BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

OCTOBER 28, 2003

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, October 28, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)(Late)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Minister Ken Learned, New Tribes Mission, gave the Invocation.

     Chairman McLain led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

     Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-174, as shown on page _________, proclaiming November 1, 2003 as “Alzheimer and Dementia Awareness Day” and to proclaim the month of November 2003 as “Alzheimer Awareness Month”.

     Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to Shellie Brassler, Executive Director, Community Relations, Alzheimer Resource Center, who presented the Board with small bouquets of flowers in token of their appreciation. 

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     Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-171, as shown on page _________, commending Seminole County Government (SGTV) for its six national awards by the National Association of Telecommunications Officers and Advisors (NATOA) for 2003.

     Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to the members of SGTV group.  Matt Chesler, Information Technology, addressed the Board to express his appreciation and to introduce staff members of the Sheriff’s Office, Dept. of Public Safety, Seminole Community College and Seminole Cultural Arts Council who have produced the awarding winning shows.  A brief video (not received and filed) presentation was shown to the Board.

     Commissioner Morris expressed his appreciation for the remarkable improvement, the quality and the technical presentations of the programs.  He stated he feels it would be nice for the County to rededicate their efforts to pulling in more work with the school system. 

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     Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-175, as shown on page _________, proclaiming November 16, 2003 as “Retired Educators Day”. 

     Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to Queen Esther Jones, President of the Seminole County Retired Educators Association, who expressed her appreciation.

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     Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-173, as shown on page ________, proclaiming November 13, 2003 as “National Philanthropy Day”.

     Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to Sherry Fincher, Florida Hospital, who expressed her appreciation.

COUNTY MANAGER’S CONSENT AGENDA

     Chairman McLain advised that Item #16, Waive the Procurement Process and M-401-03 to Metropolitan Systems, Inc., has been pulled from the agenda.  He stated there are two add-on Items, #10A, Budget Amendment Request in the amount of $700,000, and #16A, Waive the Procurement Process and Award M-401-03 to de la Parte & Gilbert of Tampa. 

     Commissioner Maloy stated he would like clarification relative to Item #10A, Budget Amendment Request for $700,000.  He stated he has had a couple of feedbacks that Seminole Community College has not agreed to enter into an agreement to do the burn building. 

     Ken Roberts, Public Safety Director, addressed the Board to advise the County does not have an agreement with them to date, but he understands that they are prepared to move forward with it. 

     Commissioner Maloy stated he would like to get something in writing to that effect.

     Commissioner Maloy stated relative to Item #28, Approve Joint Participation Agreement with the Florida Dept. of Transportation, he would like to make sure that the Starlight Drive enhancement is done in a quick manner. 

     Commissioner Van Der Weide entered the meeting at this time.

     Commissioner Maloy stated he would like an explanation why they were doing Item #29, Approval of Interlocal Agreement with the City of Oviedo. 

Jerry McCollum, County Engineer, addressed the Board to advise the City of Oviedo has requested that Lake Charm Drive, Division Street and Palm Drive be transferred to them.

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

ADMINISTRATIVE SERVICES

SUPPORT SERVICES

 5.  Approve and authorize Chairman to execute a Progress Energy Distribution Easement, as shown on page ________, on Parcel #27-20-30-501-0000-0140, for utility connections to the new Environmental Studies Center located at 2985 Osprey Trail, Spring Hammock Preserve, Longwood.

 

Environmental Services

 6.  Approve the Amended and Restated Agreement, as shown on page _________, between South Seminole North Orange County Wastewater Transmission Authority (SSNOCWTA) and Seminole County for Wastewater Transmission Service.

 

Economic Development

 7.  Approve and authorize Chairman to execute Master Agreement, as shown on page _________, for services to be provided by the Economic Development Commission of Mid-Florida for Fiscal Year 2003/2004; and approve and authorize Chairman to execute 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 2003/2004.

 

Fiscal Services

Budget

 8.  Budget Amendment Resolution #2003-R-172, as shown on page _________, $17,000 – Community Services – Fund: 00100 – General Fund.   A budget appropriation of funding is needed to set up a cost center to execute the Shepard’s Care Ministries adoption contract that was inadvertently excluded from the FY 03/04 Budget.  All revenues to fund this contract are received into the General Fund through the purchase of “Choose Life” license plates and Florida Statutes mandate that these funds must be used to promote adoptions in Seminole County.  The budgetary balance remaining in General Fund Reserves after this transfer is $5,031,590.

 9.  Budget Amendment Resolution #2003-R-176, as shown on page ________, Community Information Department: $622,826 – 00100 – General Fund and $487,006 – 10101 – Transportation Trust Fund.  Creation of the Community Information Department approved through Board action September 23, 2003.  The department’s creation is funded neutral with the merging of current appropriations from both the Information Technologies and SGTV departments.

10.  Budget Amendment Resolution #2003-R-177, as shown on page ________, $65,647 – Supervisor of Elections: 00100 – General Fund.  To recognize receipt of revenue of $65,647 from the State for mandated voter education programs and authorize a 15% match of $9,847.  The matching funds are available from current appropriations in the Supervisor of Elections FY 03/04 Budget.

10A. Budget Amendment Resolution #2003-R-178, as shown on page _________, $700,000 – Public Safety: 11200 – Fire Protection Fund.  On October 14, 2003, the Board approved the purchase of property located at 201 Valentine Way, Longwood, Florida, for use as a Fire/Rescue Emergency Training Center for a total cost of $2.375 million.  The contract for sale and purchase requires a payment in the amount of $1.7 million in October 2003 and the remaining $675,000 in October 2004.  The fiscal year 2003/2004 budget includes an appropriation of $1.0 million for this project; with an additional $700,000 being transferred by this action from “Reserves” to “Construction in Progress” to allow for the first payment.  The Reserve balance after this transfer will be $1,254,708 (above 3%).

MSBU

11.  Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Amparo and Kenneth Titmus for the Chula Vista Road Paving and Drainage Municipal Services Benefits Unit.

12.  Authorize County Manager to execute a Street Lighting Agreement, as shown on page ________, between Seminole County and Florida Power & Light for the installation of a street light in the Midway Street Lighting Service Benefit Unit.

Purchasing

13.  Award CC-1216-03/TLC, as shown on page ________, Mayfair Oaks Subdivision Barrier Wall to Contemporary Construction Southeast, Inc., Holly Hill ($171,200.00).

14.  Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _________, for FC-1142-00/BJC – CR 427 – Phases V & VI Road Construction with Bergeron Land Development, Inc., Kissimmee.

15.  Approve Renewal #1 to RFP-4126-01/BJC – Wood Waste Processing Services for Seminole County, with Consolidated Resource Recovery, Sarasota (December 14, 2003 through December 13, 2004) (Not to Exceed $1,500,000.00 per year).

16.  Pulled from the Agenda Request to Award M-390-03 Bus Bench Concession Agreement to Metropolitan Systems, Inc. of Orlando, FL ($25.00/bench/year payable to the County).

16A. Waive the Procurement Process and Award M-401-03, as shown on page _________, Environmental Legal Services Agreement to de la Parte & Gilbert of Tampa, Fl. (Not-to-exceed $250,000).

