BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
NOVEMBER 12, 2002
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, November 12, 2002, 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 Sandy McCann
The Invocation was given by Father Charles L. Holt, St. Peter Episcopal Church, Lake Mary.
Planner, Amanda Smith, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Commissioner Maloy advised he and Commissioner Morris attended the opening of the Mills Creek property in Chuluota and the BCC was given an award by the Florida Trails Association in appreciation of the work that has been done on trails in the County.
Commissioner Morris advised the Natural Florida Scenic Trail is only one of seven or eight in the country that is registered by the government.
Motion by Commissioner Henley, seconded by Commissioner Maloy to approve negotiated settlement of expert costs relating to Parcel #187/887 of the County Road 427, Phase I road improvement project located at 1681 CR 427 North, Patel, in the amount of $47,531.25.
Districts 1, 2, 4 and 5 voted AYE.
County Attorney, Robert McMillan, reminded the Board that the bid for the water security system was held last meeting because of a protest. He advised that since that time the second low bidder (Nutech Fire & Security, Inc.) has initiated litigation against the County seeking to obtain copies of all bid information. He explained that the County has denied access to the information as a result of the statute dealing with the security of the water system. He said the County prevailed a week ago Monday in Court on the issue that these are not public records and they are awaiting the judge’s signature on the order. He added that staff will bring something back to the Board after the protest process has been completed.
Mr. Grace advised Item #11, BCR #03-09 should be in the amount of $83,059.
Commissioner Morris requested Item #25, Final Plat for the Mills Cove Subdivision, be pulled for a separate vote.
Commissioner Henley discussed Item #9, BCR #03-07, traffic signal at the intersection of SR 434 and CR 427. He said he wants to make sure there is enough money to do the mast arm signal at Red Bug Lake Road.
Mr. Grace stated that if the Board approves Item #9, they will take that as direction to come back and find funding for the signal at Red Bug Lake Road.
The Chairman requested the staff provide the Board with a list of all signals planned to be replaced with mast arms.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
5. BCR #02-137 – $573,683 –
Planning & Development – Planning – Fund: 11500 – Infrastructure Tax
fund. Accounting adjustment to move
expenditures of the Lynx One Cent Sales tax capital funds from a capital account
to an aid to government account.
6. BCR #03-03 – $3,435,057 – Sheriff’s Office – Fund: 00100 – General fund. An accounting adjustment is necessary to move budgeted items for jail maintenance into the different account lines. Several items (jail renovations, HVAC project, security system) should be budgeted in capital account lines in order to comply with GASB 34 standards. A minor accounting adjustment is also necessary to move budgeted funds within operating lines to more accurately reflect the items to be acquired.
7. BCR #03-04 – $148,091 – Public Works – Road Operations/Stormwater – Fund: 13000 – Stormwater fund. Construction bids for the Myrtle Lake Outfall and the Culvert replacement at Lake View /Armory Lake came in at amounts higher than budgeted. Additional funds will also be required for design services on the Orange Boulevard and Walden Drive basin due to the its land-locked basin criteria and alternative analysis required. Funding for these projects is available from the Lake Ann project due to state grant reimbursement.
8. BCR #03-05 – $17,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax fund/12601 – Arterial Impact Fee fund. Engineering services are needed on CR 427 (Phase III / IV) in order to perform a limited environmental site assessment as required by the Florida Department of Environmental Protection. Funds are available from Capital Reserves.
9. BCR #03-07 – $150,000 – Public Works – Traffic Engineering – Fund: 11500 – Infrastructure Tax fund. The traffic signal at the intersection of SR 434 and CR 427 is deteriorating and needs to be replaced. The signal configuration can be converted to a mast arm style to match other intersections along CR 427 at a cost of $150,000. Partial funding ($90,000) for this project can be made available by postponing the Red Bug/Dodd Road mast arm conversion until FY 03/04. The balance is available from the 1991 Sales Tax fund.
10. BCR #03-08 – $5,160 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General fund. Funds are needed to provide outside contract services for the cleaning of an additional restroom at Lake Mills Park. Support Services has a custodial contract in place. This action transfers funding to the appropriate account line.
11. BCR #03-09 – $83,059 – Public Works – Engineering – Fund: 11500 - Infrastructure Tax fund/12601 - Arterial Impact Fee fund. Previously approved changes for the CR 46A Phase II project have resulted in extensions to the contract time by 91 days. As a result the Construction Engineering and Inspection (CEI) agreement will have to be amended by $91,000 (An item relating to this is on the Purchasing Agenda). Funds are available from reserves.
12. BCR #03-10 – $ 1,061,694 – Public Works – Engineering – Fund: 32100 - Natural Lands/Trails 2001/11500 - Infrastructure Tax fund. On June 11, 2002, the Board of County Commissioners approved ranking and authorized negotiations for design-build services for the SR 434 pedestrian bridge and the need for supplemental funding was identified at the time. On July 22, 2002 the City of Winter Springs authorized the use of $241,687 from the City’s 1991 Local Sales Tax to fund a portion of the bridge. The Florida Department of Transportation has also committed to additional funds for this project. An accounting adjustment is necessary to place these funds in the correct account line. Request a transfer from the Trail’s Bond Fund reserves to fund the County’s portion of $820,007. (This item is contingent upon Board approval of Purchasing Agenda Item No. 41.)
MSBU
13. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Michael D. Randolph and Udell F. Holmes for the Black Hammock Phase II Water Distribution System MSBU.
14. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for John L. and Stacy W. Adams for the Chula Vista Road Paving and Drainage MSBU.
15. Accept and authorize the
Chairman to execute the Certificate of Completion, as shown on page _______,
for FC-1127-00/BJC – Heathrow Water Treatment Plant Expansion, with
Wharton-Smith, Inc., Lake Monroe.
16. Approve Amendment #4, as shown
on page _______, to PS-356-96/BJC – Engineering Services for Water and
Wastewater Master Planning, with PBS&J, Orlando (Replace Exhibit C -
Schedule).
17. Approve Amendment #3, as shown on page _______, to PS-525-98/BJC – Construction Engineering and Inspection Services for Markham Woods Road/Douglas Avenue Road Project, with Keith and Schnars, P.A., Rockledge ($46,983.50).
18. Approve Amendment #1 to PS-535-99/BJC – Construction Engineering and Inspection Services Agreement for C.R. 46A – Phase II (Rinehart Road to Country Club Road), with PBS&J Construction Services, Inc., Casselberry ($83,058.55) (Replace Exhibit C – Rate Schedule).
19. Approve Amendment #1, as shown on page _______, to PS-567-00/BJC – Preliminary Engineering and Final Design and Environmental Permitting Services for Bunnell Road, with Inwood Consulting Engineers, Orlando ($40,000.00) (Replace Exhibit C – Hourly Rates).
20. Approve Amendment #1, as shown on page _______, to PS-587-01/BJC – Engineering Services for Markham Water Transmission Main, with Blount, Sikes & Associates, Inc., Orlando (increase the Not-to-Exceed amount of Contract by $6,635.51).
21. Approve Amendment #2, as shown on page _________, to M-56-98/BJC - Utility Relocation for SR 434 - Phase II, with Blount-Sikes & Associates, Inc., Orlando ($126,481.87) (Time Extension).
