frames of what is going to happen over the course of the year regarding Comprehensive Plan amendments related to the bill.  He added staff will monitor the rulemaking process and will make the Board aware of things of concern so they can get direction and take action at that time.

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Suzy Goldman, Director of Library and Leisure Services, briefed the Board on library expansion issues.  She introduced two Library Advisory Board members in attendance, Leonard Greenbalm and Margie Johnson.  She showed a PowerPoint presentation and reviewed the following topics:  Trends 1988-2004; Current Status; Benchmarks; State Standards; Summary; Recommendations of Mayors and Managers Subcommittee; Staff Engineering Study 2003; and More Recommendations of the Mayors and Managers Subcommittee. 

Ms. Goldman said staff has had a preliminary discussion with Dr. Ann McGee, Seminole Community College, to explore the potential for a joint-use library.  She acknowledged Pat DeSalvo, Dean of Learning Resources at Seminole Community College, who was present at the meeting. 

Regarding funding, Ms. Goldman said a millage dedicated to libraries is recommended by the Mayors and Managers Subcommittee.  Currently, a quarter of a mill is levied for the equivalent of $5.4 million that supports the library operations.  The proposed plan would result in approximately a half mill increase.  Due to the extent of the increase, a referendum is recommended. 

Commissioner Van Der Weide stated it’s obvious they are going to have to do something with the libraries, and he looks at this as an opportunity.  He said it’s interesting that they are going to have to relocate the libraries they have and that is going to bring up another issue of what are they going to do with the buildings vacated.  He sees needs throughout the County such as for senior citizens and trailheads.  He doesn’t know how many of the buildings can be converted for other uses, but if they have to go to the voters, he suggests this be well thought out to address the needs the citizens have.  He said children are an issue also.  He wants to make sure the whole County is covered with whatever they do.  They need to think of the senior citizens, trailheads, and some of these other issues and go broader than just “community rooms.” 

Commissioner Carey said this also brings up the opportunity for redevelopment projects.  She would hope they would look first to some of those opportunities as part of their package when they start looking at this. 

Commissioner Van Der Weide said he thinks this needs to be done on a professional basis like it was done with the Courthouse study.

Chairman Henley stated this item will come back up again when the Board gets into the priority study and at that time, they have identified several things that need to be reviewed.  The Board will have to set some criteria for them to use to judge when they begin priority-setting.  He suggested that as thoughts come to the Board, they pass those on to the County Manager so they can be collected and reviewed by staff as they come back for presentations later.  He said he is not interested in getting into piece-meal priority-setting until they have seen all their needs.  Then they can decide what they want to do.  He wants immediate and long-range priorities, and how to fund them.  He said there are a lot of issues that the public needs to be informed about so when they get into the priority-setting, they can make intelligent decisions.  Once they set the priorities, they can get professional help to locate where these should be and what they should consist of.

Commissioner Dallari thanked Ms. Goldman, her staff, and all the volunteers on the Library Advisory Board for doing a very good job.  He said he is sure there is a lot of support on the Board for expansion of the libraries.  He questioned why Ms. Goldman used the State minimum standard.  She answered that she felt going higher was too expensive.

Commissioner Carey asked Mr. Grace to prepare for the Board a summary of what he has heard from the different Commissioners about things that need to be discussed at the work sessions.

Commissioner Morris stated he is a library supporter and believes a society is defined by its schools, libraries, and its culture.  He reviewed the history when the Board set its goals in 1997 for 1.5 books per resident, which was 25% below the State standard, and how it is now with the computer technology.  He said it is clear to him that this is clearly needed, and he hopes they do move forward.  It is clear that the only way this is going to be done is by voter initiative.  He said they need to get this funding out of the General Fund category.  He advised Ms. Goldman that as she goes to the Mayors/Managers meeting, they need to tackle the Altamonte Springs issue and get them involved. 

Commissioner Carey said this is just one more thing where the Cities and County need to be jointly working together to provide the needs to the citizens.  She reminded the Board of the reception on Thursday night, 5:30 p.m. at Seminole Community College for the City Officials, County Commissioners and key staff from all seven cities.

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Chairman Henley stated the other two Briefing items, Eureka Hammock Urban Conservation Village Floodplain Compensating Storage and County-Owned Land, are continued to a later date.