 

Planning & Development

Community Resources

17.  Approve and authorize Chairman to execute the following: (1) CDBG Subrecipient Agreement, as shown on page _________, to Golden Rule Housing and Community Development Corporation in the amount of $12,000; (2) CDBG Subrecipient Agreement, as shown on page ________, with Rescue Outreach Mission of Sanford Inc., in the amount of $25,000, and (3) ESGP Subrecipient Agreement, as shown on page _________, with Rescue Outreach Mission of Sanford, Inc. in the amount of $32,200.

18.  Approve and authorize Chairman to execute four (4) HOME Program “Assignment and Assumption Agreements, as shown on page _________, with Consent” for Fiscal Years 1999/2000, 2000/2001, 2001/2002 and 2002/2003 between Seminole County and Volusia County.  

19.  Approve and authorize Chairman to execute ten (10) Satisfactions of Second Mortgage, as shown on page _________, for the following:  Gregory A. Nabe; Tonya M. Perry; William & Joanne Fugate; Laura J. Trader; Meals on Wheels, Etc., Inc.; Cheryl A. & Brian K. Chambers; Selentia Rodriguez; Nereida D. Schell; Michael V. Davidson; and Houshang & Amirpejman Peymayesh, for households assisted under the SHIP Program’s Home Ownership Assistance Program.

20.         Approve and authorize Chairman to execute the First Amendment, as shown on page ________, to the City of Sanford Subrecipient Agreement for infrastructure improvements to the Goldsboro Community.

Development Review

21.  Approve Final Plat of Lake Forest Section 10C containing 20 single family residential lots zoned PUD on a 8.319 acre parcel within the Lake Forest Planned Unit Development located on the north side of SR 46, west of N. Oregon Street and south of Orange Boulevard (Orlando Lake Forest Joint Venture, Richard D. Bavec, Senior Vice President).

22.  Approve Final Plat of Oviedo Crossing – Phase 4, consisting of 2 lots on a 22.912 acre parcel located at the most north westerly side of Red Bug Lake Road at the intersection of Slavia Road (The Viera Company, Stephen L. Johnson, Co-Vice President).

Planning

23.  Adopt appropriate Resolution #2003-R-179, as shown on page _________, to convert the Official Zoning Atlas and Future Land Use Maps to digital form.

 

Public Safety

Emergency Management

24.  Approve and authorize Chairman to execute the Citizen Corps/CERT (Community Emergency Response Team) Grant, as shown on page _________, under FEMA funding in the amount of $25,000. 

 

Public Works

Administration

25.  Approve and authorize Chairman to execute the First Amendment, as shown on page __________, to the Interlocal Agreement between Seminole County and the City of Altamonte Springs relating to the 1991 One Cent Local Option Sales Tax. 

Engineering

26.  Adopt Resolution #2003-R-180, as shown on page ________, accepting three (3) Quit Claim Deeds, as shown on page _________, from (1) Robert Pitts, a single man; (2) Markham Woods Presbyterian Church, Inc., and (3) First Baptist Church Markham Woods, Inc., to Seminole County for property necessary for roadway improvements to Carter Road. 

27.  Approve and authorize Chairman to execute and approve payment ($6,998.00) of a Quit Claim Deed, as shown on page ________, (CSX Transportation, Inc. to Seminole County) for Parcel 202-Part B, Parcel 202-Part C, Parcel 802-Part A and Parcel 802-Part B for East Lake Mary Boulevard – Phase III project. 

28.  Approve and authorize Chairman to execute the Joint Participation Agreement, as shown on page _________, with the Florida Department of Transportation to facilitate the Installation and landscaping improvements on State Road 426 from State Road 417 to Red Bug Lake Road.

29.  Approve and authorize Chairman to execute the Seminole County and City of Oviedo Interlocal Agreement, as shown on page _________, relating to a Portion of Division Street, Lake Charm Drive and Palm Drive.

30.  Approve and authorize Chairman to execute “Purchase and Construction Agreement”, as shown on page ________, between the County and Bentley Park Associates, Ltd., conveying fee simple property to the County for drainage improvements to land adjacent to the County’s newly improved CR-46A roadway.

Road Operations/Stormwater

31.  Approve acceptance of Permanent Drainage Easement Agreements, as shown on page _________, from the following:  (1) Michael A. Tesinsky and John P. Tesinsky, 2385 West State Road 426, Oviedo, Florida; (2) FPL Fibernet, LLC, 9250 West Flagler Street, Miami, Florida and (3) Dale S. Perry and Cathy Perry, 2320 Church Street, Oviedo, Florida.

32.  Approve acceptance of Permanent Drainage Easement Agreements, as shown on page ________, from the following: (1) Gary M. Winter and Darlene L. Winter, 316 Forest Park Circle, Longwood, Florida, (2) Claude A. Reed and Beverly W. Reed, 386 Forest Park Circle, Longwood, Florida and (3) Gerald Loss and Joanne E. Loss, 392 Forest Park Circle, Longwood, Florida.

 33. Approve acceptance of the Permanent Drainage Easement Agreements, as shown on page _________, from the following:  (1) Robert W. Brooks and Dorothy M. Brooks, 304 Forest Park Circle, Longwood, Florida, (2) Edson N. Bacchus and Roseanne J. Bacchus, 308 Forest Park Circle, Longwood, Florida, and (3) David M. Franze and Laraine O. Franze, 312 Forest Park Circle, Longwood, Florida. 

34.  Authorize release of the following Road Maintenance Bonds: (1) #33-120 ($7,600.00) for the Spolski Off-Lex Building; (2) #180544 (15,724.24) for the Master’s Academy – Slavia Road; (3) #69228877 ($13,000.00) for the Seminola Lake Building/Seminola Blvd. Turn Lane; (4) #103686689 ($7,825.00) for the Cameron Office Complex; and (5) #6111124-2 ($3,318.00) for the Park Maitland Villas.

 

Tourism

35.  Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and the Central Florida Zoological Society, Inc. in the amount of $270,000.

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

36.  Approve issuance of a binding Offer of Judgment for Parcel Numbers 115 and 116, of the Airport Boulevard Phase Ill road improvement project, located on the north side of Country Club Road near intersection with Airport Boulevard, in an amount not-to-exceed $270,000.00, Centrex Corporation Ltd. property.

37.  Approve issuance of a binding Offer of Judgment for Parcel Numbers 105/705/805, of the East Lake Mary Boulevard Phase I road improvement project, located at 1201 Cornwall Road, Sanford, in an amount not-to-exceed $200,000.00, Humphrey Realty Corp. property.

38.  Approve proposed settlement relating to Parcel Number 222 of the East Lake Mary Boulevard Phase IIB road improvement project, located at the northwest corner of State Road 46 and State Road 415, in the amount of $64,000.00, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs, Deen property.

39.  Approve proposed settlement relating to Parcel Numbers 217/817 of the East Lake Mary Boulevard Phase IIB road improvement project, located at the southeast corner of Beardall Avenue and Bridges Road, in the amount of $75,000.00, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs, Fornasier property.