24. Approve Final Plat for Oakhurst Reserve Unit One; located on the north side of Red Bug Lake Road, approximately 1/8 mile west of Dodd Road, Casselberry (Pulte Homes Corporation).
26. Approve Final Plat for the Sturbridge Oaks Subdivision located on the east side of East Lake Drive and on the west side of Little Lake Howell (Mark Crone, Resource Reliance, Inc.)
27. Approve Minor Plat of Lynne’s Cove located at 1650 Balmy Beach Drive, Altamonte Springs (Thomas Pellarin).
Districts 1, 2, 4 and 5 voted AYE.
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Request for approval of the Final Plat for Mills Cove Subdivision, located on the south side of Brumley Road and the north side of Lake Mills within the East Rural Area of the County in Sections 22 & 27, Township 21 South, and Range 32 East.
Commissioner Morris advised he has not had an opportunity to speak with the County Attorney; however, he will not be voting on this issue because the applicant is a former business associate of his on an unrelated matter. He clarified that he has nothing to do with this project.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Final Plat for Mills Cove Subdivision, located on the south side of Brumley Road and the north side of Lake Mills, within the East Rural Area of the County.
Districts 1, 4 and 5 voted AYE.
Commissioner Morris abstained from voting and filed a Memorandum of Voting Conflict Form, as shown on page _______.
CLERK’S
REPORT
Motion by Commissioner Maloy, seconded by Commissioner Morris to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated October 15, 22 & 29, 2002; and Payroll Approval Lists, as shown on page _______, dated October 10 & 24, 2002.
2. Chairman to execute the following Satisfactions of Judgment/Application for Indigency Fees, Public Defender Application Fee and Court Costs:
Ted Dingle, #00-3145-CFA - $40
Tad Anthony Dawkins, #00-9831-MMA - $40
Petra Malinda Allen, #02-943-CFA - $368
Joshua Lee Helland, #00-11058-MMA- $40
Larry Dean Gosnell, #98-2901-CFA - $148
3. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Jeremy James Allsworth and National American Ins. Co. - $1,038
Angela Butler and Aegis Security Ins. Co. - $2,038
James Robert Horn and Continental Heritage Ins. Co. - $14,034
Francisco Molina III and Continental Heritage Ins. Co. - $3,038
Alberto R. Roghs and Continental Heritage Ins. Co. - $4,934
4. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Cesar Alburguerque, #94013980MM - $200
Pierre Bengill, #02004783MM - $260
Dennis M. Clapp, #02001445MM - $250
Paulette I. Costa, #01004160CFA - $200
Darko Degen, #01007650MM - $200
Richard Deleon, #97001346CFA - $200
James Elliott, #91005875MM - $200
James O. England, III, #02004741MM - $100
Leroy Jenkins, #851058CFA - $350
Leroy Jenkins, #89000063CFA - $150
Robert J. Laraway, #01008937MM - $200
Phoneyadeth Lengsavath, #01010630MM - $200
Daniel P. McKenna, #01008528MM - $200
Johnathan Mercado, #02000887CFA - $200
Robert Merriam, #02000249MM - $250
Freddie Mincey, #98011674MM - $250
Thomas J. Morton, #01012534MM - $100
Carlos I. Ortiz, #01013055MM - $250
Vincent Ricciardelli, #01006405MM - $200
Tyten Robichaud, #01013319MM - $250
Lorenzo Rodriguez, #02005797MMA - $75
Valerie A. Romano, #02004320MM - $200
Cesar Alburguerque, #94013980MM - $200
Pierre Bengill, #02004783MM - $260
Dennis M. Clapp, #02001445MM - $250
Paulette I. Costa, #01004160CFA - $200
Darko Degen, #01007650MM - $200
Richard Deleon, #97001346CFA - $200
James Elliott, #91005875MM - $200
James O. England, III, #02004741MM - $100
Leroy Jenkins, #851058CFA - $350
Leroy Jenkins, #89000063CFA - $150
Robert J. Laraway, #01008937MM - $200
Phoneyadeth Lengsavath, #01010630MM - $200
Daniel P. McKenna, #01008528MM - $200
Johnathan Mercado, #02000887CFA - $200
Robert Merriam, #02000249MM - $250
Freddie Mincey, #98011674MM - $250
Thomas J. Morton, #01012534MM - $100
Carlos I. Ortiz, #01013055MM - $250
Vincent Ricciardelli, #01006405MM - $200
Tyten Robichaud, #01013319MM - $250
Lorenzo Rodriguez, #02005797MMA - $75
Valerie A. Romano, #02004320MM - $200
Canturk Tarkan, #02000125CFA - $200
Gary L. Westerman, #83000466MM - $24.50
Leedell M. Williams, #91003985MM - $75
Leedell Williams, #P91000291CFA - $300
5. Official Minutes dated October 8 and 22, 2002.
Districts 1, 2, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Letter, as shown on page _______, from Shannon Suffron to Sandy McCann relative to release of Letter of Credit for Preserve at Astor Farms Phase 1 in the amount of $144,811.75.
2. Title Opinions, as shown on page _______, for the following: Brookwood Subdivision and Colonial Town Park.
3. Maintenance Bonds, as shown on page _______, for the following: #929197762 in the amount of $9,163.82 for Northampton; Brookwood Forest in the amount of $20,815.70; Brookwood Forest in the amount of $6588.70; #700-81-22-5426 in the amount of $15,538.50 for Sanford Sam’s Club; and #929230858 in the amount of $1,000 for FDOT Right-of-way.
4. Performance Bond, as shown on page _______, for Oakhurst Reserve in the amount of $2,080,257.96.
5. Development Orders, as shown on page _______, as follows: #2-5500012 Graves Home Addition; #02-30000091 Chau Nguyen; #0230-0000105 R. Michael Atkins; #02-30000111 Timothy & Diana Hester; #02-30000113 Roy & Patricia Doolittle; #02-30000110 Felipe & Lidia Alvarado; and #02-30000104 Raju Amin.
6. Proof of publication, as shown on page _______, from the Orlando Sentinel relating to Value Adjustment Board hearings for exemptions.
7. Utility Agreement, as shown on page _______, for Metro Chrysler Jeep, Inc.
8. Satisfactions of Connections Fees, as shown on page _______, for the following projects: Hindu Temple; Bread of Life Church; and Cobblestone Crossing.
9. Utility Agreements, as shown on page _______, for water and sewer service for the following: M&O Ltd. Partnership and South Trust Bank.
10. Letter from Geraldine Harford, Tax Deed Clerk, to the Board of County Commissioners relating to tax deed sale.
11. Grant of Conservation Easement, as shown on page _______, for St. Johns River Water Management District relating to Management and Storage of Surface Waters.
12. Certificates of Acceptance, as shown on page _______, for Byrne Grant Applications approved by the BCC on May 14, 2002.
13. Pamphlet entitled “We’re Building Solutions” from T&G Constructors.
14. Memorandum to the BCC from County Manager Kevin Grace relating to Capital Project Fund Transfers for the CR 426 at Lake Charm project.
15. Letter from Chairman McLain to Chief Judge Bruce Jacobus relating to filling a position on the Seminole County Canvassing Board for the 11-5-02 General Election.
