BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
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, October 12, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor Ron Williams, Palmetto Ave. Baptist Church, Sanford, gave the Invocation.
Commissioner Van Der Weide led the Pledge of Allegiance.
The Chairman recessed the meeting at 9:35 a.m. in order to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency; and reconvened the BCC meeting at 9:42 a.m. this same date.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-177, as shown on page ________, commending the Purchasing and Contracts Division for its 2004 Achievement of Excellence in Procurement Award by the National Purchasing Institute (NPI).
Districts 1, 2, 3, 4 and 5 voted AYE.
Ray Hooper, Purchasing Manager, addressed the Board to express his appreciation for the award. He quoted a portion of the letter that was sent from the National Purchasing Institute, Inc.
Chairman McLain informed the Board that Item #10, Approve Sole Source Procurement for M-460-04, has been pulled from the agenda.
Kevin Grace, County Manager, addressed the Board to request that Item #4, Approve Budget Amendment Request in the amount of $9,900,000, be pulled for a separate vote.
Commissioner Henley explained why Item #10 was pulled from the agenda.
Denny Gibbs, Development Review, and Jerry McCollum, County Engineer, addressed the Board to answer questions for Commissioner Morris relating to Item #16, request for Resolution vacating and abandoning cross access easement, Charles Skinner, Trustee.
Commissioner Morris recommended that an explanation of what the development trends are be included in the backup information.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize and approve the following:
5. Approve Change Order #1, as shown on page
_________, to CC-1228-04/TLR – Greenwood Lakes WWTF Master Pump Station
Upgrades Mechanical Screens with Wharton-Smith, Inc., Lake Monroe ($39,900.00).
6. Approve Ranking List, Authorize Negotiations, and
Award PS-5165-04/AJR, Master Agreement for Continuing Professional Services;
award Master Agreements as shown on page ________, to the following six
firms: HDR Engineering, Inc., of
Orlando; Inwood Consulting Engineers, Inc., of Oviedo; Keith & Schnars,
P.A., of Altamonte Springs; Metric Engineering, Inc., of Winter Park;
Professional Engineering Consultants, Inc., of Orlando; and WBQ Design &
Engineering, Inc., of Orlando.
7. Approve Ranking List, Authorize Negotiations, and
Award Agreement, as shown on page ________, for PS-5168-04/TLR – Engineering
Services for Reclaimed Discharge Main from the Yankee Lake Regional Water
Reclamation Facility. (Not-to-Exceed
$200,000.00).
8. Approve
Amendment #3, as shown on page ________, to PS-527-98/BJC – Construction
Engineering and Inspection Services to C.R. 427 – Phase I, with Earth Tech
Consulting, Inc., Orlando ($79,491.09), and authorize County Manager to
execute.
9. Approve Amendment #7, as shown on page
________, to BD-260-01/BJC – HVAC Maintenance and Repair Agreement, with The
Trane Company, Orlando ($106,265.32), and authorize County Manager to execute.
10. Pulled from Agenda request to Approve Sole Source Procurement
M-460-04/DRS and authorize the issuance of a Miscellaneous Agreement for
Socio-Economic Data Estimating and Projections – County/Regional Level, to Real
Estate Research Consults, Inc. of Orlando.
(Estimated $100,000.00 per year).
11. Approve
Sole Source Procurement M-461-04/DRS and authorize the issuance of a
Miscellaneous Agreement, as shown on page ________, for Socio-Economic Data
Estimating and Projections – City/County Level, to Urban Dynamics Corporation,
Inc. of Neptune Beach. (Estimated
$100,000.00 per year), and authorize County Manager to execute.
12. In accordance with the Seminole County
Code, Section 220.41 Emergency Procurement; a report listing all emergency
purchases exceeding the mandatory competitive bid limit ($25,000) that was
waived because of an emergency shall be submitted to the Board. As of September 28, 2004, the identified
Emergency procurements over $25,000 were issued in the amount of $448,562.07.
13. Report
of an Emergency Purchase Order (EPO) to replace diesel piping at the Five
Points Fuel Island, with Guardian Fueling Technologies, Inc., Sanford, FL
($70,000.00).
14. Report
of an Emergency Purchase Order (EPO) to interconnect piping from Yankee Lake
reclaimed system to Greenwood Lakes reclaimed system due to a lightning strike,
with Sunshine Building & Development Corp., Casselberry, FL ($36,490.97).
16. Adopt
appropriate Resolution #2004-R-179, as shown on page _________, vacating and
abandoning a cross access easement located on Lot 3 and Lot 4 at Willa Springs
Commercial Center Phase Two-A, (Charles B. Skinner, Trustee, Lot 3 and
co-applicant Charles W. Clayton, Jr., Trustee for Lot 4).
17. Approve
and authorize Chairman to execute Final Plat for Ellington Estates containing
30 single family lots zoned R-1AA on 18.7 acres located on the west side of
S.R. 434, north of Artesia Street and east of Shangri La Lane, 0.8 mile east of
SR 417 (Sandra Bierly/Acorn Development Company).
18. Approve
and authorize Chairman to execute Final Plat for Talman Mews subdivision
comprised of eight single family lots on 5.1 acres zoned R1-AAA and R-1AAAA
located on the north side of Gabriella Lane and west of Tuskawilla Road (Talman
Mews, LLC).
22. Approve
and authorize Chairman to execute the Interlocal Utility Construction
Agreement, as shown on page ________, with the City of Sanford for utility
construction of the City’s water, sewer and reclaimed water lines on East Lake
Mary Boulevard between the Airport Entrance Road and the intersection of State
Road 46.
23. Approve
and authorize Chairman to execute the Jurisdictional Transfer, as shown on page
________, of County Roadways (White Cedar Road and Church Street) with the City
of Sanford Agreement.