CHAIRMAN’S REPORT

     Chairman Henley said he met with Gary Earl of Workforce Central Florida and he indicated there are a couple of vacancies on that Board and asked for recommendations from the BCC to forward to the Chamber of Commerce.  He has had difficulties getting the Chamber to nominate someone.  Chairman Henley asked the BCC members to give names to the County Manager to pass on to the Chamber.  Chairman Henley also advised of a reappointment needed for the Workforce Board. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to reappoint Lena Wasserman to the Workforce Central Florida Board for a term ending December, 2007.

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

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     Chairman Henley stated the Lynx Board at their meeting on Thursday, January 27, will address new rate proposals for the fare boxes.

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     Chairman Henley stated he had a communication from Ms. Eberle regarding the proposed new UCF stadium and she is very adamant that the BCC hold a public hearing.  He advised her he has no intention of scheduling a public hearing since that is not in the County’s jurisdiction.  He said he had spoken with UCF President Hitt a month before his release of their intent for a stadium and advised him that he would like for the County staff to have an opportunity to interact and react on behalf of the Board and Seminole County.  He said those are his intentions unless the Board desires to hold a public hearing.  The consensus of the Board was not to hold a public hearing on this item.

     Mr. Grace advised he received a call yesterday from Fred Kittinger of UCF who was trying to schedule a staff meeting on this issue.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Copy of letter dated 1/11/05 to Lenor Bromberg, Engineering, from Teresa Lyons, Director, Markham Woods Association, re:  Proposed Trailhead at Long Pond Road & Markham Woods Road. 

 

 2.  Copy of letter dated 1/14/05 to Tim Holt, Vice President, United Soccer Leagues, from Chairman re: Appreciation for the Super Y-League Championships being held in Seminole County.

 

 3.  Letter dated 1/13/05 to BCC from Diane Pickett Culpepper, Bright House, re:  Changing of Sunshine Network to Sun Sports.

 

 4.  Copy of letter dated 1/06/05 to Suzy Goldman, Library & Leisure Services, from Gerald Seeber, Oviedo City Manager, re:  Update on Winter Miles Park.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

 5.  Notice of City of Sanford public hearing for rezone 1/20/05.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Director, Support Services)

 

 6.  Copy of letter dated 1/11/05 to Kevin Grace, Co. Manager, from James Berko, Executive Director, and Linda Gregory, Board President, Seminole Community Mental Health Center, re:  Seminole County Children’s Village.

 

 7.  Copy of letter dated 1/03/05 to Alice Gilmartin, Principal Coordinator, Long Range Planning, from Jim Logue, Black Hammock Association; Deborah Shafer, Chuluota Community Association; and Richard Creedon, Geneva Citizens Association, re:  Appreciation for proactive approach in identifying issues important for the preservation of the rural character of Seminole County.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

 8.  Copy of memorandum dated 1/07/05 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services Dept., re:  Submissions into County records.

 

 9.  Memorandum to BCC (with attachments) from Sally Sherman, Deputy Co. Manager, re:  Wireless Emergency Telephone System.

 

10.  Notice of scheduling of Seminole County Industrial Development Authority regular meetings for 2005.

 

11.  Petition to challenge 2005/06 University of Central Florida Main Campus Master Plan.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Director, Co. Attorney)

 

12.  Copy of letters dated 1/11/05 from Jane Peterson, Library Services Manager, re:  Appreciation for donations to the following:  Joyce Lehman-Sharpe and Nancy and Bob Jones.

 

13.  Facsimile dated 1/24/05 to BCC from Edward Collins re:  Request for public hearings on UCF’s proposed projects.

 

14.  Final Order dismissing petition with leave to amend – Sierra Club and Susan Eberle vs. University of Central Florida.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

15.  Letter dated 1/14/05 to Chairman from Clayton Wilder, Community Program Administrator-Fla. Dept. of Law Enforcement, re: Elder Services Unit-Seminole 3 reports accepted.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Sheriff’s Office)

16.  Memorandum dated 1/18/05 to BCC (with attachment) from Kevin Fall, US 17-92 CRA Coordinator, re:  Implementation Strategy-Fern Park Development Framework.

 

17.  Memorandum dated 1/20/05 to BCC and Seminole Co. School Board (with attachment) from Kevin Grace, Co. Manager, and Dr. Bill Vogel, Superintendent of School, re:  School Capacity/Land Conversion Issue Recommendations Report.

 

18.  Letter dated 1/24/05 to BCC (with attachment) from Tim Hickman, President, Seminole Co. Professional Firefighters, re:  Upcoming Negotiating Paid Time Off.

 

19.  Memorandum dated 1/14/05 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services, re:  Submission into County Records.