16. Kids House of Seminole, Inc. Agreement, as shown on page _______, as approved by the Board on 5/14/02.
17. Gallagher Bassett Service Agreement, as shown on page _______, as approved by the Board on 9/24/02.
18. Second Amendment, as shown on page _______, to PS-549-00, HKS Architects, Inc.
19. Work Order #7, as shown on page ________, to PS-594-01.
20. Work Order #4, as shown on page _______, to PS-585-01.
21. Work Order #47, as shown on page _______, to FC-1139-00.
22. M-333-02 Consultant Services Agreement, as shown on page _______, Harling Locklin & Associates.
23. Proclamation, as shown on page _______, of the Chairman of the BCC terminating the effect of Emergency Ordinance #2002-32 (No Wake Zone on the St. Johns River).
24. Change Order #7, as shown on page _______, to FC-1123-00.
25. M-255-01 Assignment of Consultant Services Agreement, as shown on page ________.
26. Work Order #12, as shown on page _______, to PS-574-00.
27. Work Order #51, as shown on page _______, to PS-543-99.
28. Third Amendment, as shown on page _______, to Work Order #18 to FC-1139-00.
29. Work Order #5, as shown on page _______, to RFP-4109-01.
30. Letter from Charles Bronson, Commissioner of Agriculture, to Chairman McLain enclosing 2001/2002 Annual Report for the Florida Division of Forestry.
31. Bill of Sale & Warranty Deed, as shown on page _______, accepting water and sewer systems and lift station within the project known as Bentley Cove Subdivision.
32. Maintenance Bonds, as shown on page _______, for the following: Park Place at Heathrow in the amount of $7,750, and Buckingham Estates Phase 1 #3SM04637200 in the amount of $81,927.43.
33. Memoranda to the BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfers for CR 426 at Snowhill Road; CR 426 at Lake Charm; and Montgomery Road.
34. Satisfactions of Connection Fees, as shown on page _______, for the projects known as Willow Creek Church; United Studio Signs; Tuskawilla Oaks Animal Hospital; Candlewood Suites; Linder Construction; Courtesy Honda; Midway Commerce Center Lot 1; South Park Business Center Lot 1C; and Neighborhood Market-UCF.
35. Bill of Sale, as shown on page _______, accepting water and sewer systems and roads within the project known as Brookwood Forest Subdivision.
36. Development Order #02-30000095, as shown on page ________, Philip Holman Side Yard Setback Variance.
37. Work Orders #29 and #30, as shown on page _______, for PS-590-01.
38. Third Amendment, as shown on page _______, to Work Order #1 to PS-525-98.
39. Letter from Sally Sherman, Deputy County Manager, to Karen and F.D. Bruning relating to Trust Account for A. Waltzon.
40. Change Orders #3 and #4, as shown on page _______, to FC-1163-01.
41. Interlocal Agreement, as shown on page _______, with the City of Oviedo relating to CR 426, as approved by the BCC on May 14, 2002.
42. Second Amendment, as shown on page _______, to Work Order #6 to FC-1139-00.
43. Work Order #52, as shown on page ________, to PS-543-99.
44. First Amendment, as shown on page _______, to Work Order #3 to RFP-4123-01.
45. First Amendment, as shown on page _______, to Work Order #35 to PS-131.
46. Bids as follows: RFP-4172-02, CC-1191-02, PS-5129-02, PS-5119-02, CC-1193-02, PS-5131-02 and RFP-4173-02.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
37. Approve and
authorize Chairman to execute Budget Change Request No. 33-11 in the amount of
$32,318 for the Sheriff to purchase a latent print recovery vacuum chamber.
38. Authorize
expenditure from the Law Enforcement Trust Fund to contribute $1,000 to the
Boys and Girls Club of Central Florida, West Sanford Branch, in support of the
Club’s drug prevention program.
Districts 1, 2, 4 and 5 vote AYE.
Motion by Commissioner Maloy, seconded by Commissioner Morris to approve and authorize the Chairman to execute Grant-in-Aid Agreement, as shown on page _______, for Child Dependency for Seminole County.
Districts 1, 2, 4 and 5 voted AYE.
Planner, Amanda Smith, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for Maronda Systems Incorporated PUD, located south of Church Street on Maronda Way, Bowyer, Singleton & Associates. She advised staff recommends approval of the commitment agreement with the following change on page 3, “The applicant has agreed to reserve an additional fifteen feet for right-of-way along Church Street in order to provide a thirty foot half right-of-way needed for roadway expansion in the event the County requires this additional right-of-way.”
District Commissioner McLain recommended approval.
Commissioner Van Der Weide entered the meeting at this time.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve the PUD Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, as amended, for the Maronda Systems Incorporated PUD, located south of Church Street on Maronda Way, Bowyer, Singleton & Associates.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Purchasing Manager, Ray Hooper, and County Engineer, Jerry McCollum, addressed the Board to request direction with regard to D/B-607-01/BC, Design-Build Services for the SR 434 Trail Overpass Cross Seminole Trail Project. Mr. Hooper reviewed Option 1, which includes on-structure equestrian facilities at a cost of $3,049,000; and Option 2, without the equestrian facilities at a cost of $2,672,500. He advised that the City of Winter Springs has approved supplemental funding in the amount of $241,687 which represents the price differential between the original number one ranked proposal and the number two ranked proposal.
Upon inquiry by Commissioner Morris, Mr. McCollum advised in this opinion the equestrian people are split as to whether or not they would use the bridge. He further advised that it is staff’s opinion that with the difference in cost, it would be best to have the equestrian facilities on the structure in order to preserve that option. He added that the Trails Committee also reviewed this and had mixed opinions.
Commissioner Henley stated he does not support putting in the equestrian facilities since it is undecided if it will be used.
Chairman McLain stated he would be hesitant to cross SR 434 with a horse without the equestrian facilities being in place. He added that this overpass connects a lot of natural lands and those are the places where people would bring their horses.
Mr. McCollum stated that if there is going to be horse use, his recommendation would be to have facilities within the structure.
Commissioner Henley expressed his concern with establishing a precedent.
Commissioner Morris stated that they are required by the State to have a horse element on the trail.
Commissioner Van Der Weide stated he sees this as a mandate due to the voters’ referendum. He further stated that he does not believe they need a horse overpass every place; but that it makes sense to have one here.
Commissioner Maloy requested staff provide a map to the Board showing where the horse facilities are along the trail.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to select and approve design/build and funding option #1 (with on-structure equestrian facility) for D/B-607-01/BJC, for the SR 434 Trail Overpass Cross Seminole Trail Project; and authorize the Chairman to execute an Agreement, as shown on page _______, with Jones Brothers, Inc., Lake Mary.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
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The Board recessed at 10:10 a.m., reconvening at 10:20 a.m., this same date.
Road Operations and Stormwater Manager, Mark Flomerfelt, and Mike Garcia, Engineer, addressed the Board to update them on the Lockhart-Smith Canal Drainage project (copy of slides were received & filed). Mr. Flomerfelt reviewed the conveyance acquisition program; the historical background; and the current conditions of the canal.
Mr. Garcia continued with the review, displaying pictures of the current conditions where the slopes are steep and where there is not access for maintenance. He also showed pictures of some emergency reconstruction after a bank collapsed and a drawing of the proposed improvement to the ditch.
Discussion ensued with regard to the abandoned FDOT borrow pit.
