BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

NOVEMBER 15, 2005

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:30 p.m., on Tuesday, November 15, 2005, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Pastor Don Swingle, Jr., First Christian Church of Longwood.

     County Attorney, Robert McMillan, led the Pledge of Allegiance.

REORGANIZATION OF BOARD 2005/2006

     Chairman Henley passed the gavel to County Attorney Robert McMillan to conduct the election of Chairman of the Board of County Commissioners for 2005/2006.

     Commissioner Van Der Weide nominated Commissioner Carlton Henley.

     Commissioner Morris moved that the nominations be closed.  Districts 1, 2, 3, 4 and 5 voted AYE to close the nominations.


 

     Districts 1, 2, 3, 4 and 5 voted AYE to elect Commissioner Henley as Chairman of the Board of County Commissioners for 2005/2006.

     Mr. McMillan passed the gavel to Chairman Henley, who thanked the Commissioners for their level of confidence he thinks the vote indicates and for their cooperation given the past year.  He said he looks forward to serving this year and making this a very productive year.

     Chairman Henley opened the floor for nominations for Vice Chairman of the Board of County Commissioners for 2005/2006.

     Commissioner Morris nominated Commissioner Bob Dallari.  There were no other nominations.

     Districts 1, 2, 3, 4 and 5 voted AYE to elect Commissioner Dallari as Vice Chairman.

Awards and Presentations

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2005-R-214, as shown on page _______, proclaiming the month of November as “Cultural Diversity Awareness Month”. 

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

     Commissioner Carey presented the Resolution to David Gregory, Solid Waste Manager and Chairman of the Cultural Diversity Committee, who expressed thanks to the Commissioners.  He announced the celebration, Employee Diversity Dine In, will be held on November 18, 2005, at the Sanford Civic Center and he invited the Commissioners to attend.

-------

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-215, as shown on page _______, proclaiming the month of November as “National Epilepsy Awareness Month”.

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

     Commissioner Van Der Weide presented the Resolution to Beth Kennedy, who expressed her thanks to the Board for recognizing the month of November for National Epilepsy Awareness Month.  She stated the Epilepsy Association of Central Florida has served the Central Florida area for over 39 years and they provide case management, education and prevention programs.

COUNTY MANAGER’S Consent Agenda

     Mr. Grace advised that staff is requesting to withdraw Item #29, Award RFP-0045-05/TLR, HUD’s Home Self-Sufficiency Program for Tenant Based Rental Assistance to The Center for Affordable Housing, Inc., at this time as there is additional contract language to be added.

     Commissioner Carey requested that Item #5, Adopt Resolution to amend the Seminole County Administrative Code to adjust the vehicle allowance and mileage reimbursement rate, be pulled for a separate vote.

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

Administrative Services

Support Services

 3.  Approve and authorize Chairman to execute the Oak Grove Estoppel Certificate, as shown on page _______, and Subordination, Non-Disturbance and Attornment Agreement, as shown on page _______, for leased office space for Clerk of the Court and Tax Collector. 

 4.  Approve and authorize Chairman to execute the final lease renewal, as shown on page _______, of the 25th Street (SR46A) MVI station lease with Ahoy Marine, Inc. 

 

Community Services

Community Assistance

 6.  Approve and authorize Chairman to execute Contract, as shown on page _______, with Healthy Kids Corporation for local match in the amount of $29,212.


Probation

 7.  Approve and authorize Chairman to execute the National Law Enforcement and Corrections Technology Center Rocky Mountain Region Memorandum of Understanding, as shown on page _______, to provide technical assistance in GIS and GPS to enhance case supervision capabilities within the County Probation Division.

 

Environmental Services

Business Office

 8.  Approve release of the following four (4) original Water and Sewer Maintenance Bonds:

     Water and Sewer Maintenance Bond #40058347 dated 08/26/03 (CED Construction Partners) in the amount of $13,245.00 for water and sewer for the Mystic Cove Apartments project. 

     Water and Sewer Maintenance Bond #98SB 103700938 dated 11/30/01 (Ryland Homes) in the amount of $7,820.94 for water and sewer for the Heather Glen project.

     Water and Sewer Maintenance Bond #98SB 103700913 dated 10/18/01 (Ryland Homes) in the amount of $7,891.97 for water and sewer for the Autumn Chase Ph 2 project. 

     Water and Sewer Maintenance Bond #08690409-M dated 10/03/03 (Ryland Homes) in the amount of $29,885.17 for water and sewer for the Markham Forest project. 

Solid Waste Management

 9.  Approve and authorize Chairman to execute Certificates, as shown on page _______, of Public Convenience and Necessity for Keller Outdoor, Inc. and Safety-Kleen Systems, Inc.

 

Fiscal Services

Budget

Fiscal Year 2004/05

10.  Adoption of Budget Amendment Resolution #2005-R-226, as shown on page _______, #05-73, for $1,674,391, Planning & Development-Affordable Housing Trust Fund.  Reduction in budget to true-up fund balance to cash available October 1, 2004.

11.  Adoption of Budget Amendment Resolution #2005-R-227, as shown on page _______, #05-74, for $41,000, Fiscal Services–Street Lighting District Fund.  To accommodate rate adjustments/increases and equipment changes that occurred during the fiscal year.

Fiscal Year 2005/06

12.  Budget Change Request #06-06 in the amount of $136,000, Public Works-Arterial Impact Fee Fund.  Howell Branch Road/Lake Howell Road widening project budgeted as three distinct sub-projects for tracking purposes (construction, landscaping, and traffic improvements).  Construction has been completed with $136,000 of the budgetary balance remaining.  Staff is requesting transfer of the $136,000 to the landscaping project to increase the budgetary appropriation to $200,000, which is in line with current project estimates.

13.  Budget Change Request #06-07 in the amount of $103,707, Planning & Development–Affordable Housing Trust Fund.  Allocation of the SHIP Affordable Housing FY 2003/04 grant carry-forward to various operating lines for use.

14.  Budget Change Request #06-08 in the amount of $95,000, Public Works–Natural Lands/Trails Fund.  The Jones Trailhead (a/k/a Long Pond Trailhead) was advertised for construction in July 2005.  The budgeted preliminary estimate of $100,000 is less than the bids received.  Water management requirements and increased costs in the construction industry had a significant role in the escalation of costs as compared to the preliminary estimate.  An increase of $95,000 is requested to provide for construction, testing and a minor contingency for potential change orders. Funds are available from the Cross Seminole Trail project.

15.  Budget Change Request #06-09 in the amount of $329,742, Public Safety–Fire Protection Fund.  Accounting adjustment will transfer funds to appropriate account lines to allocate the Firefighter Safety Grant for FY 2005/06.

16.  Budget Change Request #06-10 in the amount of $48,000, Judicial–General Fund.  Accounting adjustment transfers $48,000 budgeted for the Adult Drug Court from the County Court business unit to a separate business unit to facilitate compliance with State reporting requirements.

17.  Budget Change Request #06-11 in the amount of $279,387, Information Technologies-General Fund.  Accounting adjustment to record all Article V Information Technologies expenditures into a dedicated business unit and identifiable subsidiary accounts to facilitate compliance with State reporting requirements.

18.  Adoption of Budget Amendment Resolution #2005-R-217, as shown on page _______, #06-11, in the amount of $161,008, Sheriff’s Office–General Fund.  Re-budget of Sheriff’s Office FY 2004/05 unexpended grant program funds.

19.  Adoption of Budget Amendment Resolution #2005-R-218, as shown on page _______, #06-12, in the amount of $190,000, Administrative Services–General Fund and Fire Protection Fund.  Appropriate funds toward the replacement of the existing fire alarm system in the Public Safety building. Total cost of the system is $190,000 with $23,830 from the Fire Protection Fund and $166,170 from the General Fund. 

20.  Adoption of Budget Amendment Resolution #2005-R-219, as shown on page _______, #06-13, in the amount of $1,223,500, Public Works–2001 Infrastructure Sales Tax Fund.  Amendment relates to a corresponding Public Works/Engineering consent item authorizing payment to FDOT for advance acquisition of a retention pond for State Road 436/Red Bug Lake Road interchange. Based upon preliminary estimates; $1,000,000 was budgeted for the acquisition of this parcel.  On October 4, 2005 FDOT reached an agreement with the property owner in the amount of $1,138,500 and upon acquisition the property will be titled to FDOT.  Amendment establishes budgetary funding for the acquisition price, plus $85,000 for associated fees and costs.

