BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

OCTOBER 26, 2004

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m. on Tuesday, October 26, 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 Carylon Cohen

 

The Invocation was given by Pastor Paul Hoyer, Holy Cross Lutheran Church, Lake Mary.

     Commissioner Van Der Weide led the Pledge of Allegiance.

 

Awards and Presentations

 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-184, as shown on page _______, proclaiming the month of November 2004 as “National Epilepsy Month”.

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

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-186, as shown on page _______, honoring William “Bill” Demetree for his


dedication to community service, in particular to troubled youth and their families.

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

     Commissioner Maloy presented the Resolution to Kate O’Leary, Executive Director, on behalf of Mr. Demetree, who was not feeling well and could not attend today.

     Ms. O’Leary expressed that the County Commissioners are honoring a wonderful man.  She advised of an event on November 10 where they will be honoring Mr. Demetree and having a grand opening of their new shelter.  She expressed appreciation for the Board’s support.

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     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-185, as shown on page _______, commending Patrick L. Morgan in the Roads-Stormwater Division of the Public Works Department for his 30 years of service to Seminole County and its residents upon his retirement.

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

     Commissioner Henley expressed his personal appreciation to Mr. Morgan on behalf of the residents of District 4.  He said he has had a tremendous number of commendations from the citizens about Mr. Morgan’s responses and attitude and about the work he has done.  He stated the people in District 4 appreciate his efforts and so does he, and he wished Mr. Morgan well in his retirement.  He presented the Resolution to Mr. Morgan.

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Ray Gilley, Economic Development Commission, addressed the Board to make a PowerPoint Presentation of the Metro Orlando Economic Development Commission Activity Report.  The information packet was received and filed.  Some of the EDC team members were also present.  Mr. Gilley’s presentation covered the following topics:  Mission; What We Do; Year in Review (Year ended September 30, 2004); By the Numbers; Who We Helped; Who Filmed Here; Where We Traveled; Who’s Talking About Us; Awards & Accolades; Other Highlights; and The Best News of All.

Tracy Turk, Seminole County’s EDC Director, addressed the Board to thank Bill McDermott and key County staff for their support.  She continued the PowerPoint presentation with the following topics:  Establishment Highlights:  FY 03-04; New Projects; Film & TV; County Priorities; Partnerships; EDC Industry Innovation Awards; and Upcoming Events.

Commissioner Henley commended Mr. Gilley on the efforts they have been making.  He asked Mr. Gilley to comment on the deficit amount of $226,839 shown on page 7 of the Activity Report.  He also asked about the efforts to recruit support for the EDC, and utilization of the office space. 

Commissioner Morris discussed his concern to maintain the regional balance on the Board and to recruit on the Board of Directors many of the new companies to become more engaged in the community.  He thinks they are still failing to recruit new businesses to the EDC Board, and he does not believe there is an aggressive enough of an outreach.

Commissioner Morris commended Mr. Gilley and the organization.  He said they have done a very good job since the post 9-1-1 environment.

Chairman McLain stated he appreciates Mr. Gilley attending today’s meeting and told him to keep up the good work.

County Manager’s Consent Agenda

 

     Chairman McLain stated staff is pulling Item #25, Seminole County Continuity of Operations Plan and Terrorism Annex.

     Commissioner Van Der Weide discussed that he understands no flu shots are available at the Health Department.

     Community Services Director Phil Stalvey and Christina Ciereck, Administrative Services Director, addressed the Board to answer his questions.  Ms. Ciereck stated they are in constant contact with the State Department of Health about the flu vaccine.  Seminole County is in a waiting mode to find out more information.  She explained that only two vendors make the vaccine.  The County’s Health Department is on the losing list because the vendor for them is the one they had a problem with.  The Florida Department of Health is working with other vendors and with Osceola and Orange counties.

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

Community Services

Community Assistance

 5.  Approve and authorize Chairman to execute Contract, as shown on page _______, between Seminole County and the State of Florida Department of Health for the Operation of the Seminole County Health Department Contract Year 2004/2005. 

 

Economic Development

 6.  Approve and authorize Chairman to execute the Master Agreement, as shown on page _______, for Services to be provided by the Economic Development Commission of Mid-Florida for Fiscal Year 2004/2005 and approve and authorize Chairman to execute the Agreement, as shown on page _______, authorizing the Economic Development Commission of Mid-Florida to act as the County’s Industrial Development Authority for Fiscal Year 2004/2005.

 7.  Adopt Resolution #2004-R-187, as shown on page _______, for the issuance of industrial revenue bonds by the Seminole County Industrial Development Authority to finance and refinance the acquisition, construction and equipping of an educational facility by the Master’s Academy and related items.

 

Environmental Services

Business Office

 8.  Approve and authorize Chairman to execute Exhibit “G”, as shown on page _______, Amendments to Conditional Utility Agreements for sewer service with Rockwell Land & Development Corporation for oversizing and extension of off-site sewer facilities to the Mikler Lake subdivision. 

 9.  Approve and authorize Chairman to execute the Amendment, as shown on page _______, to the Conditional Utility Agreement for Water and Sewer services between Seminole County and Michael B. and Jacqueline Myers for the project known as Gassy Jacks. 

Solid Waste Management

10.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Photographic Waste Control Inc. to provide collection services of Special Waste and operate a Special Waste processing facility. 

11.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Sun State Trees and Property Maintenance Inc. to operate a yard waste recycling facility. 

 

Fiscal Services

Administration Grants

12.  Approve and authorize Chairman to execute the Department of Environmental Protection Application and Memorandum of Understanding, as shown on page _______, with University of Central Florida for FY 2004/2005 Innovative Recycling & Waste Reduction Projects Grant. 

13.  Adopt Resolution #2004-R-188, as shown on page _______, to apply for funding for two projects, Phase I – Jetta Point and Soldier’s Creek Park, proposed to the Florida Recreation Development Assistance Program (FRDAP).

Budget

14.  Authorize scheduling and advertising a public hearing on November 9, 2004 at 1:30 P.M. for the purpose of reestablishing the budgets for previously approved capital projects and other specific items. 

Purchasing

15.  Approve Ranking List, Authorize Negotiations, and Award PS-5169-04/AJR, as shown on page _______, Master Agreement for Professional Services for Bear Lake Road – SR 436 to the Orange County Line to Bowyer-Singleton & Associates, Inc., Orlando.

16.  Approve Ranking List, Authorize Negotiations, and Award PS-5170-04/AJR, as shown on page _______, Master Agreement for Professional Services for Airport Boulevard Extension-SR 46-CR 15 to Reynolds, Smith & Hills, Inc., Orlando.

17.  Approve Change Order #3, as shown on page _______, to BID-298-04/PWM, Resurfacing of interior and exterior of four (4) steel welded Leachate tanks with H.I.S. Painting, Inc., Titusville ($24,046.00).

18.  Award IFB-3093-04/GMG, as shown on page _______, Term Contract for the Purchase of International Trucks for Seminole County Fleet Services, to Maudlin International Trucks, Inc., Orlando.

19.  For Information Only

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.  (1) Emergency Purchase Order #11477 to American Compliance Technology, Bartow, Florida, was processed in the amount of $200,000.00 for the clean-up of a diesel spill at the Country Club Water Treatment Plant.  (2) Emergency Purchase Order #11522 to A Budget Tree Service, Inc., Winter Springs, Florida, was processed in the amount of $32,000.00 for hurricane tree and debris removal.