Mr. Garcia advised the estimated costs for easement acquisition is $450,000 to $900,000 and construction cost is $435,000. He added that the consequences of not doing the project would be: increased demands on the system; reduced channel capacity and water quality; continued bank erosion; additional sediments clogging the channel; continued damage to private property; and increased flooding conditions. He requested Board authorization to initiate the land acquisition process with the County Attorney’s Office and begin negotiations with owners for acquisition of purchased easements.
Upon inquiry by Chairman McLain, Mr. Flomerfelt advised some of the trees will have to come down and a grass berm will be put in.
Mr. Grace stated waiting for donations is not working. If the County is going to make a difference, he believes they need to move forward with this program.
Motion by Commissioner Maloy, seconded by Commissioner Henley to authorize continuation of the Lockhart-Smith Canal Drainage Project; and approval to begin negotiations to purchase permanent drainage easements for the project.
Under discussion, Commissioner Henley stated he is in support as long as this does not include the borrow pit in the plans at this time.
Mr. Flomerfelt advised the canal goes through the middle of the borrow pit.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planning Manager, Matt West, addressed the Board to give a briefing on the proposed County-wide Lighting Ordinance, advising staff will incorporate any Board comments and will bring it back to the BCC after obtaining input from the community interest groups and after review by the Planning & Zoning Commission.
Commissioner Morris stated he believes this is a good and modest proposal and will accomplish much in terms of future land use. He said he would like to deal with the retrofit separately.
Commissioner Maloy stated he would only support the retrofit requirement if there is reconstruction involved. He said he believes it is unfair to ask existing businesses to retrofit just because of a change in ownership. Whereupon, Commissioner Morris agreed.
Chairman McLain stated he understands that the Board is ready to move forward on the proposed ordinance, excluding the retrofit and reconstruction portion.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize staff to move forward with the proposed County-wide Lighting Ordinance; and to bring back to the Board the reconstruction and retrofitting.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Community Services Manager, Colleen Rotella, addressed the Board to give an update on the changes in the Community Development Program. She advised that with regard to the Meals on Wheels issue, staff believes a series of misunderstandings has occurred and they are working with Meals on Wheels and will prepare a presentation for the Board at a future date.
Commissioner Henley stated he had requested that Don Fisher prepare a matrix of what was and what is and the changes that are currently in place.
Ms. Rotella began the overview of the Community Development Program (copy of booklet regarding same was received and filed). She reviewed the funding sources, the map of the target areas, and HUD/SHIP funding since 1986.
Discussion ensued with regard to the modifications to the housing services (copy of hand-out regarding same was received & filed).
Commissioner Henley stated it disturbs him greatly that these changes were not discussed during budget time because they seem to be a major shift in policy. He said the new policy to allow major repairs to homes up to $40,000 is a concern to him.
Ms. Rotella explained that these are strategies that have been in place in the plan for years.
Commissioner Van Der Weide stated this is an informational item only and he believes the Board is looking for a more detailed background.
Chairman McLain agreed that the Board needs more information.
Commissioner Morris cautioned that the home repair program could become an entitlement program that would be hard to cut off.
Mr. Grace apologized to the Board, stating he believes staff should have initiated this dialog several months ago. He assured the Board that none of these things have reached a point where they are “off and running”.
Ms. Rotella stated staff believes they should take a detailed inventory of what has already been done in the target areas and then see what needs to still be accomplished.
Commissioner Henley stated he feels that emergency repair needs to take precedent over upgrades.
Chairman McLain stated he would like to see staff work closely with some of the non-profit organizations to identify the low income senior citizens that have problems, i.e., making sure they have heat in the winter.
Commissioner Morris requested staff provide information on the total potential market for the home repair program, who are the customers, and the need within the community.
Commissioner Maloy also requested staff find out how much money the County is spending.
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The Chairman recessed the meeting at 11:30 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners 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.
Motion
by Commissioner Henley, seconded by Commissioner Morris to authorize filing of
the proofs of publication for this meeting's scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Vacate and Abandon a 15-foot platted drainage and utility
easement located on the common lot line between Lots 2 and 3, Heathrow Woods
Phase 5; further described as 1804 and 1810 Bridgewater Drive, Christopher J.
& Kristy Z. Baker, received and filed.
Denny
Gibbs, Planning, addressed the Board to present the request as outlined in the
agenda memorandum. She stated staff
recommends approval of the vacate and abandonment.
Jay
Carter, representing the applicant, addressed the Board to state he will answer
any questions and he agrees with staff’s recommendations.
No
one spoke in support or in opposition.
District
Commissioner McLain recommended approval of the request with staff’s
recommendations.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt
appropriate Resolution #2002-R-162, as shown on page ________, vacating and
abandoning a 15-foot platted drainage and utility easement located on the
common lot line between Lots 2 and 3, Heathrow Woods Phase 5; further described
as 1804 and 1810 Bridgewater Drive, as described in the proof of publication,
Christopher J. & Kristy Z. Baker.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a Resolution transferring cable television franchises from Time Warner
Entertainment-Advance Newhouse Partnership to a wholly-owned subsidiary and
management thereof by Advance/Newton Partnership, received and filed.
Matt
Chesler, Telecommunications/Cable, addressed the Board to present the request
as outlined in the agenda memorandum.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt
appropriate Resolution #2002-R-163, as shown on page ________, transferring
cable television franchises from Time Warner Entertainment-Advance Newhouse
Partnership to a wholly owned subsidiary and management thereof by
Advance/Newton Partnership, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page
_______, calling for a public hearing to consider Major Revision to Preliminary
Master Plan for Kenmure aka Butler Ridge PUD, property located south of Red Bug
Lake Road between Brooks Lane and Mikler Road, Ellsworth Gallimore, received
and filed.
Jeff Hopper, Planning, addressed the Board
to present the request. He stated the
Board approved the Preliminary Master Plan in February 2002. The development in Kenmure would consist of
174 single-family lots and a net residential density of 2.34 units per acre
consisting with a Future Land Use designation of Low Density Residential. He stated he would like to address three
issues relating to the Preliminary Master Plan and the first issue pertains to
the location of a utility easement within the project. The applicant has agreed to dedicate a 30
ft. easement that would allow the County to install a major water line that
would facilitate water service in the area.
To assure compatibility with the adjoining property to the south, a
provision was included in the development order that the easement should follow
internal subdivision streets. However,
as engineering designs progressed, Environmental Services recommended
relocating that easement to the southern property line. This location would give the development
better access to the water line and would be less disruptive to residents of
the development. The property owners to
the south have created their own buffer by purchasing 8 lots near the south
boundary. At their option, these lots
could remain undeveloped. The second
issue is the responsibility for providing pedestrian access for school children
leading north from the subdivision to Red Bug Lake Road. An existing County right-of-way follows the
alignment of Citrus Road and connects to Kenmure between Lots 14 and 15 on the
northern boundary of the site. The
approved development order will require such an access if determined feasible
with the Development Review Division.