21.  Adoption of Budget Amendment Resolution #2005-R-220, as shown on page _______, #06-14, in the amount of $107,000, Public Safety–General Fund.  Carry-forward $107,000 from the School Window Protection grant to cover expenses incurred during FY 2005/06 pursuant to the Shelter Retrofit Agreement with the Florida Department of Community Affairs Emergency Management Division.  Total value of the grant is $780,394; expenses in the amount of $242,300 were incurred during FY 2004/05 and $107,000 is expected to be expended during FY 2005/06 prior to the grant’s expiration on 10/31/05.

22.  Adoption of Budget Amendment Resolution #2005-R-221, as shown on page _______, #06-15, in the amount of $60,997, Public Safety–Public Safety Grants Federal) Fund.  To recognize receipt of the Homeland Security Grant as approved by the Board of County Commissioners on 10/25/05, and appropriate funds in accordance with the agreement between the State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant of $60,997 for Domestic Preparedness (ODP) for FY 2005/06 State Homeland Security Grant Program (SHSGP).

23.  Adoption of Budget Amendment Resolution #2005-R-222, as shown on page _______, #06-16, in the amount of $4,057, Public Safety–General Fund.  Carry forward and allocate funds from the FY 2004/05 Hazards Analysis Grant.

Grants

24.  Approve and authorize Chairman to execute the Florida Interoperability Network Solution Grant, as shown on page _______, sponsored by the Florida State Technology Office.

MSBU

25.  Approve scheduling and advertising a public hearing for consideration of adopting an Ordinance to create “Lake Mills Aquatic Weed Control MSBU”. A public hearing on January 24, 2006 at 1:30 p.m. to be advertised on December 27, 2005 and January 3, 2006.

Purchasing

26.  Award CC-0012-05/TLR Contract, as shown on page _______, Utility Systems Pipeline Construction and Repairs, to Sunshine Building and Development Corp., Casselberry, Cathcart Contracting Co., Winter Park, and American Persian Engineering & Constructors, Inc., Orlando (Estimated amount of $500,000 combined per year).

27.  Accept and authorize the Chairman to execute the Certificate, as shown on page _______, of Final Completion for CC-1253-04/TLR, Kewannee Trail Water Main, with Cathcart Contracting Co.

28.  Approve Amendment #1, as shown on page _______, to PS-5150-03/AJP, Master Agreement for General Environmental Services, with EMS Scientists, Engineers, Planners, Inc., Altamonte Springs (Revised Rates).

29.  Withdrew request to award RFP-0045-05/TLR, HUD’s Home Self-Sufficiency Program for Tenant Based Rental Assistance, to The Center for Affordable Housing, Inc., Sanford, ($940,105 for 30 months).

30.  Approve Amendment #1, as shown on page _______, to RFP-4217-04/JVP, Term Contract for Seminole County Bunker Gear, with Fisher Safety, Orlando (Price Increase).

31.  Assignment of Appraisal Services Contract RFP-4203-03/AJP, as shown on page ______, Appraisal Services for Consumers/Lake Hayes Water Transmission Main Project, to Retech, Inc. of Odessa, FL.

 

Planning & Development

Community Resources

32.  Approve and authorize Chairman to execute the Seminole County/Seminole County Victim’s Rights Coalition, Inc. HUD/ESG Subrecipient Agreement, as shown on page _______, Program Year 2005/2006. 

33.  Approve and authorize Chairman to execute the Seminole County/Rescue Outreach Mission of Sanford, Inc., HUD/ESG Subrecipient Agreement, as shown on page _______, Program Year 2005-2006. 

34.  Approve and authorize Chairman to execute the Seminole County/City of Sanford HUD/CDBG Subrecipient Agreement, as shown on page _______, Program Year 2005-2006. 

35.  Approve and authorize Chairman to execute the Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement, as shown on page _______, Program Year 2005-2006. 

36.  Approve and authorize Chairman to execute the Seminole County/Rescue Outreach Mission of Sanford, Inc., HUD/CDBG Subrecipient Agreement, as shown on page _______, Program 2005-2006. 

37.  Adopt appropriate Resolution #2005-R-228, as shown on page _______, to terminate the HOME Subrecipient Agreement with Housing & Neighborhood Development Services of Central Florida, Inc. (HANDS) for the rehabilitation of Lake Jennie II Apartments. 

38.  Adopt appropriate Resolution #2005-R-223, as shown on page _______, naming an unnamed platted right-of-way Dr. Edward Stoner Way to avoid delays in emergency responses. 

39.  Approve and authorize Chairman to execute Satisfactions, as shown on page _______, of Second Mortgage for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program for Jose and Isabel Charon, Rita Goldberg, Georgia and Richard Jones, and Kenneth and Jennifer S. Zeak. 

40.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Homeless Services Network of Central Florida, Inc. and Seminole County to administer the Shelter+Care Program in Seminole County. 

Development Review

41.  Adopt appropriate Resolution #2005-R-224, as shown on page _______, to accept Warranty Deed, as shown on page _______, and cancel property taxes for land donated as right-of-way on Kennel Avenue and Narcissus Road from Harvest Time International Inc. 

42.  Approve Release of Performance Bond #3SM98789900 for $197,754 (American Motorists Insurance Company) for the Retreat at Wekiva Phase I, Crosswinds Communities, (Marc Goodman, Director of Land Development).

43.  Approve and authorize Chairman to execute the Minor Plat for Adams Ridge subdivision located on the east side of Rest Haven Road, approximately 1,500 ft. north of SR 46 (Jim and Debbi Adams). 

44.  Approve and authorize Chairman to execute a Final Plat for the Summerfield subdivision consisting of 51 residential lots on approximately 20 acres zoned R-1A. 

45.  Approve and authorize Chairman to execute a Final Plat for the Lake Club subdivision for a six lot, single family residential subdivision located on Markham Woods Road (on Rice Lake) south of Lake Mary Boulevard and north of Stonegate Drive. 

 

Public Safety

EMS Performance Management

46.  Approve and authorize Chairman to execute a First Renewal, as shown on page _______, to Non-Exclusive Ambulance Franchise Agreement for Rural/Metro Corporation of Florida d/b/a Rural Metro Ambulance Service.

 

Public Works

Engineering

47.  Approve and authorize Chairman to execute the Joint Infrastructure Agreement, as shown on page _______, between Savannah Meridian Acquisition Group, LLC and Seminole County outlining specific conditions for use of property acquired for the construction of International Parkway (formerly Grant Line Road). 

48.  Approve advance purchase of Parcel 101 on State Road 436 and Red Bug Lake Road Interchange project and authorize issuance of a check to BICH Development Partners, LLC, payable to Broad & Cassel Trust Account in the amount of $1,223,500 for closing of acquisition by the Florida Department of Transportation. 

Traffic Engineering

49.  Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page _______, between Seminole County, the Seminole County Sheriff’s Office and Royal Oaks of Seminole County Homeowners Association, Inc. to enforce regulatory signs within the subdivision. 

50.  Approve and authorize Chairman to execute a Traffic Signal Maintenance Covenant, as shown on page _______, between Seminole County, Aloma Square Owners’ Association, Inc. and Loma Vista Property Owners’ Association, Inc. for a signal on SR 426 at the entrance of a private development. 

 

Tourism Development

51.  Approve and authorize Chairman to execute a Marketing Agreement, as shown on page ______, between Seminole County and the Central Florida Sports Commission for the Crappie USA Wildcat Qualifier to be held November 2005 at the Sanford Civic Center and on Lake Monroe.

52.  Approve and authorize Chairman to execute an 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.

 

Fleet Services

 

     Commissioner Carey discussed the request to adopt Resolution to amend the Seminole County Administrative Code to adjust the vehicle allowance and mileage reimbursement rate, stating the County’s mileage is currently 29 cents which is what the State is still at.  She said she had distributed to the Commissioners the Florida Statute and Federal IRS regulations (not received and filed) that were passed.  She explained that the 48.5 cents was a temporary measure that the IRS took from September to December 31.  The current rate for IRS up until September had been 40.5 cents.  She said she would hate to see them change their ordinance and go from 29 cents to 48.5 cents when that was a temporary measure, and when gas prices get back in line, that will probably be adjusted.  She recommended that they look at a figure less than the 48.5 cents. 