 

Planning & Development

Community Resources

20.  Approve and authorize Chairman to approve the Consolidated Plan Amendment to the 2002-2003 One Year Action Plan of the 2000-2005 Five year Consolidated Plan effective November 15, 2004 pending public comments.

21.  Approve and authorize Chairman to execute two (2) CDBG Subrecipient Agreements, as shown on page _______, with: 1) City of Sanford-CDBG, 2) City of Longwood-CDBG and two (2) ESG Subrecipient Agreements, as shown on page _______, with 1) Rescue Outreach Mission of Sanford, Inc., and 2) Seminole County Victim’s Rights Coalition, Inc.

22.  Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to the Seminole County and City of Sanford Infrastructure Improvements HUD/CDBG Subrecipient Agreement for Program Year 2003-2004. 

23.  Approve and authorize Chairman to execute the Joinder and Consent form, as shown on page _______, for the re-plat of the Lisa Merlin House properties in Casselberry. 

Development Review

24.  Adopt appropriate Resolution #2004-R-189, as shown on page _______, accepting Warranty Deed, as shown on page _______, for land donated as right-of-way on County Road 419 from Antioch Missionary Baptist Church of Oviedo.

 

Public Safety

Emergency Management

25.  Pulled from the agenda the request to approve and recognize the Seminole County Continuity of Operations Plan and Terrorism Annex as a working document to assure continuation of Seminole County Government during and after emergencies. 

EMS/Fire/Rescue

26.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Scott Health & Safety, a Division of Scott Technologies, Inc., which appoints Seminole County as an authorized center for the inspection, repair and service of such Scott Products owned by the County, (i.e., Scott Air-Pak SCBA’s self contained breathing apparatus) in use by the EMS/Fire/Rescue Division. 

 

Public Works

Engineering

27.  Adopt appropriate Resolution #2004-R-190, as shown on page _______, accepting Quit Claim Deed, as shown on page _______, from Joe B. McCawley, Jr. to Seminole County for roadway improvements to Wekiva Park Drive. 

 

Tourism Development

28.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the City of Sanford for the City of Sanford’s Golden Age Games in the amount of $5,000.00. 

 

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

 

Mr. Grace stated he would bring Item #25 back at the next Board meeting.

County Attorney’s Consent Agenda

 

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

Property Acquisition

29.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 135, of the Lake Drive road improvement project, located at 1940 Lake Drive, Casselberry, in the amount of $95,000.00, inclusive of all attorney’s fees and expert costs incurred, Olive Assam property.

30.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel ID Numbers 118/718, of the Lake Drive road improvement project, located at 4722 E. Lake Drive, Winter Springs, in the amount of $45,000.00, inclusive of all attorney’s fees and expert costs incurred, James M. and Anne J. Gillespie property.

31.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel ID Number 108, of the Lake Drive road improvement project, located at 4701 E. Lake Drive, Winter Springs, in the amount of $70,000.00, including attorney’s fees and costs incurred, Michelle A. and Darryl A. Blanford property.

32.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 120, of the C-15/Elder Creek (Ponds) improvement project, located at 490 Monroe Road, Sanford, in the amount of $225,000.00, with no fees or costs incurred, Thuy T. Le property.

 

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

 


Constitutional OfficerS’ Consent Agenda

 

     Chairman McLain advised the Payroll Approval Lists dated September 23 and October 7, 2004 are included in the Clerk’s Report.

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

Clerks Office

33.  Expenditure Approval Lists, as shown on page _______, dated September 28 and October 4 & 11, 2004; and Payroll Approval Lists, as shown on page _______, dated September 23 and October 7, 2004.

 

34.  Chairman to execute the following Satisfactions of Judgment/Court Costs:

 

     Troy Blankenship, Case #94-2856-CFA - $255

     Jennifer Diekneit, Case #97-11189-MMA - $110

     Diana King Knight, Case #97-4522-MMA - $40 Public Defender Application Fee

     Erik Mendez, Case #00-10406-MMA - $193 Court Costs and Public Defender Application Fee

     Erik Mendez, Case #01-6382-MMA - $198 Court Costs and Public Defender Application Fee

     Jeffrey Roberts, Case #98-815-CFA - $295

     Joel Sotolongo, Case #97-4379-MMA - $110

     Thomas Robert Watson, Case #00-9239-MMA - $212 Court Costs and Public Defender Application Fee

 

35.  Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:

 

Lisa Garofalo & American Bankers Ins. Co. - $555

Emory Emerson Griffin & Lexington National Ins. Co. - $555

Emory Emerson Griffin & Lexington National Ins. Co. - $555

Richard Alexand. Vargas & Roche Surety & Casualty - $323

 

36.  BCC Official Minutes dated September 28, 2004.

 

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

 

1.        Work Order #18, as shown on page _______, to PS-5120-02.

 

2.        Basic Contract M-459-04, as shown on page _______, Singhofen & Associates.

 

3.        Work Orders #22 & #23, as shown on page _______, to PS-5130-02.

 

4.        Work Order #10, as shown on page _______, to PS-5150-03.

 

5.        Third Renewal, as shown on page _______, to M-207-00, Motorola, Inc.

 

6.        Amendment #2 to Work Order #11, as shown on page _______, to PS-5116-02.

 

7.        Work Orders #1 & #2, as shown on page _______, to RFP-4215-04.

 

8.        Work Order #1, as shown on page _______, to RFP-4221-04.

 

9.        Work Order #1, as shown on page _______, to PS-5156-04.

 

10.         Work Orders #11 (2), as shown on page _______, to PS-5150-03, EMS.

 

11.         Work Order #1, as shown on page _______, to PS-5160-04.

 

12.         Work Order #3, as shown on page _______, to RFP-4214-04.

 

13.         Amendment #1 to Work Order #5, as shown on page _______, to CC-1188-02.

 

14.         Work Orders #19 & #20, as shown on page _______, to CC-1220-03.

 

15.         Work Order #6, as shown on page _______, to RFP-484-00.

 

16.         Executive Orders, as shown on page _______, as follows:  #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.

 

17.         Order Acknowledging Transfer and Amending Certification Nos. 279-W and 226-S from the Public Service Commission.

 

18.         Performance Bond #SU-5005241 and Title Opinion, as shown on page _______, for the project known as Highcroft Pointe Townhomes.

 

19.         Memorandum to Sandy McCann from Denes Balo submitting Fiscal Year 2003/2004 Amended Clerk’s Budget, as shown on page _______.

 

20.         Memorandum to Denes Balo from Sandy McCann acknowledging receipt of the FY 2003/2004 Clerk’s Amended Budget.

 

21.         Memoranda to the Board from Kevin Grace, County Manager, regarding Capital Project Fund Transfers in the amount of $171,875 and $537,000.

 

22.         Notice of Special Meeting scheduled by the Seminole County Industrial Development Authority for October 6, 2004.

 

23.         Maintenance Bond #SU-5005243-1, as shown on page _______, for the project known as Madison Creek; and Maintenance Bond #SU 5005242-1, as shown on page _______, for the project known as Madison Place.

 

24.         Memorandum to Jerry McCollum, County Engineer, from Henry Brown, Assistant County Attorney, relating to Direct Pay Request for Seminole County v. King, et al.