40.  Approve and execute Purchase Agreement, as shown on page __________, and approve proposed settlement relating to Parcel Numbers 224/824A & B of the East Lake Mary Boulevard Phase IIB road improvement project, located on South Cameron Avenue, Sanford, in the amount of $60,000.00, inclusive of attorney’s fees and costs, whichever occurs first, Layer/Piloian property.

 

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

CONSTITUTIONAL OFFICERS CONSENT AGENDA

     Maryanne Morse, Clerk of the Circuit Court, addressed the Board to present a check to the County in the amount of $1,603,817.63 for unused user fees ending FY 2002/2003.

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

CLERK’S OFFICE

41.  Expenditure Approval Lists, as shown on page ________, dated October 7 & 14, 2003; and Payroll Approval Lists, as shown on page ________, dated September 25 & October 9, 2003.

 

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

 

          Dan William Daly, Jr. & American Bankers Ins. - $1,538

          Donald Lee Jackson & Capitol Preferred Ins. Co. - $2,538

          Hubert Lee Williams & Accredited Surety & Casualty - $1,038

          Katherine C. Wells & American Bankers Ins. Co. - $306

          Doyle H. Woody & Accredited Surety & Casualty - $1,038

 

43.  Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:

 

     Juan Jose Albornozgalvis, #02011670MM - $260

     Jennifer Courtney Anderson, #93000629MM - $200

     Ralph Beeson, Jr., #03005373MMA - $260

     Rudell Mason Brice, #03002887MMA - $260

     Thomas James Brown, #02002873CFA - $200

     Travis Carl Brown, #03001258MMA - $200

     John David Buscemi, #856531MM - $150

     Cornell Daniels, #03003583MMA - $100

     Rhonda Dietz, #94000763CFA - $350

     Hal Burton Fountain II, #02009510MMA - $260

     Ann Gibbs Fratt, #03001946MMA - $100

     Dale Garman, #03005523MMA - $100

     James F. Harding, #00000915MM - $200

     Jeffrey Michael Harrison, #96008548MM - $25

     Sarah Hessenabdala, #03005566MMA - $100

     Collin C. Hughes, #03002622MMA - $200

     William Jones, #98008294MM - $100

     William Jones, #98008294MMA - $200

     Steven George Koppe, #97002643MMA - $200

     Phillip Earl Leftwich, #847346MM - $125

     Sylvia Jean Leonides, #03006789MMA - $100

     Robert M. McCormick, #97005951MM - $200

     Charles Edward McNeel, #97010368MM - $100

     Michael A. Merkt, #91001122CFA - $150

     Linda Louise Moreland, #03006388MMA - $260

     Giovanny P. Santiago, #02000651CFA - $200

     Kathryn Simmons, #99001395CJA - $150

     Julia Spann, #97010890MM - $200

     Daniel Adam Taylor, #02001151MM - $200

     Jeffrey Joseph Thatcher, #02007692MMA - $200

     Jeffery Paul Thrash, #03003544MMA - $100

     Marc Hampton Treadway, #02007173MMA - $260

 

44.  Noting, for information only, the following Clerk’s received and filed:

 

 1.  Memo from Gail Blackwelder, Road Operations & Stormwater Division to Sandy McCann, Commission Records, submitting USGS Joint Funding Agreement, as shown on page _________, for Water Resources Division.

 

 2.  Recorded Resolution #2003-R-151, as shown on page _________, relating to Department of Community Information.

 

 3.  Drainage Easements, as shown on page _________, for Landstar Development Corporation relating to Tracts C & F, Preserve at Astor, Phase 2.

 

 4.  IFB-3063-03 Sodium Hydroxide Purchase Agreement, as shown on page _________, Harcross Chemicals.

 

 5.  Proof of publication, as shown on page _________, relating to Value Adjustment Board Exemption hearings scheduled for October 16, 2003 and November 7, 2003.

 

 6.  Interoffice Memo to Sandy McCann, Commission Records, from Buddy Balagia, Community Development, regarding outstanding Planning & Development documents.

 

 7.  Work Order #5, as shown on page _________, to RFP-484-00. 

 

 8.  Work Order #18, as shown on page _________, to PS-574-01. 

 

 9.  Work Order #13, as shown on page _________, to PS-585-01. 

 

10.  Development Orders, as shown on page _________, as follows:  Brian McDonald & Eva Hoar Special Exception; Valerie & Jerome Simonson Special Exception; Sean DeVaney Variance; Sandra Spessard Variance; Leonel Sanchez, Jr. Variance; Mark Zayas Variance; Audrey Fitzgerald Variance; Michael Culver Variance; Robert Topper Variance; Patricia Simmons & Banita Borders Special Exception; William & Laura Periord Variance; Francis & Janice Hurley Variance; Paul Wilson Special Exception; Dennis Pearson Variance; Curtis & Janet Mann Variance; Bryan & Ann Basler Variance; Ken & Monica Barr Variance; Steven & Jacqueline Rhody Variance; Mirjana & Rolland Pendegrass Variance; Mirjana & Rolland Pendegrass Variance; Rolland Pendegrass Variance; La Amistad Foundation Special Exception; and Centex Homes Land Use Amendment.

 

11.  RFQ-0125-03, as shown on page _________, Compensation & Benefits Analysis Services Agreement, Palmer & Cay Consulting Group.

 

12.  RFP-4159-02, as shown on page _________, Library Annual Continuation, Baker & Taylor.

 

13.  RFP-4200-03, as shown on page _________, Choose Life License Plates Annual User Fee Proceeds Agreement, Adoption by Shepherd Care. 

 

14.  Work Order #1, as shown on page _________, to PS-5140-03. 

 

15.  Memorandum to Denes Balo, Clerk’s Finance, from Sandy McCann, County Commission Records, acknowledging receipt of Amended Budget for FY 2002/2003.

 

16.  Memorandum to Jerry McCollum, County Engineer, from Herbert Zischkau, Assistant County Attorney, re:  Direct Pay Request regarding Seminole County v 7-Eleven, et al.

 

17.  Notices of Application for an Extension of Water and Wastewater Service Areas from Alafaya Utilities, Inc. 

 

18.  Conditional Utility Agreement, as shown on page _________, for sewer service with Red Bug Cambridge, LLC for the project known as Cambridge Prep School.

 

19.  Satisfactions of Connection Fees, as shown on page _________, for the projects known as Antigua Pointe-Tigua Development Corp. and Big Tree Crossing Ph. 3 Lot 9, James A. & James Hattaway.

 

20.  Conditional Utility Agreements, as shown on page _________, for water and sewer service with Oviedo Crossing Professional Plaza LLC for the project known as Physician Associates of Florida Medical Center.

 

21.  Order Approving Amendment and Closing Docket from Florida Public Service Commission regarding application for amendment of Certificate #189-S to extend wastewater service area in Seminole County by Sanlando Utilities Corp.

 

22.  Work Order #1, as shown on page ________, to Orange Co. Contract YO-903.

 

23.  Maintenance Bond #08690409-M, as shown on page _________, for water and sewer facilities in the amount of $29,885.17 for the project known as Markham Forest; and Private Road Maintenance Bond #103405256, as shown on page _________, in the amount of $30,124.90 for the project known as Waterstone Subdivision.