     Upon inquiry by Chairman Henley, Mr. McMillan said he believes the policy before them is not to change the rate to 48.5 but to bring it into compliance with the federal rate, so when that rate goes down, the County’s rate would go down.  He said the proposed Resolution ties the rate to the Federal IRS rate, and however it goes up or down in the future would be what the County reimburses.  Whereupon, Chairman Henley said the motion recommended is misleading.

     Commissioner Morris stated he brought this to the County Commission because of how far out of line the County is, and the IRS is out of line also.  He said the estimates by AAA and others for operating a motor vehicle in the U.S. today is somewhere around 72 cents to 77 cents per mile, depending on which statistic you use.  He said the IRS always trails the real cost dramatically.  He stated the issue is what is the IRS deductible.  He said in his proposal for direct mileage, he was not proposing anything regarding the other part of this action which was to increase the compensation by the employees that opt for a lump sum payment per month.  He said that is a different matter and needs to be reviewed, based upon mileage used by an employee and also contractually.  He said many of the employees who have that option are contract employees.  He said it does concern him greatly that the County relies so often on the State.  He recommended the mileage rate be that as with the IRS so they don’t have employees getting into tax issues with the IRS when the rate drops down.  Also, he recommended removing the increased compensation on the option plan (vehicle allowance for continuance user) of the employees.  He suggested holding the monthly vehicle allowance for discussion for mid-year budget adjustments or for the next year’s budget session.  Discussion ensued.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to delete Section H.(2)(b), Continuous User, from the Resolution and adopt appropriate amended Resolution #2005-R-216, as shown on page _______, amending the Administrative Code regarding mileage reimbursement.

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

County Attorney’s Consent Agenda

 

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

Litigation

53.  Approve proposed negotiated settlement relating to amended Parcel Numbers 106, 706 (Parts A and B) and 806 on the Airport Boulevard Phase III project in the amount of $221,986.08 inclusive of land value, severance, damage, statutory interest, business damages and attorney fees and costs, 7-Eleven, Inc. property. 

54.  Approve proposed mediated aggregate settlement relating to Parcel Numbers 213A/713/813, 213B and 213C on the East Lake Mary Boulevard Phase IIB project in the amount of $320,238.51 inclusive of land value, severance, damage, statutory interest, attorney fees and costs, Takvorian property. 

 

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

 

Constitutional Officers Consent Agenda

 

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize the following:

     Clerk’s Office

55.  Expenditure Approval Lists, as shown on page _______, dated October 10, 17 & 25, 2005; and Payroll Approval Lists, as shown on page _______, dated October 6, & 20, 2005.

 

56.  Approval of BCC Minutes dated October 11 & 25, 2005.

 

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

 

 1.  Work Order #2, as shown on page _______, to CC-1198-02, CEM Enterprises, Inc..

 

 2.  Work Order #11, as shown on page _______, to CC-1188-02, One Source Roofing, Inc.

 

 3.  Change Order #1, as shown on page _______, to CC-1259-05, CEM Enterprises, Inc.

 

 4.  Change Order #2, as shown on page _______, to CC-1234-04, Florida Highway Products, Inc.

 

 5.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $1,000 for the Patterson Office Building.

 

 6.  Maintenance Bond, as shown on page _______, in the amount of $8,620 for Deer Run Villas.

 

 7.  Permanent Drainage/Stormwater Easement with Algerina Bardwell and James Earl Paris, Jr.; Title Insurance Policy #A81-0182046; Permanent Drainage/Stormwater Easement with Algerina Bradwell; and Title Insurance Policy #A81-0182045, as shown on page _______, for the Lockhart-Smith Canal.

 

 8.  General Warranty Deed with Mary Sue Murray; Title Insurance Policy #A81-0182042; General Warranty Deed with David E. and Brenda S. Bateman; and Title Insurance Policy #A81-0182044, as shown on page _______, for Jetta Point.

 9.  Temporary Construction Easements with International Promoters of Art, Inc., and Heather Glen Homeowners Assn.; Quit Claim Deed with CSX Transportation, Inc.; and Title Insurance Policy #A81-0182047, as shown on page _______, for Bunnell Road.

 

10.  Special Warranty Deed with Minh D. and Thu A. Tran and Title Insurance Policy #A81-0182040, as shown on page _______, for Markham Woods Road.

 

11.  Sixth Amendment, as shown on page _______, to RFP-4201-03, Thomas W. Ruff & Co.

 

12.  Work Order #1, as shown on page _______, to PS-5180-05, Brown and Caldwell.

 

13.  E-mail to the Charter Review Commission from Kevin Grace, County Manager, regarding the CRC Contract Attorney.

 

14.  Permanent Utility and Drainage Easements with Chapman Lakes Homeowners Association, Inc. and Easton Park Homeowners Association and Title Insurance Policies #A81-0182028 and #A81-0182030, as shown on page _______, for Consumers Lake Hayes.

 

15.  General Warranty Deed with John R. and Barbara B. Ivey and Title Insurance Policy #A81-0182031, as shown on page _______, for Eden Park Avenue.

 

16.  General Warranty Deed with Hoyt D. and Betty J. Stough and Title Insurance Policy #A81-0182039, as shown on page _______, for Bunnell Road.

 

17.  Title Insurance Policy #A81-0182048 and Permanent Drainage/Stormwater Easement, as shown on page _______, for Lockhart Smith Canal.

 

18.  Title Insurance Policies #A81-0182015 and #A81-0182029 and Recreational Trail Easements, as shown on page _______, for Kewannee Trail.

 

19.  Amendment #1, as shown on page _______, to Work Order #14 for CC-1203-03, Angel-Brite, Inc.

 

20.  Work Order #1, as shown on page _______, to RFP-4251-05, Cuddeback & Associates.

 

21.  Work Order #3, as shown on page _______. to PS-581-01, Brown & Caldwell.

 

22.  Maintenance Bond, as shown on page _______, in the amount of $4,895 for the Longwood Operations Center.

 

23.  Maintenance Bond, as shown on page _______, in the amount of $30,933.45 for Alaqua Lakes, Phase 8.

24.  Work Order #18, as shown on page _______, to PS-594-01, Waste Energy Technology.

 

25.  Proof of publication, as shown on page _______, of notice of Value Adjustment Board hearings to be held on October 26, 27, 28 and November 4, 2005.

 

26.  Memorandums to Jerry McCollum, County Engineer, from A. Herbert Schwarz, Assistant County Attorney, regarding Direct Pay Requests for Seminole County vs. Doogarsingh, et al. and Seminole County v. Suero, et al.

 

27.  Work Orders #1 and #2, as shown on page _______, for PS-5182-05, S2L, Inc.

 

28.  Official Journal of Notarial Acts performed by Tiffany Neer.

 

29.  Escheatment Tax Deeds, as shown on page _______, for Ridgewood Villas A Condos for Units 114, 105, 217, 130, 120, and 220.

 

30.  Change Order #2, as shown on page _______, to CC-1232-04, Central Florida Environmental Corp.

 

31.  Amendment #4, as shown on page _______, to Work Order #9 to RFP-4123-01, Atlas Scientific Technologies, Inc.

 

32.  Amendment #1, as shown on page _______, to Work Order #15 to PS-5166-04, Starmer Ranaldi Planning and Architecture.

 

33.  Customer Agreements for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement, as shown on page _______, for the project known as Carriage Homes @ Dunwoody Commons.

 

34.  Amendment, as shown on page _______, to the Conditional Utility Agreement for Water Service with Vi-Con Development.

 

35.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with the Centre for Alternative Medicine and Crescent Resource LLC.