In lieu of a separate pedestrian access, the County could accept an
in-kind contribution, such as sidewalks, extending from the project to Red Bug
Lake Road. The third issue is to waive
the left-turn lane for southbound traffic entering the development from Brooks
Lane. The traffic counts associated
with Kenmure would meet the thresholds for a turn lane. Staff has determined that drainage impacts
would be minimal. Staff has no objections
to the proposed relocation of the utility easement in order to facilitate
construction and maintenance without adversely affecting development to the
south. Staff does not support the
applicant’s other revision as they feel a full-length pedestrian access or
suitable alternative should be provided.
The applicant has made an offer of $10,000 in lieu of providing a
separate pedestrian access. The
Planning & Zoning (P&Z) Commission recommended relocating the easement
as requested and eliminating the requirement to provide pedestrian access. He pointed out that the approved development
order specifies a 30 ft. width utility easement and that should be amended to a
25 ft. width as recommended by the Environmental Services Division. The neighboring property owner to the south
pointed out that some of the lots they purchased appear on some version of the
plan and those would remain unclear. He
clarified that there is no County requirement for the lots to remain undeveloped.
Upon inquiry by Commissioner Morris, Mr.
Hopper advised the P&Z Commission recommended relocating the easement and
that the pedestrian access requirement in the development order be deleted.
Bill Holmes, CPH Engineering, addressed the
Board to state he has worked with the Environmental Services Department
relating to the utility easement and found that originally the County was going
to take a 30 ft. easement all the way along the southern property between
Mikler and Brooks Lane. Mr. Gallimore
has agreed to provide the easement internally along Citrus Road and the back of
the lots. The water main is going to be
designed into their plans and it will be a $1 million project. A Brooks Lane drainage study was done a few
years ago, and the County did not have the funds to encumber the wetlands on
the west side. He stated he will be
providing the uplands and wetlands area to storage and a berm will be placed
along the southern wetlands so that the stormwater system will work. The wetland will have an outflow system to
Bear Gulley Canal. There have been a
lot of contributions and benefits from the project and that is why he is asking
for some relief of the sidewalk issue.
In lieu of building sidewalks on Brooks Lane, the applicant would donate
$10,000 to the County to use for the sidewalk on Mikler.
Attorney Greg Holshour (phonetic) addressed
the Board to state there was a requirement for the north 10 ft. of the property
to remain undisturbed and the adjoining property owner had concerns relative to
protecting the trees along that area. It has been determined that those trees are very close to and
almost on the common property line. He
requested that requirement be eliminated and remain undisturbed, and it would
allow a fence to be installed on the inside of those trees to protect those
near the adjacent property owner.
Upon inquiry by Commissioner Henley, Mr.
Hopper advised staff can recommend that the trees remain within the 10 ft. and
allow sodding.
Michael Amato, 1567 Brooks Lane, addressed
the Board to state he has lived here for 23 years and his biggest concern is
there will not be a left turn from Red Bug Road onto Brooks Lane and into the
existing subdivision. He stated he also
has concerns about the distance of the entrance to the property from the
southern property line. As far as the
amount of traffic, he doesn’t see how that will benefit anyone and it would be
a good thing to slow the traffic down.
His major objection is the turn lane and if it goes in he would like to
make sure that his property and the other two properties would not be affected
with any type of land condemnation with the road being widened. He said he has found out that the water line
will be brought in from the south and he wants to make sure that the current
landscaping will not be affected by the addition of that water line.
Upon inquiry by Commissioner Maloy, Jean
Abi-Aoun, Planning, addressed the Board to advise if the applicant installs a
water line, they will have to restore it to its original condition.
Jim Wottring, 1441 Brooks Lane, addressed the
Board to indicate on the map where his property is located. He stated his concern is the safety of his
horses and the residents. He said he
hopes that the Board agrees to put a fence line there for the protection of his
property and the residents. He read an
e-mail from the Red Bug Residential Coalition into the Record supporting the
revision.
James Kattlemann, 215 N. Eola, addressed
the Board to state he represents Jacquelyn Gellein and JBG Holdings and they do
support the change subject to the clarification staff made of reducing the 30
ft. utility easement to 25 ft. He
stated he would like the designation regarding the lots being purchased by his
client be removed.
Upon inquiry by Commissioner Henley,
Commissioner Maloy advised he doesn’t recall why there was a provision in the
development order that no fences shall be included. He stated he is comfortable taking it out and replacing it with
the provision of preserving the trees.
Mr. Holmes stated a fence is currently
located there as well as a barbed-wire fence next to Waterstone.
Ellsworth Gallimore, applicant, addressed
the Board to state the fence that is there now is set back into the lots and
the old fence needs to be removed. He
stated he will install a 6 ft. vinyl coated beige fence in that area.
No one else spoke in support or in
opposition.
Speaker Request Forms were received and
filed.
Motion by Commissioner Maloy, seconded by
Commissioner Van Der Weide to approve the requested major revision to a PUD
Preliminary Master Plan per the Development Order, as shown on page _______,
for Butler Ridge PUD, a 108-acre parcel located south of Red Bug Lake Road
between Brooks Lane and Mikler Road, as described in the proof of publication,
Ellsworth Gallimore, subject to the following changes: Eliminating Item A, Citrus Road sidewalks;
accept the $10,000 contribution from the developer for sidewalk improvements in
the general area, specifically connecting the missing link on Mikler if
feasible; waive the left turn lane on Brooks Lane; amending Item M to state
that the trees will be preserved with installation of a 6 ft. vinyl fence;
amend the 30 ft. width utility easement to 25 ft.; and to clarify that the 8
lots being purchased as a buffer may be developed in the future.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Mr. Hopper presented request for approval
of the Final Master Plan and Developer’s Commitment Agreement for the Kenmure
PUD (Butler Ridge PUD); property comprising approximately 108 acres, located
south of Red Bug Lake Road between Brooks Lane and Mikler Road, Ellsworth
Gallimore. He stated staff recommends
approval of the proposed request.
Motion by Commissioner Maloy, seconded by
Commissioner Van Der Weide to approve the Final Master Plan and Developer’s
Commitment Agreement, as shown on page ________, for the Kenmure PUD; property
comprising approximately 108 acres, located south of Red Bug Lake Road between
Brooks Lane and Mikler Road, Ellsworth Gallimore.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman McLain stated he would like to
thank the Board as Mr. Grace and his staff for making his job very easy over
the last year as well.
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Chairman McLain stated Colonial Properties
is planning to annex property in Lake Mary and he feels it is important to let
the County Manager know that the County wants to protect their rights. He stated he had an opportunity to meet with
the Vice President of Colonial Properties and he had concerns about the fact
that their organization will have a $600 to $700 million project and he doesn’t
want to be in the middle of any turf wars between two governmental bodies,
therefore a satisfied solution should be worked out. He stated he feels that Mr. Grace needs some direction from the
Board as to what they want to see happen.
Commissioner Henley stated he believes all
the Board members have communicated with the representatives of the Lake Mary
Commission and it concerns him that the County Manager and Chairman have been
meeting with them but this Board has not taken any official action.
Motion by Commissioner Henley, seconded by
Commissioner Maloy to move that the Board oppose the proposed annexation of
Colonial Properties by the City of Lake Mary and that the Board authorize staff
to take all appropriate actions to oppose the annexation, including legal
action.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris requested that the
County Manager keep the Board informed of any changes to the status of this
issue.