 

24.  Seminole County Expressway Authority Audit performed by Cherry Bekaert & Holland. 

 

25.  Second Renewal & First Amendment, as shown on page __________, to RFP-4116-01, Clyde Climer, M.D. 

 

26.         Work Order #1, as shown on page _________, to RFP-4133-01.

 

27.  Work Order #76, as shown on page _________, to FC-1139-00. 

 

28.  Letter to the BCC and County Manager from Pam Hastings, Public Works Department, regarding First Annual Road Impact Fee Pay-Back True-up.

 

29.  Work Order #12, as shown on page _________, to PS-585-01. 

 

30.  Certificate of Title, as shown on page _________, for Dunwoody Commons. 

 

31.  Notice of Commission Customer Hearings from Florida Public Service Commission regarding Docket Nos. 030867-TL, 030868-TL and 030869-TL.

 

32.  Bids as follows:  #IFB-3076-03 and PS-5147-03. 

 

SHERIFF’S OFFICE

45.  Authorize expenditure of $15,500 from the Law Enforcement Trust Funds for the following; (1) $500.00 contribution to New Hope for Kids, Inc., which operates the “Center for Grieving Children” and “Children’s Wish” programs; and (2) $15,000 for the purchase of drug free calendars. 

 

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

REGULAR AGENDA

     Pam Hastings, Public Works, addressed the Board to request authorization to terminate the Interlocal Agreement between Seminole County and the Seminole County School Board, including authorization for the Chairman to execute upon receipt of an executed original from the School Board; and execute Budget Amendment Request in the amount of $1,239,500.

     Kevin Grace, County Manager, addressed the Board to clarify that the Board had asked him to try to find $1/2 million for stormwater and this is a result of that.

     Motion by Commissioner Henley, seconded by Commissioner Morris to authorize terminating the Interlocal Agreement, as shown on page _________, between Seminole County and the Seminole County School Board, including authorization for the Chairman to execute upon receipt of an executed original from the School Board; and execute Budget Amendment Resolution #2003-R-189, as shown on page _________, in the amount of $1,239,500 for same.

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

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     Jeff Hopper, Planning, addressed the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement for Oakmonte Senior Villages located west of I-4 on the east side of Seminole Wekiva Trail; approximately 3,000 feet south of Lake Mary Blvd., Howard B. Lefkowitz, as outlined in the agenda memorandum.  He said Section V of Page 1 should be corrected as follows:  Open Space Required should be 5 acres and not 4.  He added the applicant has requested that the overall rate be dropped to 46.45% or 9.29 acres open space. He stated staff finds that the Master Plan and Developer’s Commitment Agreement are consistent with the Preliminary Master Plan, the approved Development Order, the Vision 2020 Plan and staff recommends approval. 

     District Commissioner McLain recommended approval subject to the amendments.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize Chairman to execute the Final Master Plan and Developer’s Commitment Agreement, as shown on page __________, for Oakmonte Senior Villages located west of I-4 on the east side of Seminole Wekiva Trail; approximately 3,000 feet south of Lake Mary Blvd., Howard B. Lefkowitz.

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

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     Cathleen Consoli, Planning, addressed the Board to request approval of the Minor Revision to a Developer’s Commitment Agreement (DCA) for Loma Vista PUD located on the west side of SR 426 (Aloma Avenue) and east of the Greenway between Dean Road and Mitchell Hammock Road, Steve Joos.  She stated the approved DCA required a 6-ft. masonry wall adjacent to the western property line.  The applicant is requesting a revision to the agreement to provide an 8 ft. concrete masonry wall on the property line.  This would allow the applicant to apply for building permits for the wall, bring the project into compliance with the Code Enforcement Board, and meet a stipulation for settlement that was reached with the applicant and the neighboring property owner.  The revised agreement reflects the following revisions:  Provide an 8-foot concrete masonry wall on the existing footers along the western property line and to locate a fire hydrant and associated water main at the southwest corner of the property.  Other revisions reflect the change in the title of the property owners.  The revised agreement meets the intent of the Stipulation for Settlement and resolves the inconsistency between the Developer’s Commitment Agreement, Final Master Plan and existing footers located on the site.  Staff recommends approval of the request.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Minor Revision, as shown on page _________, to the Developer’s Commitment Agreement for Loma Vista PUD located on the west side of SR 426 (Aloma Avenue) and east of the Greenway between Dean Road and Mitchell Hammock Road, Steve Joos, based on staff findings.

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

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     David Medley, Community Assistance, addressed the Board to present request for approval of the proposal for funding Substance Abuse Services; and authorization to issue an RFP.  He stated the services are put up for bid each year.  This proposal would be funded from some of the funds from the Community Services Agency grant program and the Drug Abuse Trust Fund.   In subsequent years this recommendation would be made as part of the regular budget process.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve funding Substance Abuse Services; and authorization to issue an RFP, with staff recommendations.

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

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     Mr. Medley stated there was a request for staff to bring back information relative to a request from O’Force for funding their activities within Seminole County.  He stated he has briefed each Board member with the exception of Commissioner Morris.  The O’Force is requesting funding projects at Crooms Academy and Seminole Community College (SCC).

     Commissioner Morris stated the Board had looked at the two programs and he understands the importance of the Crooms Academy and the SCC initiative with the automotive area. 

     Mr. Medley stated he spoke to the Principal of Crooms Academy and they are quite pleased with the services that O’Force is presenting to their students.  They are similar to what they have been doing for 10 to 12 years in their routine classes.  He stated he understands that the project at SCC relative to the automotive school is not being pursued at this point because of funding from private sectors.

     John Koenig, Executive Director of O’Force, addressed the Board to state he had proposed using matching grant monies from the County to launch a new program at SCC.  Their first option was to launch it in the automotive program and those funds would have been used to leverage funds from the industry.  The industry said that they do not have available funding at this time.  He said they are still pursuing other options, but a specific program has not been identified.  O’Force will not ask for funds at this time for that program. 

     Upon inquiry by Commissioner Morris, Mr. Koenig advised SCC currently receives funding from four school districts, three community colleges, the University of Central Florida, the Economic Development Commission, Orange County and numerous corporations in this region.

     Upon further inquiry by Commissioner Morris, Mr. Koenig advised if O’Force would proceed with a new program at SCC, they would come back at a later date to ask for additional money.  Discussion ensued.

     Commissioner Henley stated the Board is overlooking one key point and that is a commitment from the Seminole County School Board.  He stated the County does not have a request from the School Board for the County to participate in this.  He said he has had discussions with one of the School Board members and there was not a firm commitment to continue from that particular School Board member.  He stated he is in support of promoting skills and education, but unless there is a commitment and request from Crooms Academy and the School Board, the Board may be premature in moving forward with this item.

     Mr. Medley stated the agency has submitted budget information and it was submitted to the Board.  He stated he has never received a letter from Crooms Academy.

     Mr. Koenig stated he has had a lengthy meeting with one School Board member that Commissioner Henley is referring to and he was not aware that they have not sent a letter, but he will pursue that.  Seminole County School Board is the cofounder of O’Force and this year’s budget allocated $7,900 to support their continued work.