25. Approve release of Road Maintenance Bonds as
follows: #B21847371 in the amount of
$14,951.70 for the project known as Lake Forest Section 10B; Road
Maintenance Bond #700-81-22-5426 in the amount of $15,538.50 for the Reinhart
Road ROW Sam’s Site; and Road Maintenance Bond #78530658 in the amount of $16,021.00
for Bentley Cove.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Mr. Grace presented request to approve Budget Amendment Requests – Hurricane Related Debris Removal BAR FY 03/04, $9,900,000 and BAR FY 04/05, $20,130,000. He stated this sets up the budget for the cash flow needs for debris removal costs. It uses the General Fund Reserves, Transportation Trust Fund and Solid Waste Reserves to get the budget in a situation where it reflects what they are actually doing in paying these bills. It is not the final allocation of what the cost will be. The President approved the Federal Government will pay 90%. The Governor is proposing that the State will pay 5% and local governments will pay 5%. Based on that, he feels the County’s worst-case scenario has dropped from $15 million to about a 5 to 7 range. This is a significant improvement of the County’s impact.
Upon inquiry by Commissioner Maloy, Mr. Grace advised Sunday, October 10, will not be the last day for pickup of hurricane debris, but it will be the beginning of the last pickup. He stated the residents must have the debris on the curb by the 10th in order for it to be picked up.
Commissioner Maloy stated he feels there should be additional notification or signage in the neighborhoods letting them know that is the last pick up.
Mr. Grace stated the property owners would be responsible for removing debris if it is not storm related. Discussion ensued.
Commissioner Henley stated in his area, Florida Power and Progress Energy have cut down seven oak trees and left them laying in his neighbor’s yard. They were cut up but were not hauled away.
Mr. Grace stated the power company is responsible for hauling the trees away. He stated staff would contact them to let them know.
Commissioner Morris stated Florida Power is going on the County’s right-of-way or on private properties to cut down trees instead of trimming, and they do not have the right to do that.
Commissioner Van Der Weide stated he feels the County’s requirement of where the trees should be planted is partially the problem. He stated after the trees are planted and grown, they are going to be growing into the power lines and areas they shouldn’t be. He said after the power company gets done trimming, the property owner is tempted to cut the whole thing down. He added he feels the County can come up with something that is equally as nice and it wouldn’t grow as tall.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Budget Amendment Resolution #2004-R-178, as shown on page ________, in the amount of $9,900,000 Hurricane Related Debris Removal BAR FY 03/04; and Budget Amendment Resolution #2004-R-182, as shown on page _________, in the amount of $20,130,000 Hurricane Related Debris Removal BAR FY 04/05. This amendment establishes budget authority for the payment of debris removal costs associated with Hurricanes Charley, Francis and Jeanne.
Under discussion and upon inquiry by Commissioner Henley, Mr. Grace advised staff is basically using this on a cash flow basis. He stated staff recently sent the first reimbursement request in for $5 million.
Patty Comings, Budget Manager, addressed the Board to state staff is anticipating reimbursement within a two-month time period. She stated they are submitting additional project work sheets for $700,000 that addresses staff’s time and equipment during the first storm. She stated they will also be submitting another project work sheet next week in the amount of $4.7 million for the debris removal process. They are anticipating receiving all of those revenues within a 60-day time period.
Commissioner Henley stated staff needs to look at that very closely because the County may have other emergencies that may come up in this interim.
Ms. Comings stated they are retaining $15 million total reserves. Staff is maintaining $5 million reserves in the General Fund.
Upon inquiry by Commissioner Morris, Sally Sherman, Deputy County Manager, addressed the Board to state she anticipates within the next month getting the parks cleaned up.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Morris to authorize and approve the following:
CLERK’S OFFICE
26. Expenditure Approval List, as shown on page _______, dated September 20, 2004.
27. Chairman to execute
the following Satisfactions of Judgment/Court Costs:
Dennis E. Alebord,
Case #02-4196-CFA - $352.65
Timothy Z. Miller,
Case #97-1254-CFA - $253
Jeremy Newton, Case
#99-1306-CFD - $40 Affidavit of Indigency Fee
Jeremy Newton, Case
#99-1306-CFD - $328
Santiago Pena, Jr.,
Case #00-3537-CFA - $40 Affidavit of Indigency Fee
Samuel Rizzo, Case
#01-3195-CFA - $40 Affidavit of Indigency Fee
28. Approval of BCC Minutes dated September 2 & 14, 2004.
29. Noted, for information only, the following Clerk’s received and filed:
1. Executive Order #2004-10, as shown on page ________, Declaring State of Local Emergency relative to Hurricane Jeanne.
2. Facsimile Transmittal to County Manager’s Office from Public Safety submitting copies of the following: Executive Order #2004-10 Declaring State of Local Emergency; #2004-11 regarding Mandatory Evacuation; #2004-12 Imposing Curfew in Areas of Mandatory Evacuation; #2004-13 Imposing Countywide Curfew; and #2004-14 Extending Countywide Curfew relative to Hurricane Jeanne, as shown on page ________.
3. Notice of Commission Hearing and Prehearing to BellSouth Telecommunications, Inc. FDN Communications & All Other Interested Persons regarding Complaint of Florida Digital Network, Inc.
4. Notice of Commission Hearing and Prehearing Conference to Progress Energy Florida, Inc. and All Other Interested Persons relating to Petition for Determination of Need for Hines 4 Power Plant.
5. Notice of Commission Hearing and Prehearing Conference to All Investor-owned Electric and Gas Utilities and All Other Interested Persons relating to Cost Recovery and Adjustment.
6. Notice of Cancellation of Hearing to KMC Telecom III LLC; KMC Telecom V, Inc.; KMC Data LLC; Sprint-Florida, Inc. and All Other Interested Persons relating to Petition of KMC Telecom III.
7. Letters to Maryanne Morse, Clerk of Circuit Court, from Sara Mijares, City Clerk, City of Longwood, enclosing 12 annexation ordinances.
8. Resolution #2004-R-50, as shown on page ________, commending Gary Monsees for his services on the Parks & Recreation Advisory Committee.
9. Performance Bond #SU-5006478, as shown on page ________, for the project known as Addison Place-Dike Road.
10. Title Opinion, as shown on page _______, for Hester Oaks Subdivision.
11. Work Order #1, as shown on page ________, to PS-5137-03.
12. Work Order #17, as shown on page ________, to PS-5120-02.
13. Work Order #23, as shown on page ________, to PS-586-01.
14. Work Order #1, as shown on page ________, to PS-5153-03.
15. Work Order #2, as shown on page ________, to PS-5138-03.
16. Trail Easements, as shown on page ________, with Henry Schumacher, Jr. & Ann Esterson and Lake Jessup Woods Partnership.