 

25.         Memoranda to Jamie Croteau, Administrative Services; Bill McDermott, Economic Development; and Ray Hooper, Purchasing, from Kevin Grace, County Manager, relating to Outstanding BCC Documents.

 

26.         Letter to Sandy McCann, Commission Records, from Mahmoud Najda, Planning & Development, re:  P&D Outstanding Documents.

 

27.         Memorandum to Kevin Grace, County Manager, from Sandy McCann, Commission Records, re:  Outstanding BCC Documents.

 

28.         Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, re:  P&D Documents.

 

29.         Proof of publication, as shown on page _______, relating to hearings regarding disputed or appealed applications for Exemptions on October 22 and November 4 and 5, 2004.

 

30.         Bids, as shown on page _______, as follows:  IFB-3095-04 and CC-1244-04.

 

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

 

Sheriff’s Office

     No Report.

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     Chairman McLain recessed the meeting at 10:16 a.m. and reconvened it at 10:30 a.m.


Regular Agenda

 

     Chairman McLain moved Agenda Item #41 up for consideration at this time.

Bill McDermott, Economic Development Director, addressed the Board to present Resolution for adoption recognizing Lenders First Choice Agency, Inc. (LFC), a title insurance agency, as a “Qualified Targeted Industry” (QTI).  He introduced Jeff Harvey, Senior Vice President of the Lenders First Choice Agency, Inc.  He stated if the project is approved, Mr. Harvey will be moving here and be in charge of the project.  He advised that this one project will reduce the vacancy rate in the Longwood area by 7%. 

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the staff recommendation to adopt appropriate Resolution #2004-R-192, as shown on page _______, recognizing Lenders First Choice Agency, Inc. (LFC), a title insurance agency, as a “Qualified Targeted Industry” (QTI).

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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Dave Medley, Director, and Kelly Metcalf, Program Manager, addressed the Board to request approval of recommendations for distribution 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 the approved agencies.

     Chairman McLain stated this Board has basically had no substantial input into this process.  Prior to that time the Board had all of the input.  He thinks it is important for the Board to have the opportunity to have some input from time to time.  In future years, they might want to set aside some reserves for special needs or for what the Board feels might come up that’s important.  One item he thinks they need to work on is the Seminole County YMCA.  He said the agency is going through a substantial expansion.  He was disappointed the Board was not able to provide them any funding and assistance.  He requested the Board provide $25,000 to the YMCA for this funding year. 

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve $25,000 funding to the YMCA.

Under discussion, Commissioner Morris said the YMCA expansion is long overdue.  Their membership is going out the back door as fast as they come in the front door because of the overcrowding conditions.  They have gone through numerous directors.  They don’t have outreach programs in the small, low-income communities.  When the Board approached them about that, they said it is really up to the community and government.

Chairman McLain said he thinks they are seeing a change in that attitude.  He thinks they see opportunities for the County’s service in their community.  He said the Y spends several hundred thousands of dollars a year in scholarships for low-income families.  He thinks the County needs to be a small partner.  He also thinks it is important to their relationship in helping the Y develop more services for Seminole County.  He believes they are addressing the questions the Board raised in the last two years. 

Commissioner Van Der Weide stated he has talked to the Y regarding the trailhead and mixed use.  They expressed a lot of interest.  The topic came up then about whether they would be willing to address some of the concerns that Commissioner Morris mentioned, and they expressed a willingness to address the issues.  That is the reason he made the motion.

Commissioner Henley stated he won’t be supporting this motion because the Board had a process set up and if they read the comments based upon the application submitted by the Y, they demonstrated no need.  He said it is not that they don’t provide a valuable service; but the Y is predominantly used by middle and upper class citizens.  Most of the funding money goes to the elderly, those with disabilities and deprived young.  This would be a departure from that.  He said the Y did not indicate if they did not get the $25,000 that would have an impact on them.  He thinks the $25,000 would have much more of an impact on other agencies.

Chairman McLain said the Y gives out several hundred dollars in scholarships to poor families.  He thinks it is important to get the young people out to other communities so they can see the benefit of a community other than just where they live.

Commissioner Morris asked if they could earmark the money for scholarships.

Mr. Medley said it would be his desire to contract with the Y for specific services.  They can do this in scholarships in any of their programs and then monitor them.

Commissioner Morris said he will support the motion based upon it being that these funds go to the economically disadvantaged for scholarships or to programs therein.  This would not replace any money.  This would be additional outreach money for the Y to do that. 

Under further discussion, Mr. Grace said he thinks staff needs to bring this particular item back before the Board for approval.

Commissioner Henley said his concern is there is no guarantee of any additional services.  If the Board earmarks the money, he would have no problem supporting the motion.  He said one of the biggest problems for the economically disadvantaged is transportation.  He doesn’t know if providing scholarships is going to solve that problem. 

Commissioner Morris said the Y could have a program in the City of Sanford and in East Altamonte.  They can take the Y to the people.

Cheryl Woods, District Vice President of the YMCA, addressed the Board to state they have no problems with what is being discussed and they can do that.  She said they have worked real hard in the last year trying to improve on some of the issues.  She has spoken to the County on doing a better job in the future on the application process.

Chairman McLain said the $25,000 would be for scholarships for needy families, and the contract will come back to the Board at the next meeting for scholarships and/or disadvantaged services to the community.  This will not replace current dollars but will be new family outreach.

Commissioner Henley said if the motion is worded that way, he will support it.

Commissioner Van Der Weide stated he had no problem with rewording the motion.

There were no objections to the amendment to the motion.

Mr. Grace said the money would come out of the General Fund Contingency and the Board could authorize him to execute the Budget Change. 

Chairman McLain said the Board is directing staff to come back with a $25,000 grant for programs and scholarships for the YMCA.

Whereupon, Mr. Grace said since staff is coming back at the next meeting, he will bring the Budget Change Request back at that time.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve amending the motion that staff is directed to come back with a $25,000 grant to the YMCA for programs and scholarships for the economically disadvantaged as new family outreach money.

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

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Commissioner Van Der Weide said he is personally involved with the Christian Sharing Center agency.  He would like to ask the Board to increase their funding by $25,000.  He thinks they are greatly underfunded.

Commissioner Maloy advised this agency received what they requested.

Commissioner Van Der Weide stated that what the agency requested was before the hurricanes and he knows what their needs are.

Commissioner Morris said one of the things the Board is trying to follow is the procedure they have set up.  He asked if this could be brought back in two weeks to see if the Center can fulfill the needs statement for the additional $25,000.

Commissioner Van Der Weide said that would not be a problem.

Commissioner Henley said he was not in favor of bringing the request back.  He said there is not one of them who could not come up with someone who needs more money.  The Board adopted a process and if they are going to start back with each one bringing up a favorite agency, then he wants to bring up another request also.  He doesn’t think they need to go back to the old process.

Commissioner Van Der Weide said as far as the policy in place, they have to have some flexibility.  This policy has taken away all the flexibility of the people who are directly responsible to the citizens.  He thinks they need to express their right to do what they think is best.  He said the Sharing Center serves all the people of the community.  They are doing a wonderful job and they need additional funds.  Under the circumstances of the hurricanes, there may be other groups that may need to be brought up.

Commissioner Henley said he doesn’t think they took the flexibility out at all.  He said all agencies feel they have a need and want government to meet that need.  Somewhere along the line, they have to draw the line and recognize the contributions that have been made.  He stated the Sharing Center got exactly what they asked for, and each one of the agencies submitted their request before the hurricanes.