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Chairman McLain stated the future of Lynx
will be discussed tomorrow during the Metropolitan Planning Organization (MPO)
meeting. He stated there have been
discussions about eliminating Lynx and forming a new transit agency or leaving
them in their current position but not allowing them to have the responsibility
for any fixed guide way for the region.
Commissioner Van Der Weide stated he has
concerns with the articles he has read in the newspaper and he would like to
direct staff to look at some alternatives relative to bus service.
Chairman McLain stated he wants to make
sure the County protects their input and influence over mass transit and not
see their ability to be a part of the decision-making process reduced in any
way.
Commissioner Henley stated there has been a
great deal of opinions expressed from various sources regarding the Lynx
organization. He said Lynx is not an
Orange County organization. He stated
it concerns him that there might be hidden agendas floating around by
individuals in a neighboring County because the transportation solution is not
going to be solved by Orange County. He
said he feels the incident in Las Vegas has been blown completely out of
proportion as he has attended conventions on numerous occasions in Las Vegas
and the ones he attended had built-in downtime to where they can attend various
functions. He added he would oppose any
effort to disproportionately allow one partner to have more control over the
other, particularly if it has an impact on Seminole County.
Commissioner Maloy stated he feels the
letter that Mr. Grace sent out relative to the Board monitoring the audits is
appropriate and it would be appropriate to let Orange County know that Seminole
County would be opposed to any major restructuring. He said he feels that Lynx needs to do a better job in cost
control. As far as any long range
alternatives for other bus services, a study was done about a year ago and it
was determined that Lynx was the most efficient. He stated he doesn’t feel the structure needs to be changed at
this point unless a better model is brought forward.
Commissioner Van Der Weide stated he is not
suggesting that they do anything at this point, but he feels they should be
prepared to react to what will come out of this. He stated he would like for staff to be prepared for the
Legislative Delegation meeting in December to discuss this issue with
them. He said he feels the County
Attorney should do an analysis of what body they can communicate with relative
to who does control this. He stated he
doesn’t think the County can change Lynx as there is a lot of State
involvement. The Lynx future will be
discussed at the Executive Committee MPO meeting tomorrow, and he feels that
staff can research where they are and what are the possibilities.
Chairman McLain stated he feels a regional
transportation authority is needed, but they need to maintain their level of
influence over the planning for mass transit.
He stated the one concern he has is Orange County does contribute over
$20 million a year to that organization and how they handle the purse strings
will have a lot to do with the future of Lynx.
This is the kind of thing that the County needs to watch very
closely. He stated he is going to let
the MPO know that the County wants to move slowly and be completely informed as
well maintain their level of commitment as far as the decision-making process
is concerned.
The following Communications and/or Reports
were “received and filed”:
1. Memorandum dated 10/17/02 (with attachments) to County Manager Grace from Doris-anne Freeman, Altamonte Springs City Clerk, re: City Ordinance #1449-02, Gateway Crossings. (cc: P & D Director, Planning Manager)
2. Letter dated 10/21/02 (with attachments) to Chairman McLain from Clayton Simmons, Esq., Stenstrom McIntosh Colbert Whigham & Simmons, re: RFP-4176-02/BJC-Miscellaneous Improvements to County’s 9 Water Treatment Plants and 2 Wastewater Treatment Facilities Ph. II. (cc: County Manager, Deputy County Manager [RF], County Attorney, Purchasing Manager)
3. Copy of letter dated 10/21/02 (with attachment) to Jennifer Quigley from Gretchen Walker, BCC Office, re: interest in boards and committees.
4. Notice of 11/6/02 Seminole County LPA/P&Z public hearing re: Fossitt Business Park. (cc: BCC, County Manager, Deputy County Manager [SS], P & D Director, Planning Manager, Property Appraiser, Elections)
5. Letter dated 10/21/02 to Chairman McLain from Carolyn Hyland Ismart, FDOT, re: FDOT tentative 5-yr. work program, FY 2003/04-2007/08. (cc: BCC, County Manager, Deputy County Manager [RF], Public Works Director, County Engineer)
6. Facsimile dated 10/22/02 to County Manager Grace from Meredith A. Harper, Shutts & Bowen, re: Amendment to International Parkway Agreement. (cc: BCC, Deputy County Manager [SS], P & D Director)
7. Letter dated 10/18/02 to Chairman McLain from Brady Lessard, Sanford Mayor, re: appointment to Tourist Development Council. (cc: BCC, County Manager, Deputy County Manager [SS], Tourism Director)
8. Memorandum dated 10/22/02 to BCC from County Manager Grace re: Capital Project Fund transfer, $30,000, CR 426/Lake Charm minor road program.
9. Memorandum dated 10/22/02 to BCC and County Manager Grace from Sally Sherman, Deputy County Manager, re: officials and employees required to file financial disclosure.
10. Facsimile dated 10/23/02 to Chairman McLain from Bruce W. Jacobus, Chief Judge, re: Seminole County Canvassing Board appointment of Gerald Rutberg. (cc: BCC, Deputy County Managers)
11. Notice of 11/21/02 City of Lake Mary public hearing for land use change re: School Board alternative school site. (cc: BCC, County Manager, Deputy County Manager [SS], P & D Director, Planning Manager, Property Appraiser, Elections)
12. Notice of 11/6/02 Seminole County LPA/P&Z public hearing re: Bougainvillea Clinique. (cc: BCC, County Manager, Deputy County Manager [SS], Elections, Property Appraiser)
13. Letter received 10/23/02 to BCC from Linda Barker re: Greeneway/Expressway Authority tolls. (cc: County Manager, Deputy County Managers, Public Works Director/SCEA Director)
14. Copy of letter dated 10/15/02 (with attachments) to County Manager Grace from Cynthia Porter, Sanford Deputy City Clerk, re: City Ordinance #3754-Annexation of Volkema property between S. White Cedar Rd. and Central Park Dr. (cc: P & D Director, Planning Manager, Elections)
15. Copy of letter dated 10/15/02 (with attachments) to County Manager Grace from Cynthia Porter, Sanford Deputy City Clerk, re: City Ordinance #3751-Annexation of Mauer property between Rachelle Ave. and Riverview Ave. (cc: P & D Director, Planning Manager, Elections)
16. Copy of letter dated 10/15/02 (with attachments) to County Manager Grace from Cynthia Porter, Sanford Deputy City Clerk, re: City Ordinance #3752-Annexation of Sanford Airport Authority property between Cameron Ave. and Beardall Ave. (cc: P & D Director, Planning Manager, Elections)
17. Parks/Recreation Contract, as shown on page ________, for Services for Garrett Holland Sr. (Slow-pitch Softball Umpire).