     Commissioner Henley stated he feels it is important that they get something in writing whether or not they want to continue the program.

     Upon inquiry by Chairman McLain, Mr. Grace advised he would recommend taking the funds out of the $44,000, which is General Fund money.

     Motion by Commissioner Morris, seconded by Commissioner Henley to approve up to $20,000 for the Crooms Academy Program, conditional upon a commitment from the School Board that they support this program; and authorize staff to come back with a report as to the success of the program.

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

     Mr. Grace stated he feels the liaison for this program should be Economic Development.

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     Margot Knight, President & CEO of United Arts of Central Florida, addressed the Board to display a PowerPoint Presentation showing an overview of where they play in the United Arts.  Pamphlets, “Orlando Arts Magazine” and “Financial Reports” were received and filed.  She displayed and reviewed slides of the following:  Flow Chart of the Organization; Direct Investment Back is $119,000; Project Grants in Seminole County; Education in Seminole County; Cultural Audience Development Initiative Phase I and II and Total Attendance; and Seminars/Workshops and Marketing.

     Upon inquiry by Commissioner Henley, Ms. Knight advised six organizations from Seminole County requested funds and all six of them received funds.  She informed Commissioner Henley what type of criteria is used in determining who receives an award.

     Mary Lou Anders addressed the Board to introduce those in attendance from the Seminole County Cultural Arts Council.  She displayed and reviewed the following slides:  Seminole Cultural Arts Council; Cultivating Growth of the Arts; 22.175 Grants Award to Seminole County Agency 501(c)(3)S Category I, II and III; Promotions at Seminole Events; Additional Promotions; Partnerships; and Grants Advocacy and Accountability. 

     Linda Moore, City of Casselberry, addressed the Board to thank the County for their support with the Arts Council and helping them to strengthen their partnership.  She stated the Arts Council will be working with Sally Sherman, Deputy County Manager, in doing some public art guidelines. 

     Upon inquiry by Commissioner Morris, Ms. Anders advised there is an administration fee of $10,000 that comes off the top and she feels that is helpful because they provide opportunities to teach the agencies. 

     Upon further inquiry by Commissioner Morris, Ms. Anders advised Helen Stairs Theater does have a relationship with United Arts where they are included in a venue tabulation, polling data or any analysis that is done. 

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     Chairman McLain recessed the meeting at 10:40 a.m., reconvening at 10:55 a.m.

COUNTY MANAGER’S BRIEFING

     Larry Dale, President and CEO of Orlando/Sanford International Airport (OSIA), addressed the Board to state for the last 10 to 12 months staff, OSIA and the City of Sanford have been working on the Economic Development Plan and he feels they have come up with a good draft.  The City of Sanford approved the plan at their meeting yesterday.

     Bill McDermott, Economic Development, addressed the Board to present a PowerPoint presentation of the Economic Development Plan for OSIA.  He stated the purpose of putting this plan together is to bring all pieces together.  He displayed and reviewed slides of the Challenges They Face; Goals; History; Aerial Map Depicting Proposed Land Acquisition and Future Airport Development; Airport Area Development Timeline that includes a 7-year period; and Summarization.

     Commissioner Van Der Weide stated he has been involved in this plan and he feels it has come together.  He stated he feels the one thing they need to concentrate on is when would it be ready and to accelerate the utility of this plan so that it is available.  He stated he feels this is a great plan and he appreciates all the work that has been done on this.

     Mr. Dale stated the planning that is going on at the airport in conjunction with Seminole County has been tremendous in the last couple of years.  He stated OSIA has briefed the Board on the master plan and it has been adopted by the City of Sanford.  The Department of Community Affairs will be reviewing the City’s final adoption hearing tomorrow.  The City of Sanford has done a tremendous job of planning and funding the facility so they will have an adequate sanitary sewer and fire flows for water.  OSIA has done a master stormwater study and they will be spending money on a stormwater permit.  Money has been spent on fiber optics so they can be kept up on technology.  He stated OSIA feels good on the planning process and appreciates the County’s help for this significant asset.

     Upon inquiry by Commissioner Morris, Mr. Dale advised there are several sources of funding for the acquisition plan areas.  The acquisition portion is a 20-year plan. 

     Commissioner Morris stated the entranceway is going to be a dramatic statement about the airport.  He stated he doesn’t see in this plan a direct connection for SR 417.  He said he feels a direct connection to SR 417 is going to add an enormous benefit to both the business side of development and traveling public.

     Mr. Dale stated he feels that was an oversight and it is something that needs to be done.  If the County helps them, along with the State, that is something they should push for and keep it on the front burner.

     Upon inquiry by Commissioner Henley, Mr. Dale advised the OSIA has finalized the legislative program.

     Commissioner Henley stated if it could be made available, he feels this would be something the Board would take an interest in trying to help to promote.

REGULAR AGENDA (Continued)

     David Gregory, Solid Waste Management Manager, addressed the Board to request direction on renegotiating or competitive procurement for the Residential Franchise Agreements that expire on December 31, 2004.  He displayed and reviewed a PowerPoint presentation consisting of the following:  Overview; Residential Refuse Collection Services; Map of Service Areas; Current Agreement; 2003 Comparative Rates, Collection Only; Rates Comparison, Collection Only; Recent Collection Prices Proposed; Total Defects in Services; FY 2003 Performances; and Options to Ensure Our Customer Received the Best Service in a Competitive Price.

     Commissioner Van Der Weide stated he doesn’t want to see the choices for the residents eliminated because the more choices they have, the better the level of service will be.  He stated he is not in favor of changing the level of service that they presently have.

     Commissioner Morris stated in the early 1990’s there was chaos from all the suppliers and the rates were more competitive.  Hillsborough and Orange Counties have lower rates because of the way the system works between the residential and commercial.  There are plenty of opportunities to look at other options before this contract expires in 2004.  He stated he would like the infill projects addressed as well as the efficiencies.  It seems as though dramatic shake-ups occur on an annual basis in the acquisition of the haulers.  He said he feels the rate negotiations can be done better by going down to two haulers and one of them would not be permitted to have more than 60%, no matter what happens during the period of the contract.  That can be done either by acquisition or by actual population growth in the service areas.  That would guarantee that two companies would always be in place in a competitive environment.  He said he feels that the rates would decrease if commercial is combined with residential.

     Commissioner Henley stated he feels it would make the service areas more compact rather than scattering them all over the County. 

     At the request of Chairman McLain, Mr. Gregory displayed and reviewed a chart showing the potential splitting of the County. 

     Commissioner Van Der Weide stated as far as residential, if one hauler is eliminated, he feels it is problematic and it will perform a real disservice to the citizens.  He stated he would not be in favor of going from three to two haulers as he sees that as real problematic.

     Commissioner Maloy stated he hasn’t received a lot of complaints in the last six months or so.  He stated he has no interest in regulating commercial and he has no problem with three service areas. 

     Chairman McLain stated he feels that there needs to be some adjustments to the contract. 

     Upon inquiry by Chairman McLain, Mr. Gregory advised he has had discussions with the haulers and he believes they have discussed about reassigning the area and making it more compact. 