Chairman McLain said maybe they have ratcheted this down too tight and, as Commissioner Van Der Weide said, they need to have some flexibility to bring up agencies that they know of.

Mr. Grace stated he doesn’t want the Board to think they are trying to tie this to the staff recommendations.  He said these are recommendations and the Board needs to make the policy decisions.

Commissioner Morris said for this particular request, Commissioner Van Der Weide brought to them the need in the community and they should go back to the agency and bring this back before the Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to bring back before the Board at the next meeting the request for funding to the Christian Sharing Center with an amended application.

Under discussion, Commissioner Henley said the School Readiness Coalition still has a large number of children who were not served.  He said he would like to increase their funding to $75,000.  He wants to bring this back along with Commissioner Van Der Weide’s request.

Commissioner Maloy said the reason the Board went to this procedure was to try to stop this from happening.  He thinks it is getting a little bit out of hand, and he thinks they ought to go with what they have.

Chairman McLain called for the vote on the motion to bring back for consideration the request for the Christian Sharing Center for an additional $25,000.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Henley, seconded by Commissioner Morris, to bring back for consideration additional funding of $15,000 to the School Readiness Coalition.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the staff recommendation for distribution of the Community Service Agency Partnership Grant funds in the amount of $1,130,633 and authorize the Chairman to execute the Contracts, as shown on page _______, with the approved agencies as identified.

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

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Tony Walter, Assistant Planning Manager, addressed the Board to request authorization to advertise the Boat Dock Ordinance to amend the Land Development Code for the December 1, 2004, Planning and Zoning Commission meeting and the January 11 and 25, 2005, Board of County Commissioners meetings. 

Commissioner Morris said he thinks this is really a property rights issue.  He doesn’t see this as practical.

Commissioner Van Der Weide stated he doesn’t think they should be able to deny the property rights.  He thinks this is a move in the right direction.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize staff to advertise the Boat Dock Ordinance to amend the Land Development Code for the December 1, 2004, Planning and Zoning Commission meeting and the January 11 and 25, 2005, Board of County Commissioners meetings.

Under discussion, Commissioner Henley said he thinks staff has done a good job in bringing this up.  He only questions the height and wonders if 10 feet is enough.  Chairman McLain said he had that thought also.

Mr. Walter said any boat dock approved has to come to the Board for their approval.  Discussion ensued.

     Deputy County Attorney Steve Lee said 10 feet is in the Code historically, but the Board can make it any number they want.  His only concern is view obstruction from neighboring properties.  He said the Board could change the height limit if they find it would not obstruct neighboring properties.

     Chairman McLain said he thinks they need to consider changing the height.  They need more evaluation before picking a number.

     County Attorney Robert McMillan said the point is the 10-foot height can be changed at the hearing.  He said on a case-by-case basis they can assess it and set a different height.

     Mr. Lee said the ordinance drafted allows boat houses and boat docks as a matter of right without a principle use.

     Chairman McLain said he thinks the Board should approve the Ordinance as is and ask staff to go back and take a look and come up with some language that is sufficient but without obstructing neighboring properties.

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

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Matt Chesler, Community Information, and Arnold Schneider, County Attorney’s Office, addressed the Board to recommend adoption of the Resolution approving the transfer of control of the non-exclusive franchise from Florida Communications Partners LLC, d/b/a Heathrow Cable to Bright House Networks, LLC. 

Commissioner Morris said staff needs to bring the franchise request back the first meeting in January.  He said they need to set forth negotiations with Bright House and need to do that well in advance.   He said this item makes a lot of sense to him.

     Motion by Commissioner Morris, seconded by Commissioner Henley, to adopt appropriate Resolution #2004-R-191, as shown on page _______, approving the transfer of control of the non-exclusive franchise from Florida Communications Partners LLC, d/b/a Heathrow Cable to Bright House Networks, LLC.  

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

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Mr. Walter presented request to approve the Final Master Plan for an Urban Conservation Village single-family subdivision located at 1435 Myrtle Street and authorize Chairman to execute a Developer’s Commitment Agreement (Sandy Bierly, applicant).  He said the applicant has moved the recreational area.  The internal trail has been connected to the equestrian/pedestrian trail.

     Commissioner Morris said there was a letter to the editor from the Winter Springs Deputy Mayor.  He would like this plan forwarded to the Winter Springs Commission so they can understand exactly what the County is doing, and with the County’s recommendation that they might consider this conservation village concept in their urban area.

     Chairman McLain said he is very satisfied with the results that have come out of this process.  He thinks they have done a great job and set the tone for looking at other areas of the County. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the Final Master Plan for an Urban Conservation Village single-family subdivision located at 1435 Myrtle Street; and authorize the Chairman to execute a Developer’s Commitment Agreement, as shown on page _______, Sandy Bierly, applicant.

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

County Manager’s Briefing

 

     Mike Wittmer, Animal Control Manager, addressed the Board to seek direction on how to proceed with the request from the Animal Control Board regarding SCPALS (Seminole County’s Promise to Animal Life Sanctity) recommendations.  He explained the Animal Control Board members are asking if it is possible to have the remainder of the licensing/rebate money go to special projects for animal services and to a special fund where it would be designated for things such as improvements to the cat adoption area. 

     Mr. Grace advised that any money not used goes into the General Fund.  If the Board does what the Animal Control Board is asking, they will be agreeing to use additional annual fund money to make up for those revenues that are being set aside for the capital programs.  Discussion ensued. 

     Commissioner Morris said the Animal Control Board needs to make recommendations and tell the BCC what it is going to cost or what the back-up plan is going to be.  He would personally like to hear their recommendations.  He said the BCC should have a write-up that responds to each one of the SCPALS’s requests.  The Animal Control Board needs to tell the BCC what is practical or not.

     Chairman McLain said the Board has worked with SCPALS group now for a couple years.  Because of that, there is no remaining loophole with people taking animals home without being spayed or neutered.  He is suggesting that the BCC needs to be very careful because this budget can easily expand dramatically.

     Chris LeSage, Animal Control Board member, addressed the Board to state there are several good recommendations from SCPALS that the Animal Control Board is considering.  What they want to know first is if they spend the amount of time to develop the recommendations for the BCC to approve, is it a reality to have those funds earmarked.

     Commissioner Morris stated the BCC needs to know what the Animal Control Board agrees or disagrees with in the SCPALS report.

     Upon inquiry by Commissioner Henley, Mr. Wittmer said he sees staffing as the #1 need.  He said the spay/neuter clinic is something they would like to see, but it is not cheap. 

     Commissioner Van Der Weide said he thinks they all support the idea, but the normal process is for staff to suggest something that should be funded and the County Manager is in charge of the budget process.

     Mr. Grace said his preference is to do what Commissioner Morris suggested.  This is before the Board today because the Animal Control Board requested it.  He understands the Board will need the Animal Control Board and staff recommendations.

     Chairman McLain said he thinks that is the right process and it will be dealt with during the next budget process.

     The Board discussed the spaying/neutering of animals up to four months.

     Chairman McLain said he thinks one recommendation they should consider is should the County provide certificates for services done at the Humane Society.  He thinks there are other opportunities to consider and other options other than the County building its own spay/neuter facility.