17. Quit Claim Deed and Utility Easement, as shown on page ________, with Lakeview at Heathrow LLC.
18. Recorded Proof of Publication and Resolution #2002-R-122, as shown on page _________, vacating & abandoning right-of-way, Shutts & Bowen, adopted by the BCC on July 23, 2002.
19. Recorded Proof of Publication and Resolution #2002-R-129, as shown on page ________, vacating and abandoning a plat, Shutts & Bowen, adopted by the BCC on August 13, 2002.
20. Memorandum to BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfer, $42,011, Northwestern Ave.
21. Second Amendment, as shown on page ________, to IFB-3079-03.
22. Bids as follows: 4225-04 and PS-5166-04, as shown on page ________.
30. Approve and
authorize Chairman to sign and accept the Gang Resistance Education and
Training (GREAT) award, as shown on page ________, in the amount of $79,097
from the U.S. Department of Justice to the Sheriff’s Office to administer,
present, and deliver the Gang Resistance Education and Training; and adopt
appropriate Budget Amendment Resolution #2004-R-183, as shown on page _______,
to process the corresponding adjustment to the Sheriff’s Office budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sally Sherman, Deputy County Manager, stated staff is seeking Board’s direction with regard to the County’s Legislative Program for the 2005 Session. She pointed out the hurricanes will have an impact on the session. It is not yet known how the Presidential election will impact the session. She informed the Board of the following key dates: Seminole County Delegation - December 6, 2004; Special Session – December 11, 2004; Seminole County Day – February, 2005 (No specific day is set yet); and Regular Session begins March 8, 2005 and ends May 6, 2005. She referred to Page 3 and reviewed the proposed Legislative issues that will be discussed.
Upon inquiry by Commissioner Henley, Ms. Sherman advised she has not had an opportunity to set priorities for these issues.
Mr. Grace stated staff needs to get input on that from the Board as soon as possible.
Commissioner Van Der Weide stated he feels that some of these items need to be regrouped as a regional issue. He stated if they don’t have much of a priority, it could be a real problem.
Commissioner Henley asked if Commissioner Van Der Weide is suggesting having a regional priority list and a County priority list.
Commissioner Van Der Weide stated he feels that would be a good idea.
Ms. Sherman referred to Page 4 and continued by reviewing the funding requests for road projects.
Upon inquiry by Chairman McLain, Jerry McCollum, County Engineer, advised the $2.5 million for SR 46 – Expand to 4 lanes, should be for the design cost and not the construction cost.
Ms. Sherman, Mr. Grace, and Mr. McCollum discussed with Commissioner Morris the issue of 4-laning SR 46A to I-95 and why I-4/Greeneway Interchange is on the hurricane evacuation list.
Ms. Sherman informed the Board that on Page 12, Item 4b, SR 46A should read SR 46. She referred to page 8 and reviewed the 2005 Legislative monitoring issues.
At the request of Chairman McLain, Mr. Grace reviewed the status of the Trauma Center.
Ms. Sherman concluded by reviewing the monitoring issue of Games of Chance. She stated she received a call from Representative Johnson indicating that he is in opposition to Amendment IV. She said Representative Johnson is against this amendment for two reasons: one is it takes a vacation destination from Central Florida to the southern end of the State, and the quality of life issue. She added Osceola County BCC, at their emergency meeting, agreed to put up $200,000 towards an ad campaign to speak against this amendment. She stated Representative Johnson is also discussing this issue with Orange County and the City of Orlando. She said he is seeking input from Seminole County as to whether they will pledge money in this ad campaign. Staff has identified three options, one is not to support the initiative at all, support the initiative with no funding, or support the initiative in the amount up to $20,000.
Commissioner Morris stated the County’s tourist related monies are not significant and these revenues are fairly minimal. He stated if they use anything, then the bed tax should be used. The Board has been very cautious on spending money on such things and that is one thing that concerns him. He suggested the Board approve a resolution supporting this initiative but oppose the ballot issue.
Ms. Sherman explained how this relates to the County’s tourism dollars.
Chairman McLain stated Representative Johnson has asked the County to support this. He stated he doesn’t see a problem if they consider what the actual matching percentage of the County’s tourism monies is versus what Osceola County is paying.
Commissioner Henley stated the citizens took a stand a few years ago in opposition to this. He stated he would recommend adopting a resolution supporting Representative Johnson’s efforts on this amendment and to authorize up to $10,000 for the ad campaign.
Mr. McMillan asked if the monies will come out of the Tourist Development funds.
Ms. Sherman stated that is her understanding and she was going to put a caveat to make sure they can use these funds.
Commissioner Morris stated he fully supports the resolution, but not the financial aspect.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-180, as shown on page ________, opposing Amendment #4 on the November 2 Ballot and authorize the Chairman to execute a letter supporting Representative Johnson’s efforts for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve up to $8,000 to be taken out of the TDC funds, assuming it is a legal use of the monies for a campaign against Amendment #4.
Under discussion, Commissioner Maloy stated he would recommend getting a legal opinion on this.
Mr. McMillan stated he would have to review this and get back to the Board.
Districts 3, 4 and 5 voted AYE.
Commissioners Maloy and Morris voted NAY.
Ms. Sherman continued by reviewing the FEMA hurricane related issues relating to Flood Mitigation Projects, other Funding requests submitted to NRCS/USDA, New Funding Requests and Hurricane Evacuations route projects.
Commissioner Henley stated he doesn’t know how successful they will be with FEMA. He stated he would like the Board to revisit this list to see what they can do locally to meet these needs in the event that they don’t get federal support. He said he feels they may want to revisit their budget to adjust some monies to take care of these issues.
Chairman McLain stated with some of these costs, based on the properties affected, the cost analysis may be way out of line. The Board might want to use those monies to impact more people.
Commissioner Henley stated maybe the Board may want to do some site visits.
Upon inquiry by Chairman McLain, Ms. Sherman advised staff will probably have another report by the next meeting; if not, it will be the first meeting in November.
Chairman McLain recessed the meeting at 10:29 a.m., reconvening at 10:42 a.m., with all Board members present.