 

20.  Tourist Development Council meeting minutes from 12/09/04.

 

21.  Copy of memorandum dated 1/19/05 to Robert Wilson, Director Co. Finance, from Donald Eslinger, Sheriff, re:  Hurricane Reimbursements.

 

22.  Copy of letter dated 1/17/05 to Judge James Perry from Kevin Grace, Co. Manager, re: County Funding of positions.

 

23.  Notice and agenda for Seminole Co. Port Authority meeting 1/26/05.

 

24.  Letter dated 1/11/05 to BCC (with attachment) from Paul Mercier, Chairman, Sarasota County, re:  Support of Red Light Camera Legislation.

 

25.  Letter dated 1/14/05 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Annexation Ordinance #3910.  (cc:  Co. Manager, Deputy Co. Managers, Planning Director, Property Appraiser, Supervisor of Elections)

 

26.  Notice of Surface Transportation Board Decision re: Abandonment exemption in Seminole County.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Engineering)

 

27.  Memorandum dated 1/15/05 to BCC (with attachments) from Lisa Spriggs, Fiscal Services Director, re:  Article V-Court Appointed Counsel.

 

DISTRICT COMMISSIONERS’ REPORTS

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt appropriate Resolution 2005-R-16, as shown on page _______, in appreciation to Michael Odell for his services on the Parks and Recreation Advisory Board.

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

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     Commissioner Dallari reported that he was informed there may be some information about two alternate positions on the SCIDA Board.  He said the Board members wanted him to make sure the BCC was aware that the SCIDA Board consists of seven voting members of equal standing.  Each of the five district commissioners makes one appointment and two appointments by the Commissioners are made on a rotating basis, but there are really no alternate appointments.

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     Commissioner Dallari questioned what is the policy of the Board on changes to the agendas.  Mr. Grace explained there were more add-ons to this agenda than normally.  These were things that happened at the last minute.  The Board briefly discussed this matter.

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     Commissioner Dallari requested from Mr. Grace a list of attendees from the County’s perspective that attended the Scottish-Highland Games and Pro Bass Tournament events held last week.

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to reappoint Bill Allen to the Electrical Contractors Board for a one-year term ending January, 2006.

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

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     Commissioner Carey reminded the Board again of the City/County Reception to be held on Thursday evening at Seminole Community College’s Weldon Administration Building.

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     Commissioner Morris reported he has received several calls recently (and he visited the area) regarding the Greenwood Lakes Treatment Plant.  He said he thought the County put a lot of money into the Treatment Plant to fix the smell problem.  He said this is really a mess and he wants to find out what the County has done. 

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     Commissioner Morris advised the Board of Federal Transportation items that will be presented to Congressman Mica to be put in the new Transportation Reauthorization Bill.  Copy of his memorandum to the Board was received and filed.  He reviewed the list.  He said aside from these projects, County Engineer, Jerry McCollum, had some rollover projects from the continuing list.

     Mr. McCollum recommended and reviewed the following projects to be sure the Board concurs with everything:  I-4 Greenway Connector to International Parkway; 17-92/SR 436 Right-of-way; and SR 46 from Sanford Avenue to 415.

     Upon inquiry by Chairman Henley, Commissioner Morris said he was informed Congressman Mica wanted a serious list from Seminole County.  Mr. McCollum stated the phone call he received was that they needed the list by Friday.

     Commissioner Morris stated if the Board had any additions, those could be added to the list.  Mr. McCollum advised this is for the six-year program, so it is critical they get this information to Congressman Mica. 

COUNTY MANAGER’S REPORT

     Mr. Grace asked for direction from the Board regarding Items #42 and #43 on tonight’s agenda for which requests for continuances have been made.

     District Commissioner Carey said she would support continuing Item #42, Appeal of the Board of Adjustment/Karl J. Sanders/Edwards Cohen.  She thinks staff was directed this morning to at least contact those persons she was aware of for this item.

     Mr. Grace said a subsequent letter was received (copy received and filed) requesting a continuance to February 8.  Whereupon, Commissioner Carey asked for another date as the February 8 date is full.  Mr. Grace recommended the continuance to February 22, 2005. 

     Chairman Henley stated the request for Item #43, Revised Development Plan/Francisco Rogo/Landmark Companies, was to be continued to February 22, 2005.

     District Commissioner Dallari stated he had no objections to continuing Item #43 to March 22, 2005.

     Mr. Grace said staff will contact the appropriate people.