     Commissioner Henley stated the haulers would not be eliminated.  The haulers would be available to compete, but fewer would be selected and the contract could also provide safeguards.  He stated the thing that concerns him is the County is going to have a hard time justifying to the public.  He said he doesn’t care what approach is used as long as the County can guarantee quality service and competitive rates.

     Chairman McLain stated he feels there is a correlation between the rate and level of service.  The company that had the lowest rate has had the highest number of complaints and sometimes the cheapest is not always the best. 

     Commissioner Morris stated this is a competitive system in allowing the haulers to bid and then the County selects them.  The County will monitor their performances, but the idea of having a free-flow mini economy doesn’t work.  It is clear these companies do not have the economy skill and that is why they are selected. 

     Commissioner Van Der Weide stated he likes the idea of combining Options A and B, but he would like to see it with the current haulers.  He stated he feels a probationary period can be placed in that for poor performance.  He said he feels the current process they have now serves the citizens very well as he has not received any complaints.  He suggested that staff work with the haulers in that process and make it more efficient. 

     Mr. Grace stated it sounds like the Board is headed toward going with renegotiation with the current haulers and he would recommend placing a 90-day deadline. 

     Upon inquiry by Chairman McLain, Robert McMillan, County Attorney, addressed the Board to advise any information provided to the County is public record.  He said he doesn’t think there is a way to avoid that becoming public. 

     Chairman McLain stated if the County fails in the negotiations, the Board needs to be prepared to have service as the number one element of the RFP.  He stated the RFP will not be based on the lowest price.  He said he is not hearing anyone in support of reducing the level of service.

     Mr. Grace stated there seems to be some interest in looking at an addition of the current areas.  He stated staff will bring back the price for the current service areas and the alternative service areas.

     Commissioner Morris stated the haulers, while they may be friendly today, can be in litigation tomorrow and that is a situation that is about to occur in one of our cities.  He stated he would support going down from three haulers to two and he believes the commercial aspect is another issue.  He said he feels it is time for the Board to move forward with the next step as they have moved very smartly and delicately over the last decade. 

     Chairman McLain stated the Board just recently approved an ordinance for commercial franchise and maybe the step is to include commercial in the next phase.  He stated he feels this is something that needs to be considered and kept on the table for future discussions.

     Upon inquiry by Chairman McLain, Mr. Gregory advised there are about a dozen commercial haulers under franchise.

     Chairman McLain stated once these franchises are in place, they can see how that develops.  If the County ends up with another 5-year contract, the right time to look at how they should include commercial is when they reach near the end of the contract.

     Commissioner Van Der Weide stated if commercial makes sense to the citizens, then that is where they should be.  The agenda item only addresses residential and he feels the County is moving in the right direction.

     Chairman McLain stated he believes the direction of the Board is to move into renegotiations with the haulers and he feels the time line of 120 days is appropriate.  He stated it is important that the Board wants to maintain all level of services in that negotiation.  The current areas should be looked at as far as realigning the franchises that would be most efficient among the haulers and the County in providing the best price for the citizens.  He said he feels the County should beef up the contracts in the areas of complaints and then find a way in making sure that there are severe penalties if there are no responses from the haulers. 

     Commissioner Maloy stated he feels this should be done before March 2004.

     Mr. Gregory stated staff has had preliminary discussions already with the haulers and he feels that they can bring this back no later than January or February.

     Chairman McLain recommended the first meeting in February.

     Commissioner Morris voiced his objections of not including commercial and having two haulers.

     Commissioner Henley stated he agrees with Commissioner Morris’ standpoint of the number of haulers in the area.  He stated he feels the County could be better served with two.

     Upon inquiry by Mr. Gregory, Chairman McLain advised during negotiations, staff is going to look at the level of service, equipment, and manpower.  That will be compared with the pricing and the differences around the area.  Staff will bring back the very best price that can be negotiated.  The Board will decide whether those negotiations have been successful or if they need to go with an RFP.

COUNTY MANAGER’S BRIEFING (Continued)

     Frank Van Pelt, Engineering, addressed the Board to introduce Lenore McLean.  He stated she will be reviewing the Cross Seminole Trail Connector Corridor Alignment Study.

     Lenore McLean, Engineering, addressed the Board to display and review a PowerPoint Presentation relating to:  A Community Connection Project; Design Features/Goals; Stake Holders; Project Corridor Map; the Beginning and End of the Project; Alternative Development for Segment 1, 2 and 3.  She stated the Natural Lands Committee had some objections to Alternative A as they felt that it would be better served if it were not on the property north of Valentine Way. 

     Chairman McLain stated he wants to make sure that the Natural Lands Committee supports the trails program in connection with the natural lands. 

     Upon inquiry by Chairman McLain, Ms. McLean advised this is just one parcel that did not fit in the actual plan of the alignment.

     Commissioner Morris stated the issue here is the natural lands are not just for wild animals but also for people.  He said he would rather do a site survey to see what a 12 to 15 ft. corridor is going to do to that narrow piece.  This trail has a huge expansion of very commercial areas that go through other parts.

     Ms. McLean continued by reviewing Alternatives 3B, 3D and 3E.  She stated an analysis on comparing construction costs, right-of-way needs, environmental impacts, operation and maintenance costs, connectivity, exposure to the public, and a safety-feeling problem was done.  Based on that analysis the preferred alignment would consist of 1C, 2B and a modified version of 3E.  There will be two satellite parking facilities, one would be at Big Tree Park and one at the Winter Springs Elementary School. 

     Upon inquiry by Chairman McLain, Ms. McLean advised 3B is the preferred alignment. 

     Ms. McLean explained for Commissioner Maloy how each crossing on SR 427, 17-92 and CR 419 will be handled.  Discussion ensued.

     Commissioner Morris stated the County is submitting an application to the Florida Greenways & Trails Committee and he feels that needs to be the number one priority.  He stated excess money was left over and the County did not apply.  He said he would like a report from the Grants Manager on how that could have happened.  He added if 3B is the primary alignment, it makes more sense not to go up to Valentine Way.  He stated he would like to know if CSX still owns a portion of 3E Segment and if so, were they approached and are they willing to sell. 

     Mr. Van Pelt advised staff has approached CSX and they want two crossings closed for every one they would consider opening up.

     Ms. McLean stated as long as there is still a business use within that area, they absolutely refuse to sell.

     Commissioner Morris stated Segment 1A deals with the park, the high school and the middle school, and it is significant to have that connection work.  He stated he would like a plan brought back that shows at least a minimum 8 ft. sidewalk or larger connecting the high school over to 1B.  That is one way of getting a connector in with this project.

     Chairman McLain stated staff can work with the District Commissioner and then come back to the Board.

     Upon inquiry by Commissioner Morris, Ms. McLean advised there are segments in their analysis, but they are planning to do the construction in two phases. 

     Mr. Van Pelt explained why phase one is not combined with phase two and why they are doing an August 2005 deadline. 

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     The Board recessed the meeting at 12:16 p.m., reconvening at 1:32 p.m., this same date, with all Commissioners (with Commissioner Morris entering late) 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. 

PROOFS OF PUBLICATION

 

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

     Districts 1, 3, 4 and 5 voted AYE. 