 

36.  Development Orders, as shown on page _______, for the following:  North Street, Lots 1-5, Orlando Property Group, Inc.; 2385 Pennsylvania Ave., Chris Miller; 6356 Epping Court, William L. Campbell, Jr.; 101 Denise Street, Minnie & Maxcie Smith; 1506 Delk Road, James Barnhill; 342 Devon Place, Arthur & Dianne Farber; 234 Doverwood Road, Malcolm Trigg; 3129 Foxwood Drive, Karel Spala; 938 El Lago Ter., Clyde Bell; 301 Red Mulberry Court, Kevin Morrissey; 220 Bluestone Place, Ashok & Jayamala Naidu; 100 Lamplighter Road, Robert Groseclose; 209 Maid of the Mist Dr., Marsh Martinus; Hillview Lot 93, Peoples Gas; 2313 Oranole Road, Israel Perez; 1059 Dyson Drive, Jan & Carol Smed; 130 Birchwood Drive, Charles Joseph; Greenway Pointe Townhomes, Morrison Homes; Pinewood Court, Lot 5, Janet & Guy Monico.

 

37.  Satisfaction, as shown on page _______, of Connection Fees for the project known as Polo Tropical.

 

38.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Log Cabin Properties, LLC.

 

39.  Recorded Notes and Mortgages, as shown on page _______, for the following:  Lori A. Solitro; Wynell Washington; Dorothy Williams; Sarah F. Freeney; Melicka Freeney; Catherine Freeney; Bettye B. Dorman; Eric L. Martin; and Curtis & Jacalyn Watson.

 

40.  First Amendment, as shown on page _______, to PS-5146-03 with AB/WCG Joint Venture.

 

41.  Sixth Amendment, as shown on page _______, to RFP-4201-03, Thomas W. Ruff & Co.

 

42.  Endorsement, as shown on page _______, to Boiler & Machinery Policy, approved by the BCC on Sept. 28, 2004.

 

43.  U. S. Department of the Interior, U. S. Geological Survey Joint Funding Agreement, as shown on page _______, for Water Resources Discipline executed by the Road Operations/Stormwater Manager on October 17, 2005.

 

44.  Certificate, as shown on page _______, of Final Completion for CC-1252-04, Work Order #8, Parthenon Construction Co.

 

45.  Change Order #1, as shown on page _______, to CC-1252-04, Parthenon Construction Co.

 

46.  Work Order #5, as shown on page _______, to PS-5157-04, AVCON, Inc.

 

47.  Agreement PS-5171-04, as shown on page _______, with JEA Construction Engineering, as approved on Jan. 11, 2005.

 

48.  Maintenance Bond, as shown on page _______, in the amount of $1,607 for Stonehedge Subdivision.

 

49.  Cash Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount of $1,886 for Fountainhead Subdivision.

 

50.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $16,826.39 for the Preserve at Astor Farms, Phase 3.

 

51.  First Amendment, as shown on page _______, to IFB-3059-02, Promax Recycling, Inc.

 

52.  Work Order #27, as shown on page _______, to PS-5165-04, WBQ Design and Engineering, Inc.

 

53.  Change Order #1, as shown on page _______, to CC-1257-05, CEM Enterprises, Inc.

 

54.  Certificate, as shown on page _______, of Final Completion for CC-1262-05, Work Order #7, Schuller Contractors, Inc.

 

55.  Work Order #6, as shown on page _______, to RFP-4240-05, Florida Physicians Medical Group.

 

56.  Work Order #42, as shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping.

 

57.  Work Order #2, as shown on page _______, to PS-5164-04, Professional Engineering Consultants.

 

58.  Certificates, as shown on page _______, of Acceptance of Subgrant Award for grants approved on June 14, 2005.

 

59.  Work Order #17, as shown on page _______, to PS-5166-04, Starmer Ranaldi Planning and Architecture.

 

60.  Bids as follows:  PS-0147-05; RFP-0143-05; PS-0123-05; PS-0127-05; RFP-0225-05; PS-0219-05; and RFP-4264-05.

 

Sheriff’s Office

58.  Authorize expenditure from the Law Enforcement Trust Fund in the amount of $1,000 for contribution to the Boys and Girls Club of Central Florida, West Sanford Branch in support of the Club’s Drug Prevention Program. 

59.  Authorize expenditure from the Law Enforcement Trust Fund in the amount of $2,643 for contribution to the Foundation for Seminole County Public Schools for the purchase of a public address system for the Midway Safe Harbor Center.

 

Supervisor of Elections

60.  Approve and authorize Chairman to execute the acceptance of the Voter Education Grant Award and Budget Amendment Resolution #2005-R-225, as shown on page _______, recognizing $70,252 in additional revenues and correspondingly increasing the Supervisor of Elections’ budget by an equivalent amount. 

 

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

 

Regular Agenda

 

     April Boswell, Assistant Planning Manager, addressed the Board to present request for reduction of penalty for property located at 410 Forest Lake Drive, Altamonte Springs (Medford D. and Willie M. Lynd), Code Enforcement Lien, Case No. 03-99-CEB.  She advised the property owner’s grandson made the request to waive the lien entirely.

     Craig Lynd, grandson of property owner, addressed the Board to state his grandmother, Willie M. Lynd, had no direct knowledge until recently that there was a lien on the property.  He explained that he was made aware approximately 8 to 10 months ago.  They forced the granddaughter to bring the property into compliance.

     Upon inquiry by Commissioner Van Der Weide, Ms. Boswell advised the last inspection was on August 3, 2005, when the property came into compliance.  Whereupon, Commissioner Van Der Weide said staff should conduct a much more recent inspection on these properties before bringing them before the County Commission.

     Upon inquiry by Commissioner Morris, Mr. Lynd stated he was representing his grandmother with her knowledge.  He said Glenda Lynd, granddaughter of the property owner, was the one at fault.

     During discussion, Ms. Boswell corrected that Code Enforcement checked the property last week and it is in compliance.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve the staff recommendation to reduce the Code Enforcement Board lien from $163,350 to the estimated administrative costs of $717.22 for processing Case #03-99-CEB on the property located at 410 Forest Lake Drive, Altamonte Springs, Medford D. and Willie M. Lynd, owners of record; request these costs to be paid within 60 days or the lien will revert back to its original amount ($163,350); and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.

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

-------

     Ms. Boswell presented the request for reduction of penalty for property located at 1st Drive, Sanford (Thomas Madden), Code Enforcement Lien, Case No. 03-23-CEB.  She stated staff received the request for reduction from the property owner who said he was unaware of the lien and he and his wife have medical problems and want to sell the property.

     Peggy Smith Madden, 613 Pine Avenue, owner of the property, addressed the Board to answer questions.  She advised she has power of attorney for her husband and said she never received the certified mail.  She received mail not too long ago when they got ready to sell the property and was told there was a lien on it. 

     Commissioner Carey asked if Mrs. Madden would be able to pay the lien within the next 60 days, and she stated if the amount is not too much because of their income and she and her husband are sick.

     District Commissioner Carey stated in reviewing the staff report, all the certified mail came back and was unclaimed.  She said that always bothers her that the mail is returned and no one goes out to try to locate the people.  She stated that on July 21, the lien was reduced to $1,000 and the respondent was not at the hearing and the mail still came back unclaimed.  Based on that and her disappointment that staff didn’t try to get in contact with the respondent, she would recommend the reduction.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve a reduction to the Code Enforcement Board line from $3,750 to the estimated administrative costs of $558.83 for processing Case #03-23-CEB on the property located at 1st Drive, Sanford, Parcel I.D. 31-19-31-502-0000-0120, Thomas Madden, owner; require these costs to be paid within 60 days or the lien will revert back to its original amount ($3,750); and, upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.

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

---

     Chairman Henley asked if it was the pleasure of the Board to instruct the County Manager that when mail is unclaimed, staff make the effort to contact the owner.  Whereupon, Commissioner Morris stated this case is very curious that regular mail was not returned, although certified mail was returned unclaimed.

     Mr. McMillan stated the process for code enforcement is under the Sheriff, therefore, the County Manager cannot direct staff to proceed in any way.  He said this could be a matter to discuss with the Sheriff.

     Mr. Grace stated staff would be working with the Sheriff on improved communication and he thinks they can add this issue to that discussion.  Discussion ensued with the Board.

     The Board’s consensus was to communicate to the Sheriff the Board’s desire to follow up when staff does not get any response to certified mail.  Chairman Henley said this will be added to the list to discuss with the Sheriff.