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     Mr. Grace reminded the Board that on next Tuesday (February 1) at 1:30 p.m., the first priority-setting work session will be held.  He also reminded the Board of the Executive Session on Negotiations will be held immediately after the Board meeting today.

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     Upon direction from the County Manager, Mr. West gave a brief overview of the report from the School Board and County staff on the issue of land use conversion.  Mr. West stated the staffs met and came up with a short-term solution to do a capacity review for all future land use amendments with the School Board staff to see if they generate any additional students which would need additional school capacity.  If capacity was needed, they would also look at the area served to see if those schools had or would be likely to have the capacity within two to three years from the request.  If there was no capacity and no improvements scheduled in the area, the staffs would look at mitigation alternatives.  If no reasonable mitigation is possible, the capacity review would indicate that the land use amendment should be denied.  For the long-term solution, the staffs recommend the County Commission and School Board develop a Focus Committee that would look at how education would be factored into the capacity and land use decisions.  He said this group could be composed of members from the School Board, Cities, public, and development community and possibly work through the process beginning with the Mayors/Managers meeting forum.  The goals this group would be charged with would be to provide the necessary facilities, including land, to meet student needs and provide a fair and uniform method of assessing development projects for school needs.  This committee could look at many alternatives.  He said this long-term solution is about a year out to fruition, and in the interim, staff would employ the short-term capacity review. 

     Commissioner Carey commented she read the School Board’s meeting minutes and they have made their policy to read something different from what the minutes indicate.  Secondly, she said impact fees are designed to mitigate the impact.  The Board has not looked at the impact fees for a long time, but to say they would try to negotiate a settlement, she thinks they would be getting into some territory they may not want to get into.  She said she wants the County to proceed cautiously.  She doesn’t believe the Education Summit has been scheduled and there are a lot of people in the community who have asked to have input.  She said it seems they have a good plan in place now with the School Board serving on the Zoning Board and the impact fees, and the County is clear on their message that they don’t want to see the County convert any commercial to residential use.  She said the County doesn’t seem to get any credit for taking out residential and reducing the number of students.

     Chairman Henley explained reducing residential reduces the land for potential housing, but that doesn’t reduce the number of students.  The School Board is coming from the point that when they reach their capacity, they can’t serve anymore.

     Commissioner Morris said he appreciates the thought Mr. West put into this and the concept of a Focus Committee is a good one.  However, he said there is no satisfaction in a big group.  Whereupon, Mr. Grace said they need to narrow that down.

     Commissioner Morris asked if staff could run a comparison between this and the Martinez Plan.  He said he agrees with certain intents and certain areas they need to approach with the School Board.  Discussion ensued.

     Commissioner Carey said they might look right away into appointing a large committee of citizens and agencies to come up with recommendations and that committee could have a spokesperson at the workshop when they hold the educational summit.

     Commissioner Morris said he thinks the long-term solutions make more rationale than the short-term ones.

     Commissioner Van Der Weide commented that the School Board should be building the schools upward and use athletic fields like a lot of other cities throughout the country are doing.  He said he would like some comparisons and would like to know what the School Board can do in their jurisdiction to address their future needs, based on the situation they are in now.

     For clarification, Mr. Grace said he learned after the joint work session with the School Board that Envision Seminole is in the process coordinating an education summit, which is a big community-wide comprehensive issue.  He asked if what the County Commission was talking about was for the particular issues of land use conversion and capacity and those types of things. 

     Commissioner Carey said they also talked about looking at all the options to help solve the problem. 

     Under discussion, Commissioner Van Der Weide said he does not feel very comfortable turning over the responsibility the Commissioners have to too large of a group.  He said he was the Chairman when Vision Seminole was started and was involved in the first Envision Seminole meeting and there was a drastic change in the membership of the committee from the first one.  That group was dominated by the education community and the result of that group was basically all educational and children issues.  He said they need to maintain the quality schools and government they have and need to figure out how to work this out, but if they turn this over to a group so large and controlled by a certain aspect of the County, they are not going to like the results.

     Mr. Grace said his suggestion is not to do that.  He thinks they are trying to resolve the land use capacity issue which needs the participation from the County, Cities, schools, and the development community.  The focus would be on that issue as opposed to the gamut of education.  If the Board is in agreement with that, he thinks they can put that together.