     Commissioner Henley discussed the pet licensing revenue.  Mr. Wittmer said there is not enough staff to send out reminders and he thinks people forget they need another license.  He would like to look at doing a more aggressive licensing program.  He said they will be bringing that back to the Board.

     Commissioner Henley said that seems like something an intern could do.

     Commissioner Morris said all of these could be considered.  He said the Board wants to try to fund the needs.  He asked staff to make recommendations and tell the Board the capital versus program needs.

     Commissioner Henley said they might need to step up advertising on TV about the pet licensing.

     Chairman McLain said he wants the Animal Control Board to evaluate the services and needs and make recommendations of the things they think are important and prioritize those.

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Robert Adolphe, Environmental Services Director, and Liz Block, Water Conservation Coordinator, addressed the Board to seek direction on the development of a Potable Water Budget Ordinance and Manual that requires Land Development Code changes. 

     Ms. Block showed a PowerPoint presentation (received and filed) on the topics of The Dilemma and The Proposed Solution.

     Commissioner Morris discussed that the ordinance would be enforceable by law.  He said he thinks they are getting too far down the road.

     Mr. Grace said this would be designed to take place during construction, but staff doesn’t plan to knock on homeowners’ doors to say they are 10 gallons over.

     Commissioner Morris commented that the way to motivate peoples’ behaviors is to motivate by economic factors.  The cost of the product is what drives its availability and use.  Now they are going to do something a little bit further.

Chairman McLain pointed out the six options are the ones in line as far as design of new development to hopefully restrict the use to under the 350 gallons per day.

Ms. Block continued the PowerPoint discussion of the Potable Water Budget Manual:  Options.

Mr. Adolphe said actually one of the alternatives is to use shallow wells.  He said if 60 to 70% of the water is going outside on irrigation, that is what they should target.

DCM Don Fisher addressed the Board to state staff is looking for the Board’s blessing to propose Land Development Code regulations that establishes the creation of a policy manual that has water management options.  Both of these would come back to the Board.

Commissioner Maloy said he thinks staff needs to meet with the industry to get their input on this.  He thinks it is important to make sure they have something that works.  He understands the HBA (Home Builders Association) is more than willing to work with the County.

Mr. Fisher explained that this creates options and the builder can pick one or two.  This is proposed for the design phase.  Now they are just talking about planned new development.

Commissioner Henley said he thinks staff is moving in the right direction in trying to come up with something that is workable.  If they move in this direction, the developer will not have an option not to address water usage.  They are giving him some options to pick and choose, but he does not have the option to do nothing.  Down the road, they will have more problems.  He would like to see the Board tell staff to go ahead and move forward and bring something concrete back. 

Chairman McLain said he believes the HBA is going to work with the County on this.  He thinks they are wise enough to understand for them to continue to build quality houses, they will have to address the water usage.

Commissioner Henley said he thinks it is important to let the municipalities know what the County is doing and why.

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The Chairman recessed the meeting at 12:00 noon, reconvening at 1:31 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

PROOF OF PUBLICATIONS

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

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

PUBLIC HEARINGS

REQUEST TO VACATE & ABANDON,

LONNIE GROOT/SEMINOLE COMMUNITY COLLEGE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon that portion of the public right-of-way known as Banana Lake Road consisting of .107 acres located south of CR 46A (Paola Road) at the southern end of Banana Lake Road and northeasterly of AAA Drive, Lonnie N. Groot, Esq./representative for Seminole Community College, received and filed. 

     Planner, Cynthia Sweet, addressed the Board to present the request, advising the vacate is needed to consolidate the parcels owned by SCC in order to develop a campus within the Heathrow International Business Center.  She said the staff has determined that the vacate will allow the applicant to improve the property boundaries to better meet the Land Development Code; therefore, staff recommends approval. 

     Attorney Lonnie Groot, representing SCC, addressed the Board to advise he will answer any questions the Board may have. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     District Commissioner McLain recommended approval with staff comments. 

     Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-193, as shown on page _______, vacating and abandoning that portion of the public right-of-way known as Banana Lake Road consisting of .107 acres located south of CR 46A (Paola Road) at the southern end of Banana Lake Road and northeasterly of AAA Drive, as described in the proof of publication, Lonnie N. Groot, Esq./representative for Seminole Community College. 

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

REQUEST TO VACATE & ABANDON,

SUNCOR COLONIAL PROPERTIES, LTD.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a 30-foot by 186.50-foot portion of the unimproved Williams Avenue right-of-way, Suncor Colonial Properties, LTD., received and filed. 

     Planner, Denny Gibbs, addressed the Board to present the request, advising the vacate is being requested in order to create one building site for commercial development.  With the combination of the Suncor properties, this right-of-way is no longer needed for access and the vacation of this portion will not hinder access to any other parcels.  She further advised that there are no objections from the applicable utility providers.  Therefore, staff recommends approval. 

     Jerry Williams, area resident, addressed the Board to express his concern with the applicant possibly putting in a retention pond next to his property.  He said he is afraid if a retention pond is put in, his house could be flooded. 

     Ms. Gibbs explained that retention ponds are designed to accommodate large storms and she does not think it is something that would threaten the area.  She added that she does not know if the County or the City of Sanford will be reviewing the site plan. 

     Commissioner Morris stated staff can flag this and if the site plan comes through the County, this issue can be addressed; or if the site plan goes through the City, staff can send their comments to the City. 

     Debra Williams addressed the Board to question if a retention pond is put in, who will maintain it.  She also stated she would like to find out what type of development will be constructed. 

     Bob Horian, Suncor Colonial Properties, LTD., addressed the Board to advise they currently own over 12 acres and their plan is to create a mixed use residential and office.  He stated he does not know yet where the pond will be located, but there is a pop off to the canal that is maintained by the County.  He added that they will take care of the maintenance. 

     No one else spoke in support or in opposition. 

     District Commissioner McLain recommended approval. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-194, as shown on page _______, vacating and abandoning a 30-foot by 186.50-foot portion of the unimproved Williams Avenue right-of-way, as described in the proof of publication, Suncor Colonial Properties, LTD. 

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

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Morris advised during their meeting last night, the Board of Adjustment granted a special exception for a communication tower on the east side of Van Arsdale Street (Gary & Elizabeth A. Lashinsky).  He said he would like to pull that up to the BCC for review. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to bring the request for a special exception for a communication tower on the east side of Van Arsdale Street (Gary & Elizabeth A. Lashinsky) before the BCC at a public hearing. 

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

PUBLIC HEARINGS, CONTINUED

     Chairman McLain advised of receipt of a letter from the applicant for Item #48, Appeal of the Board of Adjustment’s denial for a Special Exception, Bob Chopra/Wireless Facilities/Cingular Wireless, LLC, for a continuance.  He stated they are requesting a continuance until December 14, 2004; however he would recommend continuing it until the next BCC meeting on November 9, 2004. 

     Commissioner Morris stated he would support continuing the item to November 9, 2004. 

     The Board directed staff to notify interested parties that Item #48 scheduled for tonight’s meeting will be continued to November 9, 2004. 

DISTRICT COMMISSIONERS’ REPORTS, CONTINUED

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Rosalyn Guzman to the Disability Advisory Council for a two-year term ending January 2007. 

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

COUNTY MANAGER’S REPORT

     County Manager, Kevin Grace, distributed information (received & filed) relative to Commissioner McLain’s request to be an event sponsor for the Winter Springs Holiday Festival in the amount of $5,000. 