     Commissioner Morris said this is one of the toughest jobs and the staff bends over backwards to try to get compliance before it reaches this level.  He saluted Code Enforcement staff for doing good work on these cases.

     Commissioner Dallari said what Code Enforcement and the Sheriff are doing is pretty remarkable.  As stated, some of these issues are prior to the Sheriff taking them over.  He is very confident this will be worked out with the Sheriff.

     Commissioner Carey stated she certainly has great respect for code enforcement after spending three days touring with the staff.

-------

     Ms. Boswell presented the request for reduction of penalty for property located at 102 Orienta Drive, Altamonte Springs (Timothy F. and Claudia G. Juergens), Code Enforcement Lien, Case No. 99-76A-CEB and Case No. 01-89-CEB. 

     Timothy Juergens, property owner, addressed the Board to state he was in agreement with what the staff has recommended. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the staff recommendation to reduce the Code Enforcement Board liens which total $62,500 to the estimated administrative costs of $1,537.64 for processing Case #99-76A-CEB and Case #01-89-CEB on the property located at 102 Orienta Drive, Altamonte Springs, Timothy F. and Claudia G. Juergens, owners; require these costs to be paid in three installments with $512.55 to be paid by December 15, 2005, $512.55 to be paid by January 16, 2006, and the final payment of $512.54 to be paid no later than January 31, 2006, or the liens will revert back to the original amounts ($20,800 and $41,700); and, upon payment in full, authorize the Chairman to execute the respective Satisfactions of Liens.

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

-------

     Jeff Hopper, Senior Planner, addressed the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement for Hawthorne Estates PUD for property located on the east side of Orange Boulevard, 0.4 mile north of SR 46 (Deborah Hagen/Hawthorne Estates LLC), stating staff is recommending approval subject to the Developer’s Commitment Agreement as proposed. 

     Commissioner Carey asked if staff had confirmed if Lot 22 meets the current code for cell towers.  Mr. Hopper stated he did not have that information, but typically, cell tower regulations apply to new towers.  In this situation, the tower was there before the subdivision.

     Chairman Henley questioned if the cell tower meets the regulations since the subdivision is not there yet, and Mr. Hopper said he believes it does. 

     Commissioner Dallari questioned if the cell tower wasn’t there and the subdivision was, would the tower meet the regulations, and Mr. Hopper said he assumes the cell tower would need a larger setback than what is there currently.

     Tony Walter, Planning Manager, addressed the Board to state the cell tower doesn’t meet the regulations if it were a new tower coming in.  He said he did not find any comments from anyone in the records about setbacks.  He added that if a new cell tower were proposed, because of the way the subdivision is designed, it would not be permitted because it would not meet the setbacks.  He said he recalls that in the Code, existing cell towers are exempt.  He said the house on Lot 22 would not meet the setbacks.

     Upon inquiry by Commissioner Carey, Mr. McMillan answered that the distance required from the cell tower to the closest property would be three times the height of the tower.

     Chairman Henley said this is correctable to meet the intent, so why is staff allowing this without an exception.

     Commissioner Morris asked why would staff deliberately put something in violation by allowing this to go forward when the original intent of the original separation agreement must be invalid.

     Chairman Henley said the concern is the reason for separation regardless which was there first.

     DCM Don Fisher addressed the Board to state the tower code setbacks apply to new towers, but not to when residential goes in next to the towers.  Part of the logic when that was done is that everybody knows the tower is there, they can see it and it is not a surprise.  He advised there was some discussion and recognition of the tower in March, 2004, when this went through zoning.  From the staff’s perspective, that is when the approval took place, and the Final Master Plan is just concurrence of the previous process.

     Chairman Henley asked if that precludes the Board from making a correction, because the purpose of the setback is for safety.

     Mr. McMillan advised that the objective of the cell tower ordinance was to regulate the placement of a tower, and it does not require a house to be separated from the tower at the time of its construction.  He doesn’t think, at this point, the Board can change that.  He doesn’t know if, at this point in the process, the Board could do anything to deny owners of the property the right to plat it in accordance with the previous approvals because of where the tower is. 

     Commissioner Morris gave a “what if” scenario and said the Board would potentially be allowing someone to go into a public danger.

     Mr. McMillan said if the Board wants to deal with that issue, they would probably want to readdress the regulations.

     Whereupon, Commissioner Morris said the Board may want to readdress the public safety side.  Mr. McMillan said he thinks the Board would have to readdress the Code, as he doesn’t think there is anything in the Code now that says someone can’t establish a residential use within a certain distance of a tower.  Commissioner Morris requested to see some options on that from staff.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the Final Master Plan and Developer’s Commitment Agreement for Hawthorne Estates PUD and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______; property located on the east side of Orange Boulevard, 0.4 mile north of SR 46, based on staff findings; Deborah Hagen/Hawthorne Estates, LLC.

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

     Chairman Henley asked Mr. Fisher to note that staff is to take a look at the Code to readdress this issue.

-------

     Mr. Walter presented the request to approve the Fossitt Business Park PCD Final Site Plan and Developer’s Commitment for 10+/- acres located at the northeast junction of Orange Boulevard and Missouri Avenue (Jamie Russell). 

     Tony Matthews, Planner, distributed information (copy received and filed) to the Board regarding the Fossitt PCD Final Site Plan.

     Mr. Walter stated the applicant is also requesting an amendment to Condition C.6. of the Development Order, to allow the agreed up $4,775 contribution for a sidewalk along Missouri Avenue to be paid prior to the issuance of the first building permit.  Staff does not an objection to that request.  He noted two clarifications:  Item VII of the Developer’s Commitment Agreement, Permitted and Prohibited Uses, A.1. reads that Communication towers (unless by special exception) are prohibited, and staff wants that to read, “prohibit non-camouflaged communication towers, but by special exception, they could be approved.”  Also, on Item VIII, Vehicle and Pedestrian Circulation System, A.1., strike “and right turn lane” from this section.

     District Commissioner Carey referred to Item VIII.B.3. and stated the County doesn’t have a sidewalk fund and to see this item indicates that some day they would have a sidewalk along Missouri Avenue, but she stated the County has no plans for that.  She advised that the bus stop is now in the neighborhood and no longer comes up to the corner and based on the wall that has been designed, she will strike Item VIII.B.3. of the Developer’s Commitment Agreement because she thinks it is inappropriate.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the Fossitt Business Park PCD Final Site Plan and Developer’s Commitment Agreement, as shown on page _______, as amended, including deleting Item VIII.B.3., 10 +/- acres located at the northeast junction of Orange Boulevard and Missouri Avenue, with staff findings, Jamie Russell.

     Upon inquiry by Commissioner Morris, Commissioner Carey stated the homeowners’ representative was in to see her yesterday and stated they are fine with the plan as long as the wall is being built.

     Motion by Commissioner Morris to amend the motion that the wall be constructed at the time of site work prior to vertical construction of the buildings.

     Commissioner Dallari seconded the amendment.

     Commissioners Morris and Carey discussed the amendment.  Commissioner Carey said she did not have a problem with the amendment for the wall to be constructed at the time of any vertical construction.

     Districts 1, 2, 3, 4 and 5 voted AYE on the amendment to the motion.

     Commissioner Dallari discussed the west side setback and Building 500.  Commissioner Carey stated from the minutes the residents did not want any doors facing Missouri, so they maneuvered some of the buildings and that was part of the preliminary changes made.  

     Commissioner Dallari recommended noting that the one particular building, Building 500, is going to encroach the side setback by a considerable amount instead of a minor modification.

     Vote of the main motion, as amended, was taken with Districts 1, 2, 3, 4 and 5 voting AYE.

-------

     David Gregory, Solid Waste Manager, addressed the Board to present request to approve and authorize Chairman to execute the Seminole County and City of Altamonte Springs Solid Waste Management Agreement. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Seminole County and City of Altamonte Springs Solid Waste Management Agreement, as shown on page _______.

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

     Commissioner Morris congratulated staff on the agreement.

-----

     Chairman Henley recessed the meeting at 10:35 a.m. and reconvened it at 10:47 a.m.