William McDermott, Economic Development, addressed the Board to present request to approve a Jobs Growth Incentive Agreement with Aero Products Corporation d/b/a American LaFrance MedicMaster in the amount of $18,000, as outlined in the Agenda Memorandum. He referred to two corrections. One is the capital investment figure may go up or go down due to a change of a new president, and the other is the average salary range would be $38,650. He stated the City of Sanford has agreed to participate in the expansion and has approved an incentive equal to the County.
Commissioner Henley stated he spoke to Mr. McDermott yesterday and he informed him that Aero Products is only renovating their facility.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to execute a Jobs Growth Incentive Agreement, as shown on page _______, with Aero Products Corporation d/b/a American LaFrance MedicMaster in the amount of $18,000 to modify 11,250 sq. ft. of existing warehouse space to accommodate for a new service center.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to execute Interlocal Agreement, as shown on page ________, with the City of Sanford for their participation in the Job Growth Incentive Award for Aero Products Corp.
Districts 1, 2, 3, 4 and 5 voted AYE.
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David Medley, Community Services, addressed the Board to request Board recommendation of the Community Service Agency (C.S.A.) Partnership Grant funds in the amount of $1,130,633 and authorize the Chairman to execute contracts with approved agencies. He introduced those members who have worked on this project. He stated there were 39 agencies interested in the program and 29 agencies submitted an application. Staff is recommending funding for 20 of those agencies.
Mr. Medley explained for Commissioner Maloy what the time frame is with the intent and the final numbers.
At the request of Chairman McLain, Mr. Medley explained why they did not recommend funding for the YMCA.
Chairman McLain stated he has been out of town and he has not had a chance to review the recommendations.
Commissioner Henley stated he went over the data with Mr. Medley and it is quite extensive. He stated the primary issues that he looks at are how are they funded, how many clients do they serve, and how the committee scores them. The changes made in the process have been very positive and the recording system has greatly improved over what they used to have. The one thing that concerns him is the County has been supporting these organizations for so long and the County has become the major supporter. It looks like some of these organizations are not making the effort of getting private funding. The County sent letters to these organizations several years ago dealing with this issue. He stated the County needs to encourage them to seek private support and not depend on local government as the number of requests is increasing every year.
Upon inquiry by Chairman McLain, Mr. Medley advised this request could be brought back at a later date. He stated the sooner the decision is made, staff can submit the contracts to the agencies so they can receive their funds. It will be retroactive to October.
Commissioner Morris stated there are great concerns with regard to the agencies’ ability to raise money due to the hurricanes. He stated the County has had these on the 5% cut list and based upon the information they received from Mr. Grace, it would appear that would relieve them of that pain.
Mr. Medley stated staff could deal with it contractually if a 5% is recommended. There is already some language in the contracts that will allow them to do that once the amount is approved.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue to October 26, 2004, request to approve distribution of the Community Service Agency Partnership Grant funds in the amount of $1,130,633.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ray Hooper, Purchasing Manager, addressed the Board to authorize the Board to select the most qualified firm to provide State Legislative and Government Liaison Services to Seminole County Government. He stated there were two submittals and the Qualification Committee has determined that both firms are qualified.
Upon inquiry by Commissioner Maloy, Mr. Hooper advised information on both submittals were given to the Board about three weeks ago.
Chairman McLain recommended bringing this item back at the 1:30 p.m. session to allow the Board members time to review the submittals further.
Upon inquiry by Commissioner Morris, Mr. Grace advised the proposal is a three-year contract and based on one-year renewals.
The Chairman recessed the meeting at 11:03 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
Purchasing Manager, Ray Hooper, advised that with regard to Item #35, State Legislative and Government Liaison Services, the previous contract was for a monthly fee of $5,000.
County Attorney Robert McMillan advised the previous contract with Brantley and Associates was a negotiated contract. The term was for three years with two one-year renewals.
Chairman McLain stated that he has been very satisfied with the services of Brantley & Associates and he sees no reason to change.
Motion by Commissioner Morris to award RFP-4225-04/DRS to Brantley & Associates, Inc., Tallahassee, for State Legislative and Governmental Liaison Services for Seminole County Government; and authorize execution of Contract, as shown on page _______.
The Chairman surrendered the gavel to the Vice Chairman in order to second the motion.
The motion, duly seconded, was voted upon and carried with Districts 1, 2, 3, 4 and 5 voting AYE.
Commissioner Henley stated he would like to see the liaison get more involved in researching grants available to the County.
The gavel was returned to Commissioner McLain who assumed the position of Chairman.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised of a request to continue Item #40, Appeal of the Board of Adjustment, Micah Savell, Trinity Capitol LTD, until October 26, 2004.
District Commissioner Maloy advised there is ongoing litigation regarding this matter and he supports a continuance until October 26, 2004. The Board voiced no objections to continuing this public hearing at tonight’s meeting.
Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from Low Density Residential (LDR) to Office to permit office development on 3.7 acres located on the east side of Alafaya Trail between Beasley Road and Lake Hayes Road, Seminole County Board of County Commissioners, received and filed.
Planner, Tina Deater, addressed the Board to present the request, advising earlier in the year the District Commissioner and Board advised staff of nine parcels along the east side of Alafaya Trail with Low Density Residential future land use that, due to the widening of the road, may no longer be practical. The land totals 3.7 acres. At that time, the Board directed staff to contact the property owners and bring forward a plan amendment proposal to change the land use designation to Office. She stated the affected property owners did not object to the proposed land use. Therefore, staff recommends approval of the proposed amendment to Office.
No one spoke in support or in opposition.
District Commissioner Maloy recommended approval.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2004-40, as shown on page _______, approving Small Scale Land Use Amendment from Low Density Residential (LDR) to Office to permit office development on 3.7 acres located on the east side of Alafaya Trail between Beasley Road and Lake Hayes Road, as described in the proof of publication, Seminole County Board of County Commissioners.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONE FROM A-1 TO C-2,
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) and C-2 (Retail Commercial District) to CN (Neighborhood Commercial District) on approximately 3.47 acres located on the north side of Country Club Road approximately 305 feet east of Airport Boulevard, Ellen H. Franklin/Ruth Key, received and filed.
Planner, Tina Deater, presented the request, advising staff recommends approval.
No one spoke in support or in opposition.