18. Parks/Recreation Contract, as shown on page ________ for Services for Clint Ekelund (Tennis Instructor).
19. Letter dated 10/23/02 (with attachments) to County Manager Grace from Barbara Barbour, Oviedo City Clerk, re: City Ordinance #1222-Annexation of property at CR 426/Lockwood Blvd. (cc: P & D Director, Planning Manager, Property Appraiser, Elections)
20. Letter dated 10/23/02 (with attachments) to Chairman McLain from Bill Spivey, Lake Mary City Planner, re: Voluntary Annexation-Colonial Town Park DRI. (cc: BCC, Deputy County Managers, P & D Director, Planning Manager, Economic Development Coordinator, Elections, Property Appraiser)
21. Letter dated 10/21/02 to Chairman McLain from Dorothy Dukes, 4C, re: CSA grant funds. (cc: BCC)
22. Letter dated 10/24/02 to Chairman McLain from Silvia McLain, Seminole County Bar Association Legal Aid Society, re: SHIP Emergency Repair Program/Meals On Wheels. (cc: County Manager, Deputy County Manager [SS], P & D Director, CDBG to respond)
23. Copy of letter dated 10/21/02 to County Manager Grace from Sandra S. Glenn, ECFRPC, re: Regional Development Program (myregion.org) 3rd annual special assessment. (cc: BCC)
24. Copy of letter dated 10/21/02 to County Manager Grace from Sandra S. Glenn, ECFRPC, re: Planning Council FY 2002/03 annual assessment. (cc: BCC)
25. Copy of memorandum dated 10/25/02 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into county records.
26. Approved minutes of Seminole County Historical Commission 10/17/02 monthly meeting.
27. Approved minutes of Seminole County Library Advisory Board 10/21/02 meeting.
28. Notice of Seminole County Board of Adjustment 10/28/02 Public Hearing.
29. Memorandum dated 10/22/02 to BCC from County Manager Grace re: Capital Project Fund transfer, $40,000, Montgomery Rd.
30. Letter dated 10/25/02 to Chairman McLain from Sherry Fincher, Meals On Wheels, re: CSA grant funds.
31. Copy of letter dated 10/25/02 to Carolle Kennedy from Joe Gasparini, Parks/Recreation Manager, in appreciation of monetary donation for purchase of a tree to be planted at Lake Mills Park.
32. Letter dated 10/23/02 to Chairman McLain from D. Ray Eubanks, FDCA, re: small scale plan amendment, Ordinance #2002-41. (cc: BCC, County Manager, Deputy County Manager [SS])
33. Parks/Recreation Contracts, as shown on page ________, for Services: Lauren M. Starcher (Slow-pitch Softball Scorekeeper); Larry Millspaugh (Tennis Umpire and Tennis Roving Referee); Victor O. Marrero (Slow-pitch Softball Umpire); Benjamin Andrew Russell (Slow-pitch Softball Scorekeeper); Nicole Brogan (Slow-pitch Softball Scorekeeper); Tammy Stark-Porras (Slow-pitch Softball Field Supervisor); Davis Roger Bartels (Slow-pitch Softball Scorekeeper); Luis A. Santiago (Slow-pitch Softball Umpire); Rhett Rosen (Tennis Instructor); and Aaron Hanshen (Slow-pitch Softball Scorekeeper).
34. Notice of 11/12/02 Tri-County League of Cities luncheon to honor Central Florida Legislative Delegation.
35. Copy of letter dated 10/30/02 (with attachments) to Peter Newman, UCF Office of Facilities Planning, from Don Fisher, Planning & Development Director, re: draft of UCF Campus Master Plan.
36. Memorandum dated 10/30/02 to BCC from County Manager Grace re: Capital Project Fund transfer of $51,000, C-15 (SR 46 to US 17-92).
37. Letter dated 10/22/02 to All Interested Parties from James H. Stelling, Aloma Green Development, and Ed Suchora, Beazer Homes, re: Deep Lake Court. (cc: BCC, County Manager, Deputy County Manager [SS], Planning & Development Director, Planning Manager, Development Review)
38. Letter dated 10/29/02 to Chairman McLain from James Ely, FDOT, re: grand opening ceremony for the 417/Greeneway “Missing Link”. (cc: BCC, County Manager)
39. Notice of 11/7/02 City of Lake Mary annexation public hearing re: Colonial Realty Limited Partnership. (cc: BCC, County Manager, Deputy County Manager [SS], Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
40. Copy of letter dated 10/8/02 (with attachments) to Cindy Cranick, FDEP, from Bob Gleason, FDOT, re: Advance Notification for SR 415 (Seminole & Volusia Counties-SR 46 to SR 44) P & D Study. (cc: BCC, County Manager, Deputy County Manager [RF], County Engineer to respond)
41. Notice of 11/12/02 Seminole County Expressway Authority Meeting.
42. Copy of letter dated 10/28/02 (with attachments) To Whom It May Concern from LaChant Barnett, LYNX, re: scoping meeting for CSXT freight rail corridor between Deland and Kissimmee.
43. Copy of memorandum dated 11/1/02 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submission into county records.
44. Letter dated 10/31/02 to BCC from Russ Hauck, LYNX Board of Directors, re: APTA conference in Las Vegas.
45. Memorandum dated 10/18/02 (with attachments) to BCC from Pam Hastings, SCEA Administrative Manager, re: FY 2001/02 SCEA audit.
46. Copy of letter dated 10/30/02 (with attachments) to County Manager Grace from Richard W. Wells, City of Casselberry, re: annexation notification correction, City Ordinance #02-1055, 1540 SR 436, Casselberry. (cc: Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
47. Copy of letter dated 10/30/02 (with attachments) to County Manager Grace from Tony Segreto, Casselberry Public Works Director, re: U.S. census changes as it relates to 1 Cent Sales Tax monies. (cc: Planning Manager, Dick Boyer)
48. Copy of letter dated 10/30/02 (with attachments) to County Manager Grace from Richard W. Wells, City of Casselberry, re: annexation notification, 2055 SR 436, Casselberry. (cc: Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
49. Copy of letter dated 11/1/02 to Richard Crotty, Orange County Chairman, from County Manager Grace re: investigative reports on LYNX staff attendance of APTA conference in Las Vegas.
50. Notice and agenda for 11/6/02 Sanford Community Redevelopment Agency meeting.
51. Letter dated 10/29/02 to BCC from Stuart L. Richmond re: removal of speed humps and fatal accident at Balmy Beach Dr./Floral Way. (cc: BCC, County Manager, Deputy County Managers, Public Works Director, County Engineer, Traffic Engineer)
52. Copy of letter dated 10/30/02 to Steve Seibert, FDCA, from Charles Pattison, 1000 Friends of Florida, re: Governor’s Wekiva Basin Area Task Force. (cc: BCC, County Manager, Deputy County Managers, Planning & Development Director, Public Works Director, Environmental Services Director)
53. Notice of 12/17/02 Seminole County Legislative Delegation public hearing.
54. Letter dated 10/31/02 to BCC from Christine McMillon-Lane re: lien on property at 117 Ford Ave., Altamonte Springs.
55. Copies of letters dated 10/29/02 from Ken Roberts, Public Safety Director, in appreciation of donations to Animal Services Division to: Robert Pilk, Robert Hawkins, Michael Leumy, Darlene Bahr, Cornelia Dietzel, Bonnie Grissett, Lisa Corkery and Vanessa Amos.
56. Letter dated 10/25/02 to Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: City Ordinance #02-1067, Annexation of U-Haul Area Property. (cc: County Manager, Planning Manager, Elections Supervisor, Property Appraiser)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Maloy stated he took some boys
down the Econ River over the weekend and the footbridge located near the
railroad has some loose cables, and he feels staff needs to speed up the
process of repairing those loose wires.
Mr. Grace stated he will check into the
status of this and get back to the Board.
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Commissioner Maloy stated he would like an update on the status of the
missing link of the lighting and sidewalks along north side of McCullough Road
near UCF.