     The Board requested Mr. Grace provide more information as to who is the sponsor, where the money is going and if there will be a charge to the public. 

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     Mr. Grace requested approval for emergency maintenance on Mullet Lake Retreat Road due to a washout situation. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to authorize emergency maintenance on Mullet Lake Retreat Road. 

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

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     Mr. Grace requested approval of the funding agreement with the SJRWMD for the Econ Wilderness area. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley to authorize the Chairman to execute Funding Agreement, as shown on page _______, with the St. Johns River Water Management District for the Econ Wilderness area. 

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

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     Mr. Grace discussed the proposed Seminole County Charter Amendment, advising the City of Longwood is in the process of sending out a letter to their citizens, which contains erroneous information.  He stated he sent a letter to Longwood pointing out the inaccuracies and asking them to not send the letter out.  He said he has not received a response.  He, therefore, requested Board authorization to do a special mailing to those residents countering the City’s letter.  He further said that mailing will probably cost more than what the Board previously approved.  Copies of letters from the City of Longwood and City of Casselberry were received and filed. 

     Commissioner Morris agreed that the Longwood letter is full of outrageous misstatements.  He said the government agency is misinforming their voters and he believes the County needs to respond. 

     Commissioner Henley stated he supports the County Manager sending out a letter to those cities that are misinforming their residents. 

     Mr. Grace stated if there are no objections, he will have a response letter ready to mail out on Thursday of this week and will run it by the Chairman.  He further stated that he has authority of moving money up to $25,000 to pay for this.  The Board voiced no objections. 

COMMUNICATIONS AND/OR REPORTS

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

1.          Copy of memorandum dated 10/1/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

2.          Letter dated 9/30/04 (with attachment) to Chairman McLain from Tricia Johnson, Orlando Regional Heathcare, re: ORHS Storybook.

 

3.          Letter dated 10/11/04 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: new free Digital Cable service, Favorites on Demand.

 

4.          Letter dated 10/5/04 to Chairman McLain from Mandy Maloy, FAMU College of Law, re: International Criminal Law Seminar panel discussion on the U.S. role in Iraq. (cc: BCC, County Managers, County Attorney)

 

5.          Letter received 10/13/04 (with attachment) to Chairman McLain from Tricia Johnson, Orlando Regional Healthcare, re: addition of new Siemens MRI Unit and Endoscopy Suite.

 

6.          Letter dated 9/30/04 (with attachment) to Chairman McLain from John Saboor and Doug Barclay, Central FL Sports Commission, re: September activity report.

 

7.          Copy of letter dated 10/8/04 to Governor Jeb Bush from Mary Kay Cariseo, FL Assoc. of Counties, re: appreciation of federal cost sharing following hurricane disasters.

 

8.          Notice of 10/26/04 Orange County/UCF Campus Development Agreement public hearing.

 

9.          Letter dated 10/11/04 (with attachment) to Chairman McLain from Gary Earl, Workforce Central FL., re: New Business Model Award-Honorable Mention to Workforce Central FL by the U.S. Dept. of Labor Employment & Training Administration.

 

10.         Letter dated 10/7/04 to BCC from Suzanne Allen re: storm debris site near Village of Sutters Mill.

 

11.         Notice of 10/20/04 Seminole County Port Authority (SCOPA) meeting.

 

12.         Copy of form letter dated 10/5/04 to Seminole County Voters from Kevin Grace, County Manager, re: ballot referendum, Amendment to Seminole County Home Rule Charter for Urban/Rural Boundaries.

 

13.         Copy of letter dated 10/10/04 to Bob Adolphe, Environmental Services Director, from Nancy Gildersleeve, Gayle Howell, Richard Hyde, Michael Salvatore and Walter Stesney, Tuska Ridge HOA, re: sewage back-up from lift station.

 

14.         Copy of memorandum dated 10/21/04 (with attachment) to Trails Advisory Committee from Engineering/Special Projects Team re: future trail funding program and projects.

 

15.         Copy of letter dated 10/12/04 to Congressman John Mica from Chairman McLain re: Federal Highway Administration Emergency Relief (ER) Fund for Hurricanes.

 

16.         Letters (various dates) to BCC re: appreciation for debris collection and recovery effort following hurricanes from: William Friedman; Jeremy Smith; and Da-In Park.

 

17.         School Highlights, 10/19/04 edition, from The School Board of Seminole County.

 

18.         Copy of letter dated 10/14/04 (with attachment) to Governor Jeb Bush from Kirby B. Green, SJRWMD, re: FY 2004-05 Florida Forever Work Plan Annual Update.

 

19.         Letter dated 10/15/04 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: free “All PAK” preview for Digital or High-Definition service customers.

 

20.         Notice of 10/20/04 Sanford Waterfront Master Plan Steering Committee meeting.

 

21.         Memorandum dated 10/15/04 (with attachment) to Chairman McLain from Harry Barley, MetroPlan Orlando, re: Florida “Street Smarts” Bike Safety Guide.

 

22.         Parks/Recreation Contracts, as shown on page _______, for the following: Slow-pitch Softball Scorekeepers (Arlene M. Dalton and Conner Renshaw) and Slow-pitch Softball Umpire (Ramon Candelaro). 

 

23.         Notice of 10/21/04 Seminole County Public Safety Coordinating Council meeting.

 

24.         Copy of memorandum dated 10/15/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

25.         Copy of letter dated 10/19/04 to Animal Services from Abby Abelowitz re: appreciation for service rendered her animals at the Lyman High School pet-friendly hurricane shelter.

 

26.         Copy of letter dated 10/18/04 to Suzanne Allen from David Gregory, Solid Waste Manager, re: vegetative debris staging site near Dike Rd.

 

27.         Notice of revised 10/25/04 City of Winter Springs Community Development Dept. public hearing-annexation re: 1740 Deleon St. (cc: BCC, County Managers, County Attorney, Planning Manager, Elections Supervisor, Property Appraiser)

 

28.         Notice of 10/25/04 City of Casselberry public hearing-annexation re: property on north side of Howell Branch Rd. near SR 436. (cc: BCC, County Managers, County Attorney, Planning Manager, Elections Supervisor, Property Appraiser)

 

29.         Letter dated 10/15/04 to BCC from Jane Greydick re: opposition to Oviedo cell tower. (cc: BCC, County Managers, Planning Manager)

 

30.         Notice of 10/25/04 City of Sanford public hearing-annexation re: property between Holloway Ct./Vihlen Rd. and New Upsala Ln./Upsala Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

31.         Memorandum dated 10/22/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $131,921 for Jail Security System.

 

32.         Copy of letter dated 10/22/04 (with attachment) to John Drago, Longwood City Manager, from Kevin Grace, County Manager, re: Charter Amendment/Rural Boundaries.

 

33.         Letter dated 10/21/04 to Chairman McLain from Bill Raley and Sophia O’Keefe, Progress Energy, re: hurricane damage recovery.

 

34.         Letter received 10/22/04 (with attachment) to Chairman McLain from Kate R. Landis re: concerns of possible Sunshine Law violations by the Seminole County School Board.

 

35.         Fax dated 10/22/04 to Commissioner Henley from Peggy Green re: Seminole Chronicle newspaper article of 8/13/04 re: Big Oaks Ranch, Chuluota.