District Commissioner McLain recommended approval.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #2004-41, as shown on page _______, granting rezoning from A-1 (Agriculture District) and C-2 (Retail Commercial District) to CN (Neighborhood Commercial District) on approximately 3.47 acres located on the north side of Country Club Road approximately 305 feet east of Airport Boulevard, as described in the proof of publication, Ellen H. Franklin/Ruth Key.
Districts 1, 2, 3, 4 and 5 voted AYE.
VACATE & ABANDONMENT,
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the public rights-of-way of Pearl Avenue and Lake Street consisting of 103,323.48 square feet (2.37 acres) located on the Seminole Wekiva Trail and the west side of Orange Boulevard, Richard E. & Charlotte P. Gauss, Mari Vogel, & Bernard E. & Joe Lynn Hart, received and filed.
Planner Cynthia Sweet addressed the Board to advise the rights-of-way are surrounded by the property boundaries of the applicants with only a small portion of Pearl Avenue opened. Pearl Avenue is not developed to County standards and not used by the general public. She further advised a large percentage of the property is in a depressional status and is of no use to the County or the public. The applicants have provided letters from the applicable utility companies stating no objections and have voluntarily donated 20’ of their property to the County for future road improvements on Orange Boulevard. Therefore, staff recommends approval of the request.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2004-R-181, as shown on page _______, vacating and abandoning a portion of the public rights-of-way of Pearl Avenue and Lake Street consisting of 103,323.48 square feet (2.37 acres) located on the Seminole Wekiva Trail and the west side of Orange Boulevard, as described in the proof of publication, Richard E. & Charlotte P. Gauss, Mari Vogel, & Bernard E. & Joe Lynn Hart.
Districts 1, 2, 3, 4 and 5 voted AYE.
No report.
Commissioner Morris expressed his appreciation to the Board and the public for their thoughts and well wishes concerning his son’s accident and reported he is doing well.
The following Communications
and/or Reports were received and filed:
1. Letter dated 9/20/04 (with attachment) to Chairman McLain from Anthony J. Schembri, FL Dept. of Juvenile Justice, re: cost sharing of juvenile detention. (cc: BCC, County Managers, County Attorney, Community Services Director, Probation Manager)
2. Notice of 10/5/04 Rescheduled Public Information Workshop re: North Street (from I-4 to Palm Springs Dr., Longwood) Proposed Sidewalk Improvements.
3. Copy of letter dated 9/23/04 (with attachment) to Gov. Jeb Bush from Kirby Green, SJRWMD, re: SJRWMD FY 2004-05 Final Budget. (cc: BCC, County Managers)
4. Form letter dated 9/28/04 to Seminole County Homeowners from Community Resources Division re: grants of up to $10,000 to eligible homeowners for hurricane home insurance deductibles and/or hurricane related home repairs.
5. Minutes of 9/16/04 Seminole County Public Safety Coordinating Council.
6. Notice of 10/4/04 Longwood City Commission Meeting Agenda.
7. Notice of 10/6/04 Sanford Community Redevelopment Agency (CRA) meeting.
8. School Board of Seminole County Highlights for 10/5/04 School Board meeting.
9. Memorandum dated 9/28/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $171,875, as the C.S. Lee Park and Mullet Lake Park projects will not be completed this year.
10. Parks & Recreation Contracts, as shown on page ________, for Services with David Hernandez (Tennis Instructor); and Kevin L. Mercuri (Slow-pitch Softball Umpire).
11. Memorandum dated 10/1/04 (with attachment) to BCC from Lynn Meek, FL Sheriffs Assoc., re: Awards for Sheriffs’ Offices Cooperative Bid #04-12-0823 for Pursuit, Administrative Non-Pursuit, and Utility Vehicles; Trucks and Vans; and Other Fleet Equipment.
12. Memorandum dated 10/1/04 (with attachment) to BCC from Lynn Meek, FL Sheriffs Assoc., re: Awards for Participating Law Enforcement of the State of Florida Cooperative Bid #04-05-0824 for Fire/Rescue & Other Fleet Equipment.
13. Fax dated 10/1/04 to Kevin Grace, County Manager, from Robert Cortes, Cortes Towing Service, re: review of County Ordinance #2000-19, Towing Services.
14. Notice of 10/21/04 City of Lake Mary Public Hearing-rezone re: property north of Lake Mary Blvd./south of Lakeview Ave./east of 4th St./west of Country Club Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
15. Memorandum dated 9/28/04 to Chairman McLain from Eloise Sahlstrom, City of Winter Springs, re: Annexation Study Area Report. (cc: BCC, County Managers, Planning Manager, County Attorney)
16. Letter dated 9/30/04 (with attachment) to Chairman McLain from D. Ray Eubanks, FL Dept. of Community Affairs, re: comp plan amendments Seminole County #04-2 and DCA #04-2. (cc: BCC, County Managers, Planning Manager)
17. Memorandum dated 9/23/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Financial Implications of Hurricanes on Seminole County.
18. Copy of letter dated 9/30/04 (with attachment) to Ray Valdes, Tax Collector, from Cathy Collins, FL Dept. of Revenue, re: final Tax Collector budget for FY 2004-05. (cc: BCC, County Managers)
19. Letter dated 10/1/04 to Chairman McLain from Tricia Johnson, ORHC, re: breast cancer awareness program, Pink October.
20. Copy of letter dated 9/29/04 to Seminole County Public Works from Frank Clarke, Clarke Mosquito Control, re: County’s mosquito abatement program.
21. Mail-out from The Sustainable Communities Advisory Council, Oviedo, FL re: Home Rule Charter Amendment Information (Annexation).
22. Copy of letter dated 10/5/04 to President George W. Bush from FL Governor Jeb Bush re: Florida Hurricane Disaster Declarations cost share adjustments.
23. Notice of 10/18/04 City of Winter Springs public hearing-annexation re: 1740 Deleon St. (cc: BCC, County Managers, Planning Manager, County Attorney, Property Appraiser, Elections Supervisor)
24. Fax dated 10/5/04 to BCC from Tom D’Aprile, Charlotte County BCC, re: collective solicitation of additional financial assistance from state and federal governments following hurricane damage throughout the state.
25. Seminole County Convention & Visitors Bureau (SCC&VB) Hotel Occupancy Report for September 2004.
26. Notice of 10/21/04 Tri-County League of Cities meeting.
27. Copy of letter dated 10/8/04 to Brownie Girl Scout Troop #3063, Winter Springs, from Jane Peterson, Library Services Manager, re: appreciation of donation to East Branch Library.
