BOARD OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
Commissioner
Van Der Weide led the Pledge of Allegiance.
Awards
and Presentations
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to adopt appropriate Resolution #2004-R-21, as shown on page _______,
proclaiming February 17, 2004 as “Step
Up, Florida!” day to promote physical activity and healthy lifestyles.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner Van Der Weide presented the
Resolution to David Medley, Community Assistance, and Mike Napier, Health
Department
Director.
Mr. Napier thanked the Board and Chairman
for recognizing this effort and expressed appreciation for the Board’s
participation.
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Commissioner Morris left the meeting at
this time.
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Motion by Commissioner Maloy, seconded by Commissioner Van
Der Weide, to adopt appropriate Resolution #2004-R-22, as
shown on page
_______, proclaiming the month of February 2004 as “Black History Month”.
Districts
1, 3, 4, and 5 voted AYE.
Commissioner
Maloy presented the Resolution to Ms. Nina Frazier, African-American Chamber of
Commerce, who expressed her appreciation with pride on behalf of the Chamber.
6. Authorize the Tax Collector to publish the 2003 Tax Delinquent Lists in the Seminole Herald at the rate of $0.70 per square inch for the first insertion and $0.40 per square inch for each subsequent insertion.
7. BCR #04-13 – $65,000 –
Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax
Fund. The intersection improvement
project at CR 426 @ Old Mims Road is no longer necessary due to the completion
of a similar intersection improvement project at the intersection of CR 426 @
Snowhill Road. Traffic Engineering requests the use of these funds ($65,000)
for the purchase of longer span for the mast arm at the Bear Lake Road and SR
436 intersection. This will allow the
traffic signals to line up with the travel and turn lanes and comply with FDOT
regulations.
8. BCR #04-14 – $262,000 – Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax Fund. Traffic Engineering projects relating to the upgrade of the Advanced Traffic Management System (ATMS) were input into the FY 03/04 Budget without identifying specific locations because they were unknown at the time the budget was being prepared. Four locations have now been identified (SR 46, Howell Branch Road, Red Bug Lake Road and the Control Center at the Public Safety Building). An accounting adjustment is requested to allocate funding to these specific projects.
9. Adoption of Budget
Amendment Resolution #2004-R-24, as shown on page _______, $25,000 – Public
Safety: 11908 – Disaster Preparedness Grant Fund. On October 2, 2003 Seminole County received a $25,000 grant for
Community Emergency Response Team (CERT) training. Receipt of these funds was
Board approved on BAR #2003-R-199 on November 18, 2003. Upon receipt, these funds were inadvertently
placed in the Emergency Management organization number, which is in the General
Fund. Staff is requesting to move these
funds into a separate organization number and Grant Fund (11908) for tracking
purposes.
10. Adoption of Budget Amendment Resolution #2004-R-25, as shown on page _______, $27,500 – Administrative Services: 00100 – General Fund. Requests for proposal were taken from three paving contractors to overlay the existing asphalt, inclusive of parking lot striping and car stops, at the County Services Building to match the new asphalt that was laid as part of the recent paving and drainage project. The low proposal was $25,000 from Orlando Paving Company. Staff is requesting approval of $27,500 ($25,000 plus 10% contingency for cost over runs) amendment from General Fund Reserve for Contingency to fund the project.
11. Adoption of Budget Amendment Resolution #2004-R-26, as shown on page _______, $250,000 – Public Works: 10101 – Transportation Trust Fund. Pursuant to a Joint Participation Agreement approved during the 10/28/03 Seminole County Board of County Commissioners meeting, the FDOT has made $250,000 available towards the installation of landscaping improvements on State Road 426 from State Road 417 to Red Bug Lake Road. Once installed, the landscaping will enhance visual aesthetics for the overall corridor, including the County’s Cross Seminole Trail, which parallels this segment of SR 426. This action establishes the necessary accounts in the Annual Budget to allow staff to proceed with implementation.
12. Adoption of Budget Amendment Resolution #2004-R-27, as shown on
page _______, $10,106 – Community Services: 00100 – General Fund name. The County receives funding from the sale of
the “Choose Life” license plates.
Florida Statutes mandate that this revenue must be used to promote
adoptions in Seminole County. This action recognizes $10,106 in previous year
revenues that will be used to promote adoptions in Seminole County.
MSBU
13. Approve and authorize Chairman to execute the Satisfaction of Lien, as shown on page _______, for Jon A. Harrison for final assessments for the Chula Vista Road Paving and Drainage Municipal Services Benefits Unit (Ordinance No. 97-94).
14. Award CC-1222-03/TLC, Continuous Contracts for Public Works Minor
Construction, Construction Costs less than $500,000.00, as shown on page
_______, to Central Florida Environmental Corp., JCB Construction, Inc., American
Persian Engineers & Contractors, Inc., and Schuller Contractors, Inc.
(Not-to-Exceed $5,000,000.00 per year for all contracts combined).
15. Accept and authorize the Chairman to execute the Certificate of
Final Completion, as shown on page _______, for DB-606-01/BJC – I-4 Trail
Overpass Design/Build Project, with Martin K. Eby Construction, Inc., Maitland.