PUBLIC HEARINGS

     Commissioner Morris stated he has received a packet of information for Item #68, request to vacate and abandon/Lonnie Groot, representative for Arthur Evans, on this afternoon’s agenda.  He noted that this is a continued public hearing, but no additional public input is to be given.  The applicant has asked for a continuance and this item has already been continued once. 

     Upon request of Commissioner Morris, Mr. McMillan gave the Board’s policy on continuances.

     Commissioner Morris asked that the various people be contacted to advise of the request for continuance and that Mr. Evans nor Mr. Groot are available for this afternoon.

     Chairman Henley asked staff to notify the people that this hearing will probably be continued until the first meeting in January, 2006, and remind them that this is a continuation and is not for public input. 

REGULAR AGENDA, Continued

     Suzan Bunn, Tourism Development Director, addressed the Board to request approval of the amended agreement with United Arts of Central Florida and Seminole Cultural Arts Council and Budget Amendment Request for $105,745.

     Upon request by Commissioner Dallari, Ms. Bunn reviewed the information (copy received and filed) on the breakdown of funds proposed by United Arts. 

     Commissioner Morris stated the issue is there are three groups--Seminole Cultural Arts, United Arts and Helen Stairs Theatre.  He said he does not have a problem with distributing the funds as the requests come in for the $100,000 already allocated.  The Board may want to think about having a workshop for the additional allocations.  He thinks United Arts has done a very responsive job.  Also, Seminole Cultural Arts Council and Helen Stairs Theatre make an argument.  He is concerned if the Board has enough conditions on what they are doing.  He suggested allowing the current allocation already approved, but on the additional amounts, maybe do a workout.

     Chairman Henley said he totally supports that.  He is uncomfortable that the Board is starting to give away a sizeable amount of money, but they don’t have a tremendous amount of oversight on how that money is used and they have not clearly defined that.  He said he was just given a notebook (not received and filed) from the Seminole Cultural Arts Council and he has not been able to read that yet.  He would personally be in favor of approving the formula of $.50 per capita and distributing the money that has already been budgeted.  He would like to hold the other until he could meet with the individual groups to understand more about their situation. 

     Commissioner Morris commented the Board may also want to consider, if they determine to hold a workshop, the checks and balances system in place with the current Community Grants program.  Also, he said consider the concept of matching grants.  The Board would be putting new money into a system where they can see new money coming in from a matching grant.  These two things would really help the arts community and inspire them for greater reach of what they are trying to do.

     Upon inquiry by Commissioner Van Der Weide, Ms. Bunn advised that this money is coming from the General Fund Reserve.  She said TDC money can be used for promotions that bring room nights into the community.  There is a 5th cents that could be used, but it would have to be a high density tourism impact county to get that and Seminole County does not qualify for that.

     Commissioner Dallari stated he would have no problem with a work session, but his question is due to the timing, he thinks it would be prudent to have the work session as soon as possible. 

     Chairman Henley said the Board has already approved the contract that is budgeted, but they are talking about new money coming in and how they want to deal with that.

     Commissioner Carey said the sooner the better for a work session.  There is a business plan to do the Ritz Theatre’s summer kids movies and they need to know if they can have some part of these funds.  She concurred with Commissioner Dallari that before the end of the calendar year they need to have that.  Discussion ensued.

     Chairman Henley stated he will have his Administrative Aide contact the Commissioners about their availability, and he will try to work it out before the end of the calendar year. 

     Commissioner Morris said staff also needs to do preparation work with trying to match the various items the Board has discussed.

     Commissioner Dallari stated he would like for all the Commissioners to have the breakdown information.

     Mr. Grace stated that at the last meeting, the Board made the motion to approve the original allocation.  He asked if staff could interpret that to mean the Board authorized moving ahead to execute a contract to allocate those dollars now.  Commissioner Morris said it’s the additional monies they would like to hold a workshop on and see what the division would be and what qualifications might be put on those allocations.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to approve the current allocation as applications come in for distribution under the current methodology; hold the money for the amended allocation for FY 06 totaling $105,745 until the Board holds a work session to determine the allocation methodology and any constraints they would put on the distribution of those funds.

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

County Manager’s Briefing

     Mr. Grace stated he had spoken to each of the Commissioners about transitioning to new leadership in the County government and, as a followup to that, he has provided his proposed letter of resignation (copy received and filed) which outlines how the transition would occur.  He said he will continue to serve as County Manager through the end of the calendar year and will be available under advisory capacity through the fiscal year.  He asked the Board to accept the letter of resignation and authorize the Chairman to sign it.

     Commissioner Morris stated he thinks he has had a very good experience through the years with Mr. Grace, and he agrees with mixed emotions, to accept his resignation.  He wished Mr. Grace the best in his future endeavors.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to accept the letter of resignation from Mr. Grace, as shown on page ______, and authorize the Chairman to execute same.

     Chairman Henley stated he will be voting against the motion as he thinks they need to ask Mr. Grace to stay.  He reflected on what has been accomplished under Mr. Grace’s tenure and said he hopes the Board asks Mr. Grace to stay.

     Commissioner Van Der Weide stated he has been on the Board longer than anybody and witnessed more than several county managers.  He has seen what has been accomplished and realizes the County is the envy of the region.  He thinks Mr. Grace has been a wonderful county manager and did a wonderful job.  Everybody he’s run into within the County and region considers him a real professional and astute at his job.  He thinks it’s a shame they are at this point.  He would hate to see Mr. Grace go.  He said he will vote against Mr. Grace leaving.  He said he would be interested to hear what the Commissioners have to say who will be voting in favor of the motion.

     Commissioner Morris said he understands Commissioner Van Der Weide’s request and finds that wholly inappropriate.  He has by motion honored the wishes of Mr. Grace and offered, if he could, to help him in his future endeavors.  His wish is to move in a new direction for the County and Mr. Grace is at the stage of his life that it is time to move on.  This is a decision that Mr. Grace made.

     Districts 1, 2 and 5 voted AYE.

     Commissioners Henley and Van Der Weide voted NAY.

     Commissioner Morris said the effective date of the resignation letter is December 31, 2005, and the Board has one meeting scheduled prior to that. 

     Motion by Commissioner Morris, seconded by Commissioner Carey, to bring back at the next Board meeting a not-to-exceed budget that would concur with a national search that would also include the funds that would require a search for a range of professional services and those costs associated with such a campaign, such as flying in candidates for interviews; that the Board launch the search in January, 2006, and have the opportunity the discuss the profile of what they wish the next county manager to have in terms of qualifications and credentials; and effective January 1, 2006, that Don Fisher be appointed as Acting County Manager.

     Under discussion, Chairman Henley said he would concur with the first three parts of the motion, but he is not ready yet to name an interim.  He would, therefore, be voting against the motion.

     Commissioner Van Der Weide stated he would have to personally counsel with Mr. Fisher to see if he is willing to take the position on an interim basis.

     Chairman Henley said he thinks they should respect the workload Mr. Fisher already has, which he thinks is excessive already.  He has not had an opportunity to talk with Mr. Fisher or anyone else regarding an interim and he would like to have that opportunity before making an appointment.

     Commissioner Carey stated based on the letter from Mr. Grace, he would still be available for counsel to the Acting County Manager or through the process for a period of time, so she does not have a problem.  She thinks Mr. Fisher has done an excellent job as Deputy County Manager and his former experience in the Planning Department makes him an excellent choice for the interim candidate.  She said she will support the motion.

     Commissioner Morris stated Mr. Grace has indicated very much confidence in Mr. Fisher.

     Commissioner Morris qualified his motion to state if Mr. Fisher accepts the position, based upon his workload.  Discussion ensued.

     Districts 1, 2 and 5 voted AYE.

     Commissioners Henley and Van Der Weide voted NAY.

-------

     Chairman Henley recessed the meeting at 11:15 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session. 

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

REQUEST TO VACATE & ABANDON

LONNIE GROOT FOR ARTHUR EVANS, Continued

 

     Continuation of a public hearing to consider a request to vacate and abandon a portion of the unimproved public rights-of-way known as Palm Avenue and Elm Street, as described in the proof of publication, Lonnie Groot representative for Arthur Evans. 