28. Letter dated 10/6/04 (with attachment) to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Board of County Commissioners 2004 Final Certification of Taxable Value.
29. Letter dated 10/6/04 (with attachment) to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Fire District (Unincorporated & Altamonte Springs) 2004 Final Certification of Taxable Value.
30. Letter dated 10/6/04 (with attachment) to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Road Improvement District 2004 Final Certification of Taxable Value.
31. Letter dated 10/6/04 (with attachment) to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Unincorporated Stormwater Management 2004 Final Certification of Taxable Value.
32. Property Appraiser 2004 Final Taxable Value & Increment Value reports for: Seminole County Community Redevelopment Areas (CRA); City of Altamonte Springs Community Redevelopment Areas; City of Casselberry Community Redevelopment Areas; City of Lake Mary Community Redevelopment Areas; City of Sanford Community Redevelopment Areas; and City of Winter Springs Community Redevelopment Areas.
County Manager, Kevin Grace, requested Board direction on six positions he is recommending to be excluded from the hiring freeze. Copy of Memorandum from Mr. Grace dated October 7, 2004 was received and filed. He stated these six positions are related to the change in the temporary employee policy during the past year. He said these positions are filled, the individuals are already working for the County and were going to be reclassified on October 1 from temporary status to a permanent status. The positions include the following: Community Information Coordinator, Community Services Department Staff Assistant, Community Services Department Associate Technician, and three Information Technologies Senior Technicians.
Upon inquiry by Commissioner Morris, Mr. Grace stated he does not believe the hiring freeze is as essential as it was two months ago. He added that he suspects in a month or so, he will be back to the Board to ask that they eliminate the freeze.
Upon inquiry by Commissioner Henley, Mr. Grace stated he would come back to the Board for approval if he feels any of the temporary positions are needed.
Commissioner Henley stated he also wants to have the temporary/permanent positions policy finalized by the Board. He said that there is a long list of vacant positions with some of them being vacant since February and he wonders if they need to keep money budgeted for all of them. He further said he voted against the budget and one of the reasons was the number of new hires included in it. He added he feels they need to slow down the growth of government.
Commissioner Morris suggested having the Board more involved upfront with the budget, rather than waiting until June.
Mr. Grace stated he would like to have some goal-setting discussions with the Board after the first of the year (in January) and prior to staff preparing the budget.
Commissioner Van Der Weide expressed his concern with freezing the vacant Veterans Services Coordinator position.
Commissioner Morris stated he would support adding the Veterans Services Coordinator to the six positions recommended by the County Manager and excluding them from the freeze.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to remove the following positions from the hiring freeze and approve transferring them to the budget: Community Information Coordinator, Community Services Department Staff Assistant, Community Services Department Associate Technician, three Information Technologies Senior Technicians, and Veterans Services Coordinator.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
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Mr. Grace requested direction on the brochure regarding the Rural Area Charter Amendment. Brochures were received and filed.
The Board, by unanimous consensus, selected the green brochure to be mailed out.
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Mr. Grace advised the previous cost estimate for the information program for the Rural Area Charter Amendment did not include postage. The new cost, including postage, is $62,970. Copy of budget for same was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize an expenditure in the amount of $62,970 for the public information program for the proposed Rural Area Charter Amendment.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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Mr. Grace advised the County has gotten their first invoice in the amount of $170,000 concerning the Department of Juvenile Justice issue and FAC is recommending it not be paid at this time. He stated there is another hearing scheduled in the next 30 days. He also recommended holding off on paying the invoice until November so they can have a better understanding of what is going on.
The Board, by unanimous consensus, agreed to take no action on the invoice until the first meeting in November.
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Mr. Grace asked for Board direction on the scheduling of BCC meetings for the remainder of the year. He explained that according to the Administrative Code, new Commissioners are sworn in and seated during the third meeting in November. Because Commissioner Henley will be on vacation and not in attendance, he suggested the Board might want to hold the meeting on November 23, 2004 for the seating and reorganization.
County Attorney, Robert McMillan, clarified that the new Commissioners, per State law, will assume their positions on November 16 anyway; but the swearing-in ceremony could be delayed until November 23.
Mr. Grace also advised that the 23rd is two days before Thanksgiving and asked if the Board wanted to have a full-blown meeting or just a meeting for the swearing-in.
Commissioner Morris suggested sending out invitations to the swearing-in ceremony.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize canceling the BCC meeting for November 16, 2004; and to direct that seating of new Commissioners will be done at the November 23, 2004 BCC meeting at 1:30 p.m., with that meeting not to be a full meeting of the BCC (swearing-in ceremony only).
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board, by unanimous consensus, directed that there be only one BCC meeting in December.
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Mr. Grace stated that since the reorganization of the Board will not occur until November 23, a motion is needed to appoint an interim, acting chairman in order that payroll and documents can be executed.
Hearing no nominations, the Chairman surrendered the gavel to the Vice Chairman in order to offer a motion.
Motion by Commissioner McLain to nominate Commissioner Randy Morris to serve as Interim/Acting Chairman of the Board of County Commissioners for the period of November 16, 2004 to November 23, 2004.
Vice Chairman Maloy stated no second is required to the motion to nominate the chairman; therefore, he called for the vote.
Districts 1, 2, 3, 4 and 5 voted AYE.
The gavel was returned to Commissioner McLain who assumed the position of Chairman.
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Planning Manager, Matt West, addressed the Board to advise of a request from the City of Lake Mary for the County to join in a rezoning application for County property surrounding the City Hall. He advised the City wishes to construct a clock tower and the property that is currently zoned R-1A needs to be rezoned to DC.
Juan Omana, City Planner, addressed the Board to briefly discuss the request.
Chairman McLain questioned if the City would have any interest in acquiring the property if the County were to surplus it. Whereupon, Mr. Omana stated he would have to obtain City Commission direction on that.
County Attorney, Robert McMillan, stated he needs to research the Interlocal Agreement with the City and discuss this with the County Engineer because the property might be related to the Lake Mary Boulevard road widening project.
Chairman McLain stated he would recommend the Board’s approval to sign the rezoning application and have staff review the possibility of surplusing the property.