     Commissioner Morris said the two crisis areas he heard from Ms. Kramer’s presentation was that there are some areas grossly overcrowded and the students can’t be migrated to some other location.  This is a school siting problem.  The other area discussed was the declining nature of the socio-economics of the school system.  He said those are the things that need to be discussed.  If they want to continue the dialogue, then they can expand it.  He suggested going step-by-step instead of trying to take on the whole thing.

     Chairman Henley stated if they read the record, the fact is that the school system has been reacting to the results of decisions by the County since the 1960’s.  They have been on double sessions and have hundreds of portables all over the County trying to accommodate the growth that has taken place.  A great deal of that growth came from the Commissioners changing things from what existed.  The School Board has about reached their capacity of all they can absorb under the circumstances.  Then the Legislature compounded that with the results of the two Constitutional Amendments, one being the Universal Pre-K.  If the Board continues as they have through the years, the school system will degrade to the point of being another Orange County.  He stated the School Board has said the Board’s decisions are compounding those problems and part of that is brought by the desire of land owners and developers to get the highest they can at the expense of the school system.  He believes in property rights, but he also believes property rights are not the exclusive right of the applicant.  The Board has to make judgments based on what’s good for all the people of the County.  If the school system goes down, the economy of the County will go down also.  Discussion continued.

     Commissioner Carey said she would like to have time to digest the recommendations and then give feedback to staff.

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     The meeting was recessed at 3:59 p.m., reconvening at 7:00 p.m., this same date, 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.

PUBLIC HEARINGS

BOA APPEAL Sanders/Cohen (Continued)

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

     Chairman Henley stated there was consensus this afternoon to honor the request from the applicant to continue this item to February 22, 2005.  He stated this was done to allow staff time to contact interested residents of the continuance.  A letter requesting the continuance was received and filed.

     District Commissioner Carey stated she had hoped that everyone was notified of the continuance but she sees that there are some residents in attendance.  She stated she informed the applicant that there was consensus from the Board to accept the request to continue.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to continue to February 22, 2005 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal of the Board of Adjustment’s denial of a (1) special exception to establish a 150 ft. tall “ecclesiastical” camouflage communication tower in the A-1 (Agriculture District); and (2) associated variances from 450 ft. to 350 ft., 450 ft. to 250 ft., 450 ft. to 237.4 ft. and 450 ft. to 300 ft. to reduce the minimum separation distance required between a proposed 150 ft. tall “ecclesiastical” camouflage communication tower and properties with single-family residential dwellings, as described in the proof of publication, Karl J. Sanders/Edwards Cohen.

     Under discussion, Rex Crane addressed the Board to state he is the property owner to the north of the proposed cell tower.  He stated he doesn’t know the motivation of the applicant’s request to continue.  He stated if the applicant is looking for an alternate site for the cell tower, then he believes it is a good idea to continue it.  However, if the motivation is due to  an inconvenience to their schedule then he would encourage the Board to deny the request.

     Chairman Henley stated the applicant is asking time to explore various alternatives.

     Quentin (Bob) Beitel, President of the Markham Woods Association, addressed the Board to state the Markham Woods Association is not in favor of the cell tower.  He stated he is looking for alternatives, and he believes it has been a year since they have been working on this.  He said he believes the Board is aware that there are bills before the Legislature (SB 2774/HB 1495) that may take control of communications towers away from the County.  He stated this could be plot or ploy to get these bills passed before the Board can act.  He asked the Board to strongly consider this.  He said he really is not in favor of the continuance.

     No one else spoke in support or in opposition.

     Chairman Henley stated the Board discussed the legislative issue this afternoon and they will let their Legislative Delegation know of this.  He encouraged Mr. Beitel to contact the Legislative Delegation and let them know about his concerns.

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

     Speaker Request Forms were received and filed.

REVISED DEVELOPMENT PLAN/

Francisco Rogo/Landmark Co. (Continued)

     Continuation of a public hearing to consider request to approve the Revised Development Plan for the Woods at Casselberry apartments on approximately 10.72 acres zoned R-4 (Multi-family Residential) located on the west side of Jergo Road, approximately 800 ft. south of Howell Branch Road, as described in the proof of publication, Francisco Rogo/Landmark Companies.

     Chairman Henley stated staff has received a request from the applicant to continue this item to March 22, 2005.  A letter requesting the continuance was received and filed.

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

     Written Comment Form from Dianna Flynt was received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to continue to March 22, 2005, consideration of request to approve the Revised Development Plan for the Woods at Casselberry apartments on approximately 10.72 acres zoned R-4 (Multi-family Residential) located on the west side of Jergo Road, approximately 800 ft. south of Howell Branch Road, as described in the proof of publication, Francisco Rogo/Landmark Companies.