     Chairman Henley advised the applicant is requesting a continuance of this item.  Copy of email from Mr. Evans was received and filed. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until January 10, 2005 at 1:30 p.m., or as soon thereafter as possible, consideration of a request to vacate and abandon a portion of the unimproved public rights-of-way known as Palm Avenue and Elm Street, as described in the proof of publication, Lonnie Groot representative for Arthur Evans. 

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

REQUEST FOR LAND USE & REZONING

FROM A-1 TO PUD, MICHAEL J. GOOD

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from Commercial to Industrial on approximately 9.9 acres and rezoning from A-1 (Agriculture) to PUD (Planned Unit Development District) on approximately 22.3 acres, located on the south side of Orange Boulevard, 800 feet west of I-4, Michael J. Good, received and filed. 

     Planner, Jeff Hopper, addressed the Board to present the request, advising the PUD will accommodate a variety of commercial uses.  The Commercial designation supports the C-1 and C-2 uses indicated on the Preliminary Master Plan.  However, the plan also proposes C-3 and M-1A uses so the applicant is requesting a land use amendment for the central 9.95 acre portion of the site to Industrial.  He said at this point the plan is conceptual with specific uses and site lay-out to be established through one or more final master plans.  He further advised the staff recommends approval of the request subject to the conditions in the development order.  He said communication towers are permitted in C-1 and C-2 zoning if they are camouflaged.  Towers not meeting those requirements would require a major PUD amendment and public hearing. 

     District Commissioner Carey stated with regard to Item K of the D.O., currently there are no sidewalks along Orange Boulevard. 

     Planning Manager, Tony Walter, addressed the Board to advise since there are no sidewalks on Orange Boulevard, staff would have no objections to striking Item K from the D.O. 

     Charlie Madden, representing the developer, addressed the Board to state they are in agreement with the staff’s recommendation and the development order with a couple of minor changes.  He said the first is with regard to Item C regarding the communication towers and they would like to include Mr. Hopper’s comments regarding same in the D.O.  He also said that they would like the ability to serve alcoholic beverages as an ancillary use if a sandwich shop come into the project.  With regard to Item D, prohibiting outdoor advertising signs, he advised that currently there is a billboard on the site that has been grandfathered in and he wants to make it clear that they are not required to take that down.  He stated that with regard to Item K (sidewalks), they will be putting internal sidewalks in; however, there are no sidewalks on Orange Boulevard to connect to and they would like that requirement to be stricken. 

     Chairman Henley stated that under the billboard policy, a grandfathered sign can remain until it comes down and at that point, it cannot be replaced.   

     County Attorney, Robert McMillan, advised the prohibition in Item D does not include alcoholic beverages that are served in restaurants. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended striking Item K (sidewalks on Orange Blvd.) from the D.O. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2005-49, as shown on page _______, approving Small Scale Land Use Amendment from Commercial to Industrial on approximately 9.9 acres; and adopt Ordinance #2005-50, as shown on page _______, approving rezoning from A-1 (Agriculture) to PUD (Planned Unit Development District) on approximately 22.3 acres, located on the south side of Orange Boulevard, 800 feet west of I-4, Michael J. Good, based on staff findings; and approval of Development Order, as shown on page _______, as amended, regarding Item C (communication tower language) and striking Item K regarding sidewalks. 

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

CHAIRMAN’S REPORT

     Chairman Henley advised of letter from Chairman Ben Tucker of the Charter Review Commission requesting BCC direction on a proposal for the rural area amendment that came up during the last CRC meeting.  He said because this matter is in litigation, he does not believe it would be wise to make any revisions to it. 

     Mr. McMillan stated he would rather have the direction of the Fifth District Court of Appeals before changing anything in the amendment. 

     Commissioner Morris agreed, stating he believes it would be premature for the CRC to debate this issue. 

     Commissioner Dallari stated he believes they should wait until the decision of the Court and then, if necessary, go back to the voters. 

     The consensus of the Board was to send a letter to the CRC advising them the BCC does not believe it is timely to discuss the rural area amendment because of it being in litigation. 

     Ben Tucker, CRC Chairman, addressed the Board to state during his time serving on the CRC, he does not recall the question of coming to the BCC for permission to review an issue.  He said he is in attendance as CRC Chairman and the majority vote of the CRC. 

     Chairman Henley stated a letter will be drafted advising the CRC of the Board’s consensus on this issue. 

-------

     Chairman Henley noted UCF’s endeavor to secure a medical school and that Orange County has contributed $1 million towards that.  He said that the Mayor offered another $1 million if it could be matched by the surrounding counties.  He advised that Osceola County has contributed $100,000.  He suggested Seminole County give $100,000 toward this effort. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to contribute $100,000 toward UCF’s medical school. 

     Under discussion, Commissioner Carey questioned when the money would be given. 

     Commissioner Dallari clarified the motion that a letter of intent will be sent specifying that the County will contribute up to $100,000.  He also suggested Chairman Henley attend the appropriate meetings in Tallahassee, if necessary. 

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

COMMUNICATIONS AND/OR REPORTS

 

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

  1. Copy of letter dated 10/28/05 to Governor Jeb Bush from Chairman re: Approval of Ruth Chris QTI application.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

 2.  Copy of letter dated 10/27/05 to Senator Bill Nelson from Chairman re: Appreciation for assistance in securing additional FEMA funds.

 

 3.  Letter dated 10/26/05 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Public hearing for adoption of annexation ordinance on 11/14/05.  (cc:  Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

 4.  Letter dated 10/01/05 to Chairman (with attachment) from John Koehler, District Manager-Fla. Department of Agriculture & Consumer Services, re: 2004/05 Annual Report for the Fla. Division of Forestry.  (cc:  Co. Manager, Deputy Co. Managers, Public Safety Director)

 

 5.  Memorandum dated 10/21/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

 6.  Letter dated 10/21/05 to Chairman (with attachment) from John Litton, City Manager-City of Lake Mary, re: Adoption of resolution requesting Co. enforce Sexual Predator Ordinance in City of Lake Mary.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Sheriff)

 

 7.  Copy of notice dated 10/25/05 to Casselberry Resident/Property Owner from Matt Dorsten, Planner-City of Casselberry, re: Seminole Boulevard East Small Area Study Community Follow-up meeting on November 8, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Economic Development Director, Planning & Development Director)

 

 8.  Copy of letter dated 10/21/05 to Kevin Grace, Co. Manager, from Jeffrey Jones, Acting Executive Director-East Central Fla. Regional Planning Council, re: 2005/06 Annual Assessment.  (cc:  BCC)

 

 9.  Copy of petitions from 255 Carillon Community residents opposing the North location for UCF’s stadium.

 

10.  Letter dated 10/17/05 to Chairman from Major Joseph Knobel, Corps Officer-Salvation Army, re:  Appreciation for recent food drive.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Human Resources Director)

 

11.  Memorandum dated 10/18/05 to Chairman from Ray Valdes, Seminole Co. Tax Collector, re: Finalization of Tax Collector Oviedo Branch Office Relocation Lease Agreement.

 

12.  Memorandum dated 10/20/05 to BCC (with attachment) from Doris-Anne Freeman, City Clerk’s Department-City of Altamonte Springs, re: Adoption of vacating and abandoning ordinance.  (cc:  Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

13.  Letter undated to BCC (with attachment) from Maxwell Stewart, Executive Director-International Council of Central Florida, re: Request for support of the ICCF and its International Visitor Leadership Program.  (cc:  Co. Manager, Deputy Co. Managers)

 

14.  Letter dated 10/15/05 to Chairman (with attachment) from Linda Radun re: Appreciation for supporting Animal Services and request to consider teaching DVD’s.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Safety Director, Animal Services Manager)

 

15.  Memorandum dated 10/25/05 to BCC (with attachments) from Penny Fleming, Chief, Administrative Services-Sheriff’s Office, re: Sheriff’s Office FY 2004/05 Budget Closeout.

 

16.  Copy of letter dated 10/23/05 to Mike Wittmer, Animal Services Manager, from Gloria Wade, The Animal Welfare Alliance of Central Fla., re:  Accomplishments of the Animal Welfare Alliance of Central Fla. with Animal Services. 

 

17.  Copy of letter dated 10/09/05 to Commissioner Bob Dallari from the Forest Creek Homeowners Association re: Suggestions for inclusion in the Development Order for Dodd Road Town Homes. 