Commissioner Van Der Weide stated another
thing the County needs to factor into those sidewalks is they need to be a
little wider, whether or not it is a college or a high school or a middle
school.
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Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-164, as
shown on page ________, commending Walter Padgett for his services on the
Tourism Development Council.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Morris stated a community
meeting was held about six weeks ago relative to the location of the trail on Dyson
Road and the community made it clear that they did not want the trail to go up
Dyson Road nor the sidewalks. He stated
he indicated to them that he will recommend to the Board that the County not
proceed with that location of the trail.
Another community meeting is scheduled for next week.
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Commissioner Morris stated he and
Commissioner Maloy attended a function with the Sustainable Community Trust and
he received an award for a sustainable community under the environmental and
trails issue. He stated he was honored
to receive this award.
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Commissioner Morris stated the Tuskawilla
community on Dyson Road sustained some damage in terms of cutting electric and
water supplies in their median. He
stated the County has a program to make improvements in rights-of-way and the
Tuskawilla HOA was not compensated for signs being taken down in the
median. He said Mr. McMillan indicated
that the County is not under any legal obligation to pay for this. He stated he doesn’t believe the amount exceeds
$2,000 to compensate the Tuskawilla HOA.
Robert McMillan, County Attorney, stated
about 8 years ago Tuskawilla HOA had a subdivision identification sign on the
property and it was removed.
Motion by Commissioner Morris, seconded by
Commissioner Maloy to approve amount not to exceed $2,000 to compensate
Tuskawilla Homeowners Association for damages sustained by them relating to
right-of-way improvements done on Dyson Road.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Morris stated he would like to
compliment the Chairman for representing the Board well at the Central Florida
Leadership Conference in Kissimmee. He
stated he asked questions relative to transportation and growth management
issues and high compliments came out of that session due to the frankness of
Chairman McLain and Chairman Crotty. He
said they heard interesting comments from Chairman Crotty regarding their sales
tax. He said he wants to compliment
Chairman McLain for representing the County well.
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Upon inquiry by Commissioner Morris, Mr.
Grace advised a briefing will be scheduled on the Animal Control issues during
the first meeting in December.
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Commissioner Henley commended Chairman
McLain for his response to the Private Businessmen’s Association relating to
the community and future plans and he did an outstanding job.
COUNTY MANAGER’S
REPORT
Mr. Grace stated at the October 12 meeting
the Community Services Agencies agreements were discussed and two items (4C and
Seminole Volunteer Enterprises) were to be brought back for further
information.
David Medley, Community Assistance,
addressed the Board to state during the October 12 meeting, the Board approved
the recommendation for the Community Services Agencies agreements and requested
that 4C and Seminole Volunteer be brought back. He stated he has met with 4C relative to the State Statute of
funding money through the School Readiness Coalition and they have accepted the
County’s request for the Pre-K program.
Commissioner Morris stated he would like to
compliment Commissioner Henley for his understanding of the Pre-K funding.
The Board clarified that they will
move forward with the 4C funding contract.
Mr. Medley stated staff previously
recommended not to fund the Seminole Volunteer Program this year. He stated per Board’s request, staff has
reviewed the process and have determined that they would like to retain that
recommendation of not funding.
Chairman McLain stated he always feel
uncomfortable putting an organization that provides services to the needy put
in a financial situation where they cannot fulfill their responsibilities. He stated the Board has sent a clear message
to these agencies that they want these agencies to try to become more self-sufficient. He said he can feel comfortable with the
Board providing some support this year but with the understanding the Board
will scrutinize the process next year.
Upon inquiry by Commissioner Van Der Weide,
Chairman McLain advised he would feel comfortable providing $25,000 this year.
Commissioner Henley stated he won’t be able
to support that recommendation as the County has made great strides in
attempting to analyze and draw conclusion based on information submitted by
staff. When you look at the information
provided, the food is provided free and they have $4,000 a month in
contributions from other private citizens within the community. He stated he feels the Board should stick to
the system they have and then they can submit an application again next year
and be evaluated along with the other organizations.
Chairman McLain stated his one concern is
the County did not give them any money last year and they used the $25,000 in
reserves to continue to operate. The
agency isn’t able to continue and the County needs to find who and how they are
going to distribute the food. It is a
responsible thing to do with the understanding that the County needs to monitor
that closely and the agency needs to be prepared to operate without County
subsidence.
Upon inquiry by Commissioner Maloy, Mr.
Grace advised the amount will be taken out of the General Fund reserve.
Commissioner Maloy stated the Board did set
up a system to prevent situations like this and if the Board wants to reduce
other funding, he can support that, but he cannot if they go outside the budget.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to approve the amount of $25,000 for the Seminole
Volunteer Program to be taken from the General Fund for this fiscal year and if
the agency is not qualified next year, he is prepared to provide them with no
money.
Under discussion, Commissioner Henley
stated he feels this is unfair to all the other agencies not being able to come
back to prove their cases too. He
stated he feels this is a mistake and he cannot support the motion.
Districts 2, 3, and 5 voted AYE.
Commissioners Maloy and Henley voted NAY.
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Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to authorize the County Manager to execute the
budget change request for the above.
Districts 2, 3, and 5 voted AYE.
Commissioners Maloy and Henley voted NAY.
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Mr. Grace stated at the last meeting he
updated the Board on the consumptive use permitting process with the St. Johns
River Water Management District (SJRWMD) and he indicated that the Board may
want to consider retaining special counsel to deal with that in the
future. He stated the SJRWMD has
accepted the County’s population projections and a draft staff report will be
available this week. He added during
that time he can determine whether or not they will have serious problems and
if they do, he and Mr. McMillan have the ability to retain an attorney if need
be. He stated he and Chairman McLain
have met with Kirby Green relative to this and he is hoping that he can report
at the next meeting that they have made more progress and will not have to
pursue special counsel.
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Mr. Grace stated there have been some
statements made in the newspaper relating to the Florida Water Services Utility
proposal to be purchased by the government service group and that has fallen
through. He stated Florida Water
Services convinced two small panhandle cities to create a separate authority
and they would pay them the amount of money that they wanted. A number of cities and counties around the
State are filing suit to try to block that proposal from taking place. The two cities will be forming a utility
system and they will be running the authority and will take 2% of the revenues. Seminole County will be affected and one of
the biggest concerns they have is they are removed from the PSC review and
there is no local representation at all on that Board. This Board is totally removed from the
customers. He stated this would affect
several residents of Seminole County. A
public hearing is scheduled on November 18 in Orlando and he would like to know
if the Board had any direction for staff to share at that meeting.
Commissioner Maloy stated a lot of those
customers live in Chuluota and they are paying the highest water rates in
Seminole County and the Board should do something to protect their interest.
Motion by Commissioner Henley, seconded by
Commissioner Morris to authorize the Chairman and County Manager to take
whatever action is necessary up to and including litigation to protect the
citizens of Seminole County with regard to the Florida Water Services Utility.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace reminded the Board of the
Expressway Authority meeting scheduled at 4:00 p.m. today.
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Mr. Grace also reminded the Board of the
BCC Reorganization Meeting scheduled for next Tuesday, November 19, 2002 at
1:30 p.m.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 2:50 p.m.,
this same date.
ATTEST:______________________Clerk______________________Chairman
sm/er