 

36.         Notice of 11/9/04 Seminole County Expressway Authority meeting.

 

37.         Memorandum dated 10/12/04 (with attachment) to BCC from Donald L. Jernigan, Florida Hospital, re: State constitutional amendments on the 11/2/04 ballot concerning health care issues.

 

38.         Press release for 11/10/04 Volusia County Transportation Disadvantaged Local Coordinating Board (TDLCB) public hearing.

 

39.         Orlando/Orange County Convention & Visitors Bureau 10/04 edition of Orlando newsletter.

 

40.         Copy of letter dated 10/20/04 (with attachment) to Kevin Grace, County Manager, from Sandra S. Glenn, ECFRPC, re: 2004-05 Annual Assessment.

 

41.         Letter dated 10/19/04 to Chairman McLain from Linda Gregory and Jim Berko, Seminole Community Mental Health Center, Inc. re: 2004/05 Community Service Agency funding.

 


COUNTY ATTORNEY’S REPORT, CONTINUED

     Assistant County Attorney, Steve Lee, addressed the Board to advise he appeared before the Winter Springs Commission last night to speak on behalf of the County with regard to the Rook property annexation.  He stated that in his opinion, the City did not meet the intent of the Statutes with regard to notification; therefore, he recommended the Board authorize his office to appeal the annexation.  He said he feels this is an abuse of the annexation process and added that the property is located in the proposed rural charter amendment area.  Discussion ensued. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley to authorize the County Attorney to appeal the City of Winter Springs annexation of the Rook property. 

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

     County Attorney, Robert McMillan, advised the City of Winter Springs did file suit with regard to the proposed Charter Amendment for the rural area.  However, the Judge has ruled that the election will go forward and a hearing date has been set for November 16, 2004.  He also advised that the County may also be sued by the City of Casselberry and if that occurs, he will determine how to consolidate the suits. 

     Mr. Grace advised he received a letter from the City of Casselberry invoking the dispute resolution concerning this matter. 

     Motion by Commissioner Maloy, seconded by Commissioner Morris to give the County Manager the authority to waive the dispute resolution process with the City of Casselberry with regard to the proposed Charter Amendment for the rural area. 

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

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     The meeting was recessed at 2:25 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners (with Commissioner Henley entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PUBLIC HEARINGS

APPEAL OF BOA/Micah Savell

     Continuation of a public hearing to consider an Appeal against 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) 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.

     Francisco Torregrosa, Planning, addressed the Board to state after consulting with the County Attorney’s office and reviewing documents pertaining to the zoning history of this property, staff has determined that the developer commitment agreement prepared and signed by the applicants, following a partial rezoning of the PUD during the March 12, 2002 meeting, is in disagreement with the prepared staff report and the statements made during that meeting.  This document excludes commercial uses, which were allowed by a previous development order approved in 1990, and neither the applicant nor staff requested that the permitted uses be removed on the commercial tracts.  Staff’s report, during the 2002 rezoning hearing, states that in the commercial tract allowable uses would be as permitted in the C-1 district with additional uses being car washes, gasoline pumps and drive-thru restaurants.  Therefore, staff believes that the proposed use of gasoline pumps accessory to a convenience store should be a permitted use in this PUD, thus a special exception would not be required.  Unfortunately, the signed Developer’s Commitment Agreement and approved final Master Plan submitted by the applicant in 2002 did not contain language that specified any of these additional uses as permitted in the PUD.  This discrepancy was discussed with the applicant and he was advised to either  (1) Apply to amend the PUD to reinsert the original uses or (2) Apply for a special exception.   The applicant chose to apply for the latter.  The Board of Adjustment (BOA) unanimously denied the applicant’s request.  The BOA based their decision on the potential of the proposed development to adversely impact the public interest by creating a cut-through path along the service drive of the proposed convenience store.  They felt the result would be the avoidance of the traffic signal at Tuskawilla and SR 426 and the subsequent generation of undue traffic adjacent to the existing townhomes.  Staff recommends approval of the request based on their findings with conditions.

     At the request of Commissioner Maloy, Mr. Torregrosa reviewed the permitted uses in the PUD that were approved in 1990.  He stated it was rezoned in 2002 from PUD to PUD to allow the townhomes to be there.  He also reviewed the uses that were not allowed in the PUD.  He stated in the second one there was not a list of prohibited uses for C-1 zoning. 

     Mr. Torregrosa informed Commissioner Maloy that the applicant signed the development order in 2002 with no reference to gas pumps and that right was given up.  He stated Mr. Daly made comments during that hearing that “none of the conditions regarding commercial property will be changed from the existing PUD.”   

Upon inquiry by Chairman McLain, Mr. Torregrosa advised during the rezoning hearing, it was not the applicant or staff’s intent to remove those permanent uses.  He read a statement in the DRC comments of what should be included in the development order.

     Upon inquiry by Commissioner Maloy, Robert McMillan, County Attorney advised when the master plan came the comments on the plan did not reference the gas pumps and they were included in the development order.  Gas pumps are a special exception in C-1 zoning and staff suggested that the applicant could apply for an amendment to the final master plan or they could apply for a special exception.  The applicant chose the special exception and the BOA denied it.

     Tom Daly, Daly Design Group, addressed the Board to display a copy of Development Order #90-0796 (received and filed). 

     Commissioner Henley entered the meeting at this time.

     Mr. Daly continued by stating the original Development Order #90-0796 indicates that gasoline pumps, car wash and drive-through restaurants shall be permitted east of Central Drive.  It also states that no bars, lounges, taverns, billiard parlors or other establishments devoted primarily to serving alcoholic beverages shall be permitted on the entire property.  He displayed a copy of the Conceptual Site Plan for Trinity Retail Center and staff’s report (both received and filed) and stated that staff’s report indicates that allowable uses would be permitted in the C-1 district with additional uses being car washes, gasoline pumps and drive-thru restaurants.  He reviewed the prohibited uses.  He stated in his presentation to the Planning & Zoning Commission, he indicated that they are proposing to maintain the two current commercial outparcels with the previously approved uses.  He stated he indicated at the BCC meeting that none of the conditions regarding commercial property would be changed from the existing PUD.  He submitted a copy of the minutes (received and filed) referring to these issues.  He displayed a copy of the signed Development Order #1-20000027 (received and filed) and stated of the 25 conditions that were approved, two indicate that “parking spaces of 9˝ ft. in width shall be permitted on the commercial parcels only,” and “Commercial lots shall be subject to active/passive buffer standards on their south property line.”  This signed development order is completely silent on the commercial uses and prohibited uses.  He stated this is a plan that has a scrivener’s error on it and they have a development order that doesn’t state any uses.  He said he feels that his company made a scrivener’s error relative to the plan and staff didn’t include any of the prohibitions.

     Upon inquiry by Chairman McLain, Mr. McMillan advised bars could be included on the property if it is not prohibited in the development order.  He stated the one issue here is what did the Board approve during that hearing. 

     Upon further inquiry by Chairman McLain, Mr. McMillan advised if this is not cleared up tonight, the applicant has the right to put those restrictive uses in because it is not in the development order.  He stated he believes the appropriate way to handle this is to put those in as a condition to the special exception.  The original recommendation is to amend the final master plan.

     Mr. Daly stated their contract purchaser took this through the process and after discussing with staff, they felt that the DCA route would be appropriate.