Mr. McMillan stated he will review the Interlocal and bring this back at this evening’s meeting.
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Mr. Grace advised Seminole County has been designated a Disaster Food Stamp County. He stated the program will commence today and will continue until October 16 at the Sanford Plaza.
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The Chairman recessed the meeting at 2:35 p.m. reconvening at 7:00 p.m. with all Commissioners and all Other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Continuation of a public hearing from September 28, 2004, to consider appeal of the Board of Adjustment’s decision to deny a request for a special exception to establish gasoline pumps as an accessory use to a convenience store in the PUD (Planned Unit Development District) located on the southeast corner of the intersection of Tuskawilla Road and SR 426; as described in the proof of publication, Micah Savell, Trinity Capitol, LTD.
Chairman McLain advised staff received a request (copy of fax received and filed) from the applicant to continue this hearing to October 26, 2004, 7:00 p.m. The Board decided this afternoon to consider a continuance of this item.
Matt West, Planning Manager, addressed the Board to state a couple is in the audience for this item and he explained to them the request for continuance had been received. Mr. West said the applicant wishes to have his attorney speak with the County Attorney and he wanted more time to talk about the legal issues.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to continue for two weeks to October 26, 2004, 7:00 p.m., or as soon thereafter as possible, the Appeal of the Board of Adjustment’s decision to deny a request for a special exception to establish gasoline pumps as an accessory use to a convenience store in the PUD (Planned Unit Development District) located on the southeast corner of the intersection of Tuskawilla Road and SR 426; as described in the proof of publication, Micah Savell, Trinity Capitol, LTD.
No one spoke in support or in opposition to the continuance.
Speaker Request Form for Rebecca M. Easterly was received and filed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Continuation of a public hearing from September 28, 2004, to consider approval of a major amendment to the existing Deer Run PUD Agreement and enact an Ordinance for a rezone from PUD to PUD and approve the Final Master Plan for 3.6 acres located on the west side of Daneswood Way between South Eagle Circle and the Deer Run Country Club Clubhouse, subject to Addendum No. 8 to the Developer’s Commitment Agreement; as described in the proof of publication, Thomas Daly.
Chairman
McLain advised that the Board closed the public hearing at the last meeting and
continued their decision until tonight.
Tina
Deater, Senior Planner, addressed the Board to summarize the project and review
the changes proposed. She stated the
applicant submitted a revised plan and developer’s commitment agreement
(received and filed) that were distributed to the Board on October 7. She reviewed the differences from the last
meeting that: (1) The four buildings
that previously backed up the single-family residential lots have been shifted
to face the golf course; (2) The cul-de-sac has been relocated; (3) The minimum
unit size has been increased from 1,000 square feet of living area to 1,300
square feet of living area; (4) Since the townhouses are no longer facing any
single-family residential lots, the provision prohibiting second-story
balconies and similar structures has been removed; (5) The architectural
renderings are included as part of Exhibit B in the Agreement; and (6) A
statement requiring field verification by County staff of the location of trees
to be saved and trees to be removed prior to the commencement of construction
has been added under the landscape and buffer criteria.
Ms.
Deater said staff is recommending approval of the Major Amendment and revised
final master plan subject to the revised Developer’s Commitment Agreement.
Commissioner
Maloy stated there were some other conditions like aluminum fencing along the
perimeter and the setbacks.
Ms.
Deater said the setbacks remain the same.
There was a change along the south property line to allow the buildings
to go there. The applicant is still
proposing the PVC fencing.
Tom
Daly, 913 N. Pennsylvania, addressed the Board to state the plan was for a
six-foot aluminum fence and that is what is on the approved final master
plan. He discussed other changes to the
Board.
Commissioner
Morris said the other thing they talked about was the lighting on the units and
the street lighting to be used for the driveways that would not be such that
the reflection would shine into the back of the homes.
Mr.
Daly said the actual fixtures for the parking lot lighting will be sanibel
fixtures that have a shepherd’s hook with recessed lighting. He said if that is not a condition of
approval, they could make it so.
Mr. Daly advised Commissioner Henley
that the aluminum fencing would be least obtrusive.
During further discussion of the
lighting, Commissioner Morris said he wants down draft lighting fixtures on the
units.
Mr. Daly suggested the condition
relative to lighting on the buildings that it would only be at the entranceways
and be directed downward. Whereupon,
Commissioner Morris said he thinks that would work.
Ms. Deater clarified that lights
would be around the entranceways only and it must be directed downward.
District Commissioner Maloy said in
looking at this, the applicants were granted rights to have a commercial type
operation. It appears they have a
certain amount of property rights vested.
In this case, they are going to areas that are currently developed. With these conditions and the buffers are
greater than in single-family subdivisions with no buffers; therefore, he would
recommend approval.
Motion by Commissioner Maloy, seconded by
Commissioner Van Der Weide, to approve the Major Amendment, as shown on page
_______, to the existing Deer Run PUD Agreement; enact Ordinance #2004-42, as
shown on page _______, rezoning from PUD to PUD; and approve the Final Master
Plan for 3.6 acres located on the west side of Daneswood Way between South
Eagle Circle and the Deer Run Country Club Clubhouse, subject to Addendum #8,
as shown on page _______, to the Developer’s Commitment Agreement; as described
in the proof of publication, Thomas Daly; and acceptance of the site plan as
presented including the memorandum from Tina Deater outlining the six changes
identified; the 35-foot buffer would have additional plantings to create
opacity for additional buffer where needed; noting especially along where the
cars are parking to prohibit lights from shining into the back yards of others;
fencing would be six-foot aluminum; lighting to follow County lighting
standards; and the entrance to the buildings are to be lighted downwards.
Districts 1, 2, 3, 4 and 5 voted
AYE.
REZONE FROM A-1 TO PUD/WILLIAM T.
Proof of publication, as shown on page _______, calling for a public hearing to consider adopting an Ordinance to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) located at the northwest corner of SR 426 and SR 417, and authorize the Chairman to execute the Development Order, William T. Buckley/CCCH Greenway N. Prop., LLC, et al, received and filed.
Jeff
Hopper, Senior Planner, addressed the Board to present the request, advising
staff is recommending approval subject to the conditions in the staff report.
Mr.