 

18.  Copy of letter dated 10/25/05 to Kevin Grace, Co. Manager, from Lonnie Groot, Esquire-Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, PA, re: Request for continuance to November 15, 2005 for Evans’ vacation of right-of-way. 

 

19.  Contract for services, as shown on page _______, between Seminole Co. and Ryan Patrick Leahey (Field Supervisor Slow Pitch Softball)

 

20.  Copy of letter dated 10/25/05 to Donna Paslay from Kenneth Roberts, Director-Public Safety, re:  Appreciation for recent donation.

 

21.  Letter dated 11/02/05 to BCC (with attachment) from William Merck, Vice President, Administration and Finance-University of Central Florida, re: Proposed campus stadium newsletter.

 

22.  Letter dated 10/31/05 to BCC (with attachments) from John Saboor, Executive Director, and Joe Fellini, Seminole Co. Marketing Manager-Central Florida Sports Commission, re: September activities and reports.

 

23.  Memorandum dated 11/04/05 to BCC and Co. Manager (with attachment) from Sally Sherman, Deputy Co. Manager, re: State community funding budget requests from surrounding counties.

 

24.  Letter dated 11/02/05 to Chairman (with attachment) from Ray Valdes, Seminole Co. Tax Collector, re: Annual refund check for $4,871,784.

 

25.  Letter dated 11/01/05 to Chairman (with attachment) from Eric Hill, Director Systems Management and Operation-MetroPlan, re: Vehicular crash analysis information.

 

26.  Copy of letter dated 11/01/05 to Ajit Laichandani, Co. Administrator-Orange Co. Government, from Linda Watson, Chief Executive Officer-LYNX, re:  2006 budget and potential shortfalls.  (cc:  BCC, Co.  Manager)

 

27.  Copy of letter dated 11/01/05 to Co. Manager from Linda Watson, Chief Executive Officer-LYNX, re: Unexpected fuel increase for LYNX.

 

28.  Copy of letter dated 11/01/05 to Co. Manager (with previous correspondence attached) from Clayton Simmons, Administrative Judge, re:  Civil Courthouse Security Deficiencies. 

 

29.  Letter dated 10/28/05 to Chairman from Larry Dale, President/CEO-Orlando Sanford International Airport, re:  Appreciation for assistance in obtaining international passenger service.

 

30.  Copy of letter dated 10/31/05 to Dawn Perry from Kenneth Roberts, Director-Public Safety, re: Appreciation for donation of animal services supplies.

 

31.  Copy of letter dated 11/01/05 to Julia Dailey from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donation.

 

32.  Contract for services, as shown on page _______, between Seminole Co. Government and Wade Cook (Softball Slow Pitch Umpire).

 

33.  Letter dated 11/10/05 to Chairman from Linda Watson, Chief Executive Officer-LYNX, re: Critical need for additional bus shelters in Seminole, Orange and Osceola Counties.  (cc:  Public Works Director, Planning Manager)

 

34.  Letter dated 11/11/05 to BCC from Don Peterson re: Opposition to vacating property along North Elm and Palm Avenue in Black Hammock.

 

35.  Letter dated 11/8/05 to BCC from Joe Montisano, CEO-Central Florida Zoological Park re: Request to approve TDC funding request of $270,000.

 

36.  Letter dated 11/4/05 to Chairman from Ronald Johnson re: Opposition to increase in impact fees by the School Board.  (cc:  BCC, Co. Manager)

 

37.  Letter dated 11/8/05 to BCC (with attachments) from Everette Huskey, President-Huskey Development, re:  Thoughts in raising impact fees by the School Board. 

 

38.  Memorandum dated 11/7/05 to Kevin Grace-Co. Manager, Sally Sherman-Deputy Co. Manager, Don Fisher-Deputy Co. Manager from Skip Bafalis and Jim Davenport, Alcalde & Fay, re: Progress report on representing Seminole County in Washington. 

 

39.  Memorandum dated 11/7/05 to BCC and Co. Manager from Lenor Bromberg, Special Projects-Engineering, re: Update on Casselberry’s Wirz Park Trail.

 

40.  Copy of letter dated 11/7/05 to Joanne Fitzgerald from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

41.  Memorandum dated 11/4/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

42.  Notice and agenda for 11/16/05 Seminole Co. Port Authority Board meeting.

 

43.  Contract for services, as shown on page _______, between Seminole Co. and the following:  Lauren Domenech (Scorekeeper) and Cliff Franke (Slow Pitch Softball Umpire).

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Dallari requested staff review the pedestrian crossing across Hwy. 17-92 in the vicinity of Katherine Estates, south of SR 434.  He said he has had complaints that it is unsafe. 

-------

     Commissioner Dallari advised he attended the “Flight Fest” at the Orlando/Sanford Airport and wanted to thank the Authority for their invitation. 

-------

     Commissioner Dallari advised he attended the kick-off meeting “Relay for Life” presented by the American Cancer Society and said if there is any thing he can do to help, to please let him know. 

-------

     Commissioner Morris advised he attended the National Philanthropy Day ceremony and was presented with an Outstanding Government Philanthropic Support Award for Seminole County.  He noted that this is the first time a county government was given the award.  He congratulated the County and County staff on this award. 

-------

     Commissioner Morris referred to the letter from Chief Judge Clayton Simmons regarding the Civil Courthouse security problems and asked what was being done about it. 

     Chairman Henley advised he and Mr. Grace responded and indicated that some of the things would be done that would not be impacted by the renovation. 

-------

     Commissioner Morris stated it is important that the County residents work with their State Legislature, particularly on the Wekiva Parkway issue.  He added that it is important for the County to start making announcements so the citizens can be updated and have an opportunity to talk to them. 

-------

     Chairman Henley advised that there is a large business coming to the Fern Park area.  He said he hopes staff will do what they can to expedite the process to get them in as quickly as possible. 

-------

     Commissioner Carey requested a follow-up report on the news stands at the bus stops issue; and said she would like to know how the County is going to address that. 

-------

     Commissioner Carey advised she attended the Lake Mary Heathrow Festival of the Arts on November 5th and 6th. 

-------

     Commissioner Carey noted that also on November 5, the Central Florida Zoo premiered “The River Runs North”. 

-------

     Commissioner Carey advised the Veteran’s Day Parade was held in downtown Sanford on November 11, 2005. 

-------

     Commissioner Carey stated that she also attend “Flight Fest” at the Sanford Airport on November 12th. 

-------

     Commissioner Carey reminded everyone that the City/County reception is being held on November 17, 2005 at 5:30 p.m. 

-------

     Commissioner Morris requested the December 13, 2005 BCC meeting be rescheduled.  A brief discussion ensued. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to reschedule the December 13, 2005 BCC meeting to December 20, 2005. 

     Discussion ensued with regard to scheduling the Work Session on United Arts and the Board directed that the Work Session be scheduled during the December 20 meeting. 

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

COUNTY MANAGER’S REPORT

     Mr. Grace advised the Board that the Reserve at Slavia Project (Congressional Homes & Developers of Florida) has been withdrawn, therefore, it will not be heard by the Board on December 20, 2005.  Copy of letter from Bowyer-Singleton & Associates regarding same was received and filed. 

-------

     Mr. Grace distributed information (received & filed) on the analysis of the proposed Colonial Properties (HIBC) Annexation into the City of Lake Mary and asked for direction.  He said the latest information he has heard is that there is no formal submittal before the City at this time.  Discussion ensued.

     Chairman Henley commented that the County’s position needs to be on the land use change and not the annexation. 

     Commissioner Morris stated that the Board has a long-time working relationship with the City of Lake Mary.  He said he believes the County needs to be proactive on this. 

     Commissioner Carey stated she thinks the County would be premature to object to this because of the fact that the property owner has not made an application yet. 

     Commissioner Morris said he would like to tell the City that the County has great concern over losing the “Class A” office space on this property.  At a minimum, he said he would request Mr. Grace forward a copy of April Boswell’s report to the City of Lake Mary and advise them of this discussion. 

     No one voiced any objections to Commissioner Morris’ request. 

-------

     The Chairman declared the meeting adjourned at 2:45 p.m., this same date. 

 

 

ATTEST:______________________Clerk_____________________Chairman

cc/slm