     Upon inquiry by Commissioner Maloy, Mr. Daly advised he did not attend the BOA hearing and he doesn’t believe that was brought up at that hearing.  He stated what he would like to do is to resolve this matter on the development order by looking at it as a scrivener’s error.  He said if they can get through this hurdle, then he is willing to make commitments to the proposed conditions relative to landscaping and lighting. 

     Upon inquiry by Commissioner Maloy, Mr. Daly advised he would like approval of the gas pumps this evening, but clarify that the car wash or drive-thru restaurants would be permitted uses.  He stated he doesn’t agree with the restrictions regarding the hours of services as recommended by staff.

     Upon inquiry by Commissioner Morris, Mr. Daly advised what he is trying to do is reestablish the rights they thought they had when the original development order was approved.  He is willing to discuss some of the conditions placed on the gas station when it was presented during the DCA.

     Upon inquiry by Commissioner Morris, Mr. McMillan advised he believes the Board can grant a special exception with conditions but they are making it like a PUD amendment.  Obviously it was an oversight and the record does not show that it is an oversight.  The motion was to adopt the development order submitted to the Board by staff with additional conditions added to it.  Once the document is signed, that is the zoning of the property.  Hopefully, staff and the property owner reviewed it to determine if it is accurate.  Once the document is signed, all the negotiations and discussions are not evidences any more.  If the Board is convinced that it was their intent at that time, they can cure part of it by granting the special exception for the gas pumps.  The better way to do this was to do a PUD amendment.

     Commissioner Morris stated he would be curious to see what the District Commissioner’s intent was at that time.  He stated he feels that since the applicant is applying for a special exception, he is altering the original action taken by the Board.

     Mr. McMillan stated the applicant applied for a special exception and the BOA denied it.  This Board must make a decision on this issue.  One of the options that was given to the applicant was to withdraw the appeal and then apply for the amendment or proceed with the appeal.  The Board can encourage them to come back and do a PUD amendment.

     Mr. Daly stated there was an original scrivener’s error on this particular development order and staff informed them that it needed to be modified.

     Upon inquiry by Commissioner Henley, Don Fisher, Deputy County Manager, addressed the Board to state he believes the Planning Manager reviewed certain excerpts from different portions of different meetings, but he doesn’t know if he watched the entire hearing.  Staff came to the conclusion that a final master plan and development order did not list these as permitted uses.  The Board acted on that with no conditions or caveats.  From staff’s standpoint, this is a legitimate appeal of a special exception.  He stated he would recommend the Board consider this matter tonight and staff will process any amendment in the proper form to clean up the permitted uses that need to take place and bring it back to the Board at a later date in a different process. 

     Rebecca Martin Easterly, Ashford Townhomes, addressed the Board to state during the time of negotiations with Centex Homes, she was clearly told that the area behind her would remain a green area.  She stated she is aghast of what the Board is about to do with this.  She asked why would the Board say OK to gas pumps when it wasn’t written in the master plan.  She said she doesn’t want them in her area.  She asked the Board if they would feel safe and secure in their neighborhood if they lived in this area.  She begged the Board to not sweep this under the rug, but make them do their work.

     Upon inquiry by Chairman McLain, Ms. Easterly advised she understands there are development rights on this property and it can be developed.  She stated since it was not written in the master plan, she would ask the Board not to put gas pumps on this property.  She added the County Attorney has indicated that the Board shouldn’t amend that. 

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     District Commissioner Maloy stated there are two gas stations at the corner and he is not real thrilled having another gas station.  He said at the previous meeting, he recalls that there were discussions relative to buffering next to residential with townhomes.  When the Deep Lake issue came through, there were issues of C-1 and C-2 and it is closer to residential.  He stated Mr. McMillan indicated that the cleanest way to do this is to amend the final master plan.  He said he feels this would be the process of putting everything on the table relative to setback conditions and additional uses.

     Upon inquiry by Chairman McLain, Mr. McMillan advised the fact that C-1 uses are allowed here, that specifically would permit them coming in and asking for a special exception for gas pumps.  He stated tonight is the first time he has heard that there were other uses that were supposed to be prohibited and that broadens the issues.

     Upon inquiry by Commissioner Van Der Weide, Chairman McLain advised the other issues could be addressed if the applicant voluntarily came back for an amendment to the master plan or goes through the second process. 

     Mr. McMillan stated the Board could grant the special exception with a condition that a final master plan amendment be processed which reinstates the information in whole.

     Commissioner Maloy stated he would recommend upholding the BOA and allowing the whole issue to come back as an amendment to the final master plan so that all the issues can be addressed.

     Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised he is not sure if the Board can deny the request and then direct the applicant to bring anything back.  He stated the Board might be able to grant the request and put a condition on it.  The Board can ask staff to submit an administrative action of the PUD.

     Chairman McLain asked if there are any restrictions on the timeline for the applicant to request any changes if the Board upheld the BOA and denied the request.

     Mr. McMillan stated the applicant would be limited to request another special exception for the same issue.

     At the request of Chairman McLain, Mr. Torregrosa reviewed the uses that were restricted on the prior development order.

     Mr. McMillan stated the development order prohibits those but even without the prohibition, the majority of those would require a special exception and they wouldn’t be permitted uses as of right.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to uphold the Board of Adjustment, thereby, denying the request for a Special Exception to establish gasoline pumps as an accessory use to a convenience store in the PUD (Planned Unit Development) 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.

     Under discussion, Commissioner Maloy stated he feels the character of that corner has changed a lot and this scenario is unfortunate because it puts them in a bad situation.  He said he believes the cleanest way to address this is go through a PUD amendment.

     Mr. McMillan informed Chairman McLain that he would not define it as a scrivener’s error.  The development order is ambiguous within its four corners of the documents and this one is not.  What they are saying is it does not reflect what they believe the intent was done that night.

     Commissioner Morris stated if they do come back for a PUD amendment, he would like staff to review the tape of that meeting for verification.

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

APPEAL AGAINST BOA/Bob Chopra/Cingular Wireless

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against 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, Bob Chopra/Wireless Facilities/Cingular Wireless, LLC, received and filed.

     Chairman McLain stated staff received a letter from the applicant requesting a continuance to December 14, 2004 at 7:00 p.m.  He stated he discussed this with the County Attorney and he has no objections to the request.  He recommended continuing this item to December 14, 2004.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to continue to December 14, 1004, at 7:00 p.m., or as soon thereafter as possible, an Appeal against 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, Bob Chopra/Wireless Facilities/Cingular Wireless, LLC.

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

ITEMS FOR FUTURE AGENDA

     Gloria Wade, 120 N. Fairfax Ave., addressed the Board to state she wrote to the Board on September 29, 2004 and she is here on behalf of the Protectors of Companion Animals.  She said she has no connection with the Task Force.  She stated the County did a wonderful thing when they placed a mandate that an animal must be spayed or neutered before they are adopted.  There are so many other things that need to be done at that facility. 

     Chairman McLain stated the Board discussed this item this afternoon and they directed the Animal Control Board to do a complete evaluation of that facility and to submit their recommendations on what things need to be done.  They will report to the Board sometime next year so it will be discussed during their Budget work sessions for 2005. 

     Commissioner Morris stated the process doesn’t move as fast as the citizens would like.  He stated the Board has asked the Animal Control Board to review and come back with a priority listing and cost analysis.

     Speaker Request Form was received and filed.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:45 p.m., this same date.

 

 

 

ATTEST:______________________Clerk______________________Chairman

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