PUBLIC HEARINGS

 

MAJOR AMENDMENT TO PCD MASTER PLAN,

NW 46 PCD/MEREDITH PICKENS, CONTINUED

 

     Continuation of a public hearing to consider a major amendment to the PCD Master Plan and Addendum #1 to the Developer’s Commitment Agreement for NW 46 PCD, located east of Oregon Avenue, west of I-4, ½ mile north of SR 46, as described in the proof of publication, Meredith Pickens. 

     Planning Manager, Matt West, addressed the Board to present the request. 

     The Chairman advised he is in receipt of a letter (copy received & filed) from Meredith Pickens requesting a continuance of this item. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue until November 18, 2003, at 1:30 p.m., or as soon thereafter as possible, consideration of a major amendment to the PCD Master Plan and Addendum #1 to the Developer’s Commitment Agreement for NW 46 PCD, located east of Oregon Avenue, west of I-4, ½ mile north of SR 46, as described in the proof of publication, Meredith Pickens. 

     Under discussion and upon inquiry by the Chairman, no one spoke in support or in opposition to the continuance. 

     Districts 1, 3, 4 and 5 voted AYE. 

CONSIDERATION OF AN ORDINANCE FOR

THE DORI SLOSBERG DRIVER EDUCATION ACT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an ordinance implementing the Dori Slosberg Driver Education Safety Act, to help fund Traffic Education Programs in Seminole County, received and filed. 

     DCM Sally Sherman addressed the Board to present the proposed ordinance. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2003-56, as shown on page _______, implementing the Dori Slosberg Driver Education Safety Act, to help fund Traffic Education programs in Seminole County, as described in the proof of publication. 

     Districts 3, 4 and 5 voted AYE. 

     Commissioner Maloy voted NAY. 

REQUEST TO VACATE & ABANDON,

FERN INV. LLC

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a 30-foot wide by 91-foot long drainage easement located within the vacated platted right-of-way of Sturdivant Avenue, Fern Inv. LLC, received and filed. 

Commissioner Morris entered the meeting at this time. 

     Planner, Denny Gibbs, addressed the Board to present the request, advising staff has reviewed the drainage flow in this area and determined that the easement is no longer necessary.  Therefore, staff recommends approval of the request. 

     Paul Sills, representing the applicant, addressed the Board to advise he will answer any questions. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-181, as shown on page _______, vacating and abandoning a 30-foot wide by 91-foot long drainage easement located within the vacated platted right-of-way of Sturdivant Avenue, on Lot 33, Section 19, Township 21S, Range 30E, as described in the proof of publication, Fern Inv., LLC. 

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

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     Commissioner Morris stated he wants to voice his support for the Dori Slosberg Driver Education Act Ordinance that was voted upon earlier by the Board. 

REQUEST TO VACATE & ABANDON,

PAULINDA AVE. EAST, HARLING LOCKLIN & ASSOC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon that portion of Paulinda Avenue East as shown on the plat of Adell Park, Section 20, Township 21S, Range 29E, Harling Locklin & Associates, received and filed. 

     Planner, Denny Gibbs, presented the request, advising the applicant is requesting the vacate in order to combine several properties into one contiguous building site.  The property on either side of the right-of-way is under the same ownership and vacating this portion will not hinder access to any other parcels.  She added that the staff recommends approval. 

     Hugh Harling, applicant, addressed the Board to advise he concurs with the staff recommendations and will answer any questions. 

     Sean Fullerton, representing Lois Bailey, addressed the Board to state they do not have any opposition to the requested vacate.  However, Mrs. Bailey wants to vacate the other portion of Paulinda and he questioned if there is any way to include that portion in this request at this time. 

     Chairman McLain advised that could not be done because that portion would have to be advertised.  A brief discussion ensued with regard to the County possibly administratively rezoning the property. 

     Upon inquiry by the Chairman, Mr. Harling stated they would have no objection to Mrs. Bailey’s request. 

     District Commissioner Van Der Weide stated he would work with Mrs. Bailey and the applicant. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-182, as shown on page _______, vacating and abandoning that portion of Paulinda Avenue East as shown on the plat of Adell Park, Section 20, Township 21S, Range 29E, as described in the proof of publication, Harling, Locklin & Associates. 

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

 

 

 

 

REQUEST TO REZONE FROM A-1 TO RP,

CAYETANO & CRISTETA CRUZADA

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to RP (Residential Professional) on 0.27 acres, located on the east side of Tuskawilla Road, 650 feet north of Dike Road, Cayetano & Cristeta Cruzada, received and filed. 

     Planner, Jeff Hopper, addressed the Board to present the request, advising staff recommends approval of the rezoning and the proposed development order, including the following:  (1) Limiting the site to general office use, with no medical or dental offices; (2) Double-loaded parking spaces shall be limited to a total of 4 and shall be for employee use only; and (3) No more than 5 employees on the site at any given time. 

     District Commissioner Maloy questioned what kind of signage is permitted.  Whereupon, Planning & Development Director, Don Fisher, addressed the Board to advise it would be a monumental-style sign and maximum size would be 16 square feet. 

     Nadene Jackson, 1164 Cardinal Creek Place, addressed the Board to advise she lives in the area and she has a problem with the way the property looks at present.  She questioned how the restrictions that are going to be placed on the property are going to be monitored. 

     Commissioner Maloy advised there were some code violations and that is the reason this rezoning is before the Board now.  He added that all conditions and restrictions would run with the property if it were sold.  Any violations would go through code enforcement. 

     Upon inquiry by Commissioner Maloy, Mr. Cruzada, property owner’s son, addressed the Board to advise he understands that the temporary signs they currently have would have to be removed and he also understands that new landscaping would be planted. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #2003-57, as shown on page ________, granting rezoning from A-1 (Agriculture) to RP (Residential Professional) on 0.27 acres, located on the east side of Tuskawilla Road, 650 feet north of Dike Road, as described in the proof of publication, Cayetano & Cristeta Cruzada; and approval of Development Order, as shown on page________, including the restriction that the sign will be limited to monumental-size. 

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

REQUEST TO REZONE FROM M-1A

TO M-A, DONALD J. HACHENBERGER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from M-1A (Very Light Industrial) to M-1 (Industrial) on approximately 6.9 acres adjacent to the east side of I-4 north of SR 46, on the west side of Hickman Circle ¼ mile north of Hickman Drive, Donald J. Hachenberger, received and filed. 

     Planner, Jeff Hopper, presented the request, advising the applicant wishes to have a wider range of permitted uses associated with the less restrictive M-1 classification.  Approval of the request would permit outdoor storage of equipment and merchandise with no special site design criteria established recognizing the site’s proximity to the major highway.  He further advised staff recommends approval based on its consistency with the industrial future land use designation.  However, the Board should understand that approval would allow outdoor storage on the site, which is not permitted under existing zoning. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #2003-58, as shown on page _______, granting rezoning from M-1A (Industrial) on approximately 6.9 acres adjacent to the east side of I-4 north of SR 46, on the west side of Hickman Circle ¼ mile north of Hickman Drive, as described in the proof of publication, Donald J. Hachenberger. 

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

     Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting at this time. 