Hopper advised Commissioner Morris that restrictions were put on the C-2. Whereupon, Commissioner Morris said he hopes
staff also restricted billboards in the C-2.
Mr.
West advised Commissioner Morris that the trail would be in the middle of the
townhouse tract. There will be a wall
on the west property line.
Commissioner
Maloy gave a history of the project.
William
T. Buckley, Florida Land Design, representing Charles W. Clayton, addressed the
Board to state they are seeking approval of the PUD development plan. They have submitted the final development
plan and details of what they are planning on doing. He said in this case, they are seeking to rezone the entire
property. He agrees with staff on the
proposed conditions. He stated when
they come for the final plan approval they will propose just a townhouse
project on the property at this time.
They are proposing a net density of approximately 7.5 units per
acre. This is intended to be a gated
community. The trail easement is 80
feet wide through the property and they are proposing to landscape 15 feet on
either side of it. They are keeping the
recreational areas as far to the east as possible.
Mr.
Buckley showed the site plan (plans received and filed) of the preliminary
subdivision and briefly described the project.
Upon
inquiry by Commissioners Maloy and Morris, Mr. Buckley said they have no
objections to prohibiting billboards and cell towers.
No
one spoke in support or in opposition.
Chairman
McLain conferred with District Commissioner Maloy and directed Mr. Grace to see
if he can speed the process and get this item on the November 9, 2004, agenda
for the final site plan approval.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide, to enact
Ordinance #2004-43, as shown on page _______, approving the requested rezoning
from A-1 (Agriculture) to PUD (Planned Unit Development), located at the
northwest corner of SR 426 and SR 417, and authorize the Chairman to execute
the Development Order, as shown on page _______; as described in the proof of
publication, William T. Buckley/CCCH Greenway N. Prop., LLC, et al, with
billboards as a prohibited use and with the staff recommendations.
Districts
1, 2, 3, 4 and 5 voted AYE.
Sergio
Gabil, 2577 Grassy Point Drive, addressed the Board to ask for the Board’s
support of his new project, Citizens For An Even Better America For All. He advised of a fund-raising activity to be
held on October 18, 19 and 20, 2004 at the Wal-Mart Supercenter on Rinehart
Road. He advised of his plans to go to
Beslan, Russia in November, where he will present monies raised to the families
of the school victims and his poem, “Children In My Heart” (copy received and
filed), to the citizens of Beslan. He
said he would like to see many American children send letters and messages to
those in Beslan.
Chairman
McLain stated this is a worthy goal and expressed well wishes from the Board to
Mr. Gabil. He announced publicly the
fund-raising activity this month.
Commissioner
Henley suggested Mr. Gabil contact the schools and churches to request letters
from the children. Mr. Gabil said he
had met with Lake Mary High School and sent his presentation package to all
members of the School Board.
Speaker
Request Form and fund-raising announcement from Mr. Gabil were received and
filed.
Mr. Grace said they need to follow up on the discussion this afternoon regarding County property surrounding the City of Lake Mary’s City Hall.
Mr.
McMillan said this property has a 14-year history. There was some agreement in 1990 where the City was going to
purchase the property. The County
bought it as part of the Lake Mary Road project. About a year and a half ago, the Lake Mary City Attorney came to
the County because they could not find the deed and, after research, it was
determined it was never closed. He said
Deputy County Attorney Steve Lee sent an interlocal agreement to Lonnie Groot,
then Lake Mary City Attorney, to resolve the issue. It does not look like anything has happened since then. Mr. McMillan said the County has a deed
giving the drainage easement over the property; it reads now that the County
owns the property. He said he would
speak with Mr. Lee tomorrow to see if there have been any subsequent
discussions about this.
John
Omana, Community Development, City of Lake Mary, stated based on the records
the City-owned building is to the north of the subject property.
Chairman
McLain said he thinks the County needs to surplus the property and get it
cleared up. He doesn’t know how they
want to deal with the acquisition or what legalities would have to take
place. He would have no problem working
out a reasonable agreement between the two parties so that the City can take
possession of that and get the County out of the loop.
Mr.
Grace said he thinks in the long-term, it will take some sorting out on the
property. In the short term, he asked
the Board if they had a problem with going along with the zoning change.
Mr.
McMillan stated authorizing the rezoning would not in itself authorize anything
else.
Chairman
McLain asked if the County would have to approve the contractor that builds the
clock tower since it is on County-owned land.
Mr. Omana said no, his understanding is that the City would notify the
County of what is going on.
Mr.
Grace suggested the County go forward with the rezoning and before anything is
built or constructed, the County would resolve the ownership issue.
Mr.
Omana said through Mr. Grace and other County staff, they will provide the
Board with all the technical information.
Upon
inquiry by the Chairman, the Board, by consensus, had no objection to
Mr. Grace signing the City of Lake Mary’s rezoning application for the County
property surrounding the Lake Mary City Hall.
Commissioner Maloy said he knows of four subdivisions where the walls are broken down; three of these are on private property. He doesn’t know what the solution is for repairing these.
Mr.
Grace said the property owners may be able to secure FEMA reimbursement to
rebuild those walls because of the hurricanes.
Commissioner
Maloy asked how could the repairs be done if the homeowner is responsible for
only a 50-foot section. He explained
the different homeowners could each be doing different things with the same
wall. Mr. Grace answered that they
would have to coordinate what they are doing
He said he doesn’t think the Board would want to take on that job.
Upon
inquiry by Commissioner Van Der Weide regarding the Sweetwater Club wall,
Chairman McLain asked Mr. Grace to give him a private briefing on that.
Commissioner
Morris said when there are walls partially falling down, they really have an
obligation to condemn the wall as it is an unsafe structure.
Don
Fisher, DCM, addressed the Board to ask them to send inquiries such as these to
him now for him to take care of them.
He said with walls that are unsafe, they will notify the property owners
that they need to repair it in some kind of time frame.
Mr.
Grace reiterated that the property owners need to get together and coordinate
the repairs.
Mr. McMillan reported he does not believe TDC funds are the appropriate funds for funding an ad campaign to defeat a Constitutional Amendment on the ballot that affects Dade County. He said the Board doesn’t need to take any additional action on this matter.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:59 p.m., this same date.
ATTEST: _____________________Clerk _____________________Chairman
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