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

BOA APPEAL/Bonnie Giroux (Continued)

     Continuation of a public hearing to consider an Appeal of the Board of Adjustment’s denial for a special exception for the one-year placement of a mobile home/construction trailer in the A-1 (Agriculture District) while a single-family home is under construction located at 331 Beach Avenue, Longwood, Florida, as described in the proof of publication, Bonnie Giroux.

     Jason Showe, Planning, addressed the Board to state based on the criteria listed in the Land Development Code, the applicant has satisfied the criteria for granting the special exception.  Staff does not believe that a temporary occupancy of a mobile home, while a single-family home is being constructed, would be detrimental to the public interest.  The applicant has indicated that the proposed mobile home will be modified to include bathroom and kitchen facilities consistent with those of a single-family dwelling.  He stated seven property owners have indicated that they are opposed to the request.

     Bonnie Giroux, appellant, addressed the Board to state she doesn’t need the construction trailer for a one-year period, but only for six months.  She stated she has been hit with huge increases in construction bills due to the hurricanes.  The residents would not see the mobile home and if she has to, she can go with a smaller trailer.  She said there are several trailers as well as large boats in the community.  Some of the area homes still have boards on their windows.  She stated the construction site is cleaned up and it is an improvement from what was there before.  She added she has built a couple of houses in the neighborhood and her brother just obtained the certificate of occupancy a few months ago.  She stated her home is appraised at $441,000 and she submitted a photograph (received and filed) of the house she is building.  She also displayed a 3-D layout of her house and photographs (all received and filed) of the surrounding properties showing boats and trailers parked in driveways as well as other code violations. 

     Upon inquiry by Chairman Henley, Ms. Giroux advised she has installed a septic tank on the property.  She displayed a boundary survey (received and filed) and indicated where the septic tank was installed.  She also displayed photographs (received and filed) of the beginning stages of construction.  A map showing the location of surrounding properties was received and filed.

     David Gray, 1540 Hobson Street, addressed the Board to state he has lived in the area since 1957, and of the houses he has helped build he has not seen a trailer in the residential areas.  He stated most of the builders he has worked with have an office but there are no trailers on the property.  He said he cannot figure out the necessity of this.  He added he would like to know if the trailer will be removed if this is approved. 

     Chris Culberson, 1311 Boyer St., addressed the Board to state he lives 100 yards from the proposed site.  He stated there are no trailers in this neighborhood.  He submitted a Petition, as shown on page ________, from 18 neighbors citing they are against the placement of this mobile home.  He stated he doesn’t see how she is going to hide a 10 x 50 mobile home on the property when you can see everything that goes on there.  He said she is only 120 days away from a certificate of occupancy and they are just now starting to construct the second floor.  He is concerned that if the mobile home is approved she is going to ask the Board for an extension. 

     Marylyn Joy, 339 Beach Ave., addressed the Board to state she lives next door to the proposed site.  She stated she took photographs (received and filed) from her swimming pool where her property backs into her fence.  She said she has lived there for two years and it is still the same.  She displayed copies of photographs (received and filed) showing equipment and vehicles on the property.  She stated if the trailer is approved, Ms. Giroux will never finish the house and everything will stay the same.  She said the two sheds on the property have been cited with illegal placement without a permit.  This has been going on too long and she has been way too patient.

     District Commissioner Henley recommended upholding the Board of Adjustment’s denial.

     Ms. Giroux stated the photograph that Ms. Joy displayed is a different parcel of land.  She stated there is a wall of brush that will hide the trailer and you cannot see through it.  The construction has been put off due to the complicated roofing system and it will be another week before they can get started on that.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Morris, seconded by Commissioner Carey to uphold the Board of Adjustment’s denial for a special exception for the one-year placement of a mobile home/construction trailer in the A-1 (Agriculture District) while a single-family home is under construction located at 331 Beach Avenue, Longwood, Florida, as described in the proof of publication, Bonnie Giroux, Decision of Appeal, as shown on page ________.

     Under discussion and upon inquiry by Commissioner Carey, Chairman Henley advised staff will check into the code violations in the area. 

     Upon inquiry by Commissioner Morris, Chairman Henley advised he has driven through the neighborhood and most of the vehicles were recreational.

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

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:35 p.m., this same date.

 

 

 

ATTEST:______________________Clerk_____________________Chairman

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