REQUEST TO VACATE & ABANDON,

PEC, INC., PATRICK SEENE

 

     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 road right-of-way of CR 419 (Chuluota Road), located at the north side of CR 419 and approximately 230 feet east of Sanctuary Drive in Section 19, Township 21S, Range 32 E., for Richland Seminole Ranch, Ltd., PEC, Inc., Patrick Senne, received and filed. 

     Planner, Cynthia Sweet, addressed the Board to present the request, advising the recent design and construction associated with the widening and improvement of CR 419 has caused a remnant sliver of right-of-way to create a discrepancy in the public road frontage of the two adjacent properties. Staff acknowledges that the subject portion of the right-of-way was not needed to accomplish the completed road improvements.  She further advised that the staff recommends approval as requested by the applicant. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-183, as shown on page _______, vacating and abandoning a portion of the public road right-of-way of CR 419 (Chuluota Road), located at the north side of CR 419 and approximately 230 feet east of Sanctuary Drive in Section 19, Township 21S, Range 32 E., as described in the proof of publication, for Richland Seminole Ranch, Ltd., PEC, Inc., Patrick Senne. 

     Districts 1, 2, 3 and 4 voted AYE. 

CONSIDERATION OF BUDGET AMENDMENT,

FOR REBUDGETS FOR FY 2002/03

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Budget Amendment Resolution for rebudgeted funds from FY 2002/03 to FY 2003/04, received and filed. 

     Fiscal Services Director, Lisa Spriggs, addressed the Board to briefly discuss the proposed budget resolution. 

     Commissioner McLain re-entered the meeting at this time and assumed the position of Chairman. 

     Ms. Spriggs advised the amendment totals $258,851,154. 

     No one spoke in support or in opposition. 

     Commissioner Henley thanked Mr. Grace for going back and looking at carry-over projects that were more than three years old.  In doing this, $25 million was freed up. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment Resolution #2003-R-184, as shown on page _______, to rebudget funds from FY 2002/03 to FY 2003/04, as described in the proof of publication. 

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

 

COUNTY ATTORNEY’S BRIEFING

     County Attorney, Robert McMillan, advised the Board has indicated that they are having only one meeting in November (November 18, 2003).  According to the Administrative Code, reorganization of the Board is to be held on the fourth Tuesday in November.  He stated November 18, 2003 is the third Tuesday.  He said a temporary waiver needs to be done in order to conduct the reorganization on November 18. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to waive the Administrative Code, thereby, allowing the reorganization of the Board to be held on November 18, 2003. 

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

COUNTY MANAGER’S REPORT

     Mr. Grace advised he is proposing a new program called the Citizen’s Academy.  He explained the Academy is an 11-week interactive program designed to familiarize the general public with the role, services and operations of Seminole County Government.  Brochure regarding same was received and filed.  He said that it is his intent to kick this program off in January. 

     Commissioner Henley suggested applications to serve on boards and committees be available to academy members. 

     The Board voiced no objections to the program. 

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     Mr. Grace advised the first meeting of the ORMC Task Force is scheduled for November 6, 2003. 

CHAIRMAN’S REPORT

     Chairman McLain advised Tom Ball is resigning from the Sanford CRA Board; therefore, he is nominating Jeff Triplett to fill the vacancy on the Board. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to appoint Jeff Triplett to the Sanford CRA Board, filling the vacancy created by the resignation of Tom Ball; and to adopt appropriate Resolution #2003-R-185, as shown on page _______, commending Mr. Ball for his services. 

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

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     The Chairman requested re-appointment of Steve Wolfram as CALNO’s appointment to the Tourist Development Council. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to re-appoint Steve Wolfram to the Tourist Development Council as CALNO’s representative. 

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

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner McLain nominated Diane Crews to the Tourist Development Council to fill the vacancy of Bill Beuret. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint Diane Crews to the Tourist Development Council to fill the vacancy of Bill Beuret; and to adopt appropriate Resolution #2003-R-188, as shown on page _______, commending Mr. Beuret for his services. 

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

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     Commissioner Maloy stated over the weekend he attended the Optimist Club High School Marching Band Festival.  He said he was very impressed with all the talent and suggested they forward a copy of the video so that it can be aired on SGTV. 

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     Motion by Commissioner Morris, seconded by Commissioner Henley to appoint Penny Leffel to the Tourist Development Council; and to adopt appropriate Resolution #2003-R-190, as shown on page _______, commending Jay Sheppard for his services on same. 

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

     Commissioner Morris stated that if it does not put into jeopardy her term limit, then Ms. Leffel can vote at the next TDC meeting. 

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Tom Hagood to the Code Enforcement Board, for a three-year term ending January 2007. 

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Matthew Brown to the Seminole County Port Authority for a four-year term ending January 1, 2008; and to adopt appropriate Resolution #2003-R-186, as shown on page ________, commending Ben Tucker for his service on same. 

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Bruce Skwarlo to the Tourist Development Council for a four-year term ending January 1, 2008; and adopt appropriate Resolution #2003-R-187, as shown on page _______, commending Linda Marshall for her service on same. 

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

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     Commissioner Van Der Weide stated some of the neighboring counties are taking building permits over the internet with a trust fund set up for payments. 

     Mr. Fisher advised that within the next three months, Seminole County should be doing the same provided they can do the online payment.  

     Mr. Grace advised staff was to come back to the Board and report on how the online payment for utilities is working before going forward with any other program. 

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     Commissioner McLain advised of complaints he has received from a couple of engineering firms in Seminole County regarding their lack of participation in County projects.  He said he is being told that Orange County is still evaluating firms on whether they live in Orange County.  He said he would like to have staff provide a report on where Seminole County is spending their money in order to determine if money is reasonably distributed.  As a second part to that, he wants staff to find out if Orange County is weighing Orange County firms more heavily than Seminole County firms. 

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     Commissioner Henley stated he believes that the County’s Deferred Compensation Plan costs are exorbitant and he wants the County Manager to explore other possibilities because he believes they need to give the employees more options. 

     The Board voiced no objections to the County Manager researching same. 

COMMUNICATIONS AND/OR REPORTS

 

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

1.              Copy of letter dated 10/17/03 to State Representative David Simmons (identical letters to all members of Seminole County Legislative Delegation) from Chairman McLain re: newly formed ad hoc task force to review health care, trauma centers and medical malpractice insurance issues.

 

2.              Parks & Recreation Contract for Services, as shown on page on page _______, for Luis Santiago (Slow-pitch Softball).

 

3.              Copy of letter dated 10/21/03 to Maria Abadal-Cahill, Wekiva River Basin Coordinating Committee, from Chairman McLain re: SJRWMD proposal to the Wekiva River Basin Coordinating Committee on 1) additional retention/detention in SR 434 road widening project; 2) combining Consumptive Use permitting and Environmental Resource permitting for sites containing golf courses; and 3) regulation of small wells in the study area.

 

PUBLIC COMMENTS

     Joann Cornelius, Lake Mary, addressed the Board to briefly discuss the new bus route on Lake Mary Boulevard. 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:30 p.m., this same date.

 

 

ATTEST:______________________Clerk______________________Chairman

er/sw