16. Award
RFP-4205-03/TLC, Insurance Brokerage Services for Seminole County, as shown on
page _______, to Arthur J. Gallagher & Co., Orlando (6% Commission with a
$100,000 Maximum).
17. Award RFP-4198-03/PWM, Legal Services for
Construction Claims and Litigation, as shown on page _______, to Kirwin Norris,
P.A., Winter Park ($135.00 per hour – all inclusive blended hourly rate).
18. Award RFP-4206-03/GMG, Concession Services
Agreement for Seminole County Softball Complex, as shown on page _______, to
Timothy and Pamela Grubbs, Apopka (15% commissions of gross receipts).
19. Authorize
Negotiations and Award Master Agreements, as shown on page _______, for
PS-5153-03/AJP, Professional Services for Landscape Architecture and Irrigation
Design Services to David Wickham & Associates, Inc.; Lake Mary; and Lucido
& Sole Design of Orlando (Not-to-Exceed $100,000.00/per year for both
agreements combined).
20. Approve
Amendment #6, as shown on page _______, to PS-549-00/BJC, Architectural and
Engineering Services for the Seminole County New Criminal Justice Center and
Renovation of Existing Courthouse, with HKS Architects, Inc. of Tampa, FL (add
$91,000.00 to Existing Courthouse Renovations).
21. Approve Extension for A/B-378-99/GMG – Term
Contract for Hot and Cold Asphaltic Concrete, with Orlando Paving Company,
Orlando (Not-to-Exceed $3,500,000.00) (March 7, 2004 through March 6, 2005).
22. Approve Final Plat for the Retreat at Wekiva,
Phase 2, containing 119 single-family residential lots zoned PUD (Planned Unit
Development) on 31.09 acres located on the north side of Orange Boulevard
approximately 800 feet northwesterly of North Oregon Street (Jim Rickman, Allen
and Company).
26. Approve and authorize Chairman to execute
Memorandum of Understanding, as shown on page _______, between the Seminole
County School Board, the Seminole County Health Department and Seminole County
for the use of School Board facilities as Points of Distribution for Strategic
National Stockpile.
31. Approve and authorize Chairman to execute the Seminole Soccer Club
Inc. Agreement, as shown on page _______, with Seminole County in the amount of
$20,000.
Districts 1, 2, 3, 4, and 5
voted AYE.
County Attorney’s REPORT
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide, to approve and authorize the following:
32. Approve proposed Settlement Agreement, as shown on page _______, in
the amount of $3,500.00, inclusive of fees and costs, relating to a code
enforcement lien accrued at 1920 Carrigan Avenue, Winter Park, Florida; Kelley
Property.
33. Approve negotiated settlement relating to Parcel Numbers 109 and
709 of the Howell Branch Road road improvement project, located at 1885 Howell
Branch Road, Casselberry, in the amount of $196,680.00, inclusive of land,
severance damage, statutory interest, attorney fees and costs; Korshak
Property.
34. Approve negotiated settlement of attorney’s fees and costs relating
to the denial of the order of take on Parcel Numbers 203 and 203B of the East
Lake Mary Boulevard, Phase IIB road improvement project, located along Kentucky
Street at the intersection of Brisson Avenue, in the amount of $22,092.00;
Hayes/Nordman Property.
Under discussion of Item #32, Commissioner
Henley asked if the accrued amount is still accruing daily, and Mr. McMillan
answered no, the property is now in compliance.
Don Fisher, Planning & Development
Director, addressed the Board to state in arriving at the settlement amount,
$5,000 for the Taylor property was used as a benchmark in this case. He explained that the garage was constructed
to the proper codes but without a permit.
Mr. McMillan further explained the
difficulty in getting the building permit because the building was already
constructed.
Commissioner Henley remarked regarding Item
#33, Korshak Property, that it looks like it took about 12 years to settle
this. He said it seems to be to the
County’s advantage to move quicker on some of these things.
Mr. McMillan responded that the interest
accrues but the value of the land does not accrue during the time of
litigation. He explained that the
property owner became ill during the process and was out. This was only recently settled because a new
attorney took over and got it moving.
Districts 1, 2, 3, 4, and 5 voted AYE.
Constitutional Officers REPORT
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve and
authorize the following:
35. Expenditure Approval Lists, as shown on page _______, dated January 20 and 27, 2004; and Payroll Approval List, as shown on page _______, dated January 15, 2004.
36. Chairman to execute Satisfactions of Judgment/Bail Bond Liens for
the following:
Hiram Figueroa & American Surety Ins. Co. - $538
Nicole T. Jones & American Surety Ins. Co. - $2,038
Anthony Keith Gilliam & Accredited Surety & Casualty Ins. Co. - $3,038
Tandy A. Ramos & Evergreen National Indemnity Co. - $201
37. Chairman to execute Satisfactions of Judgment/Court Costs for the
following:
Brian K. Hunt, #84-9311-MMA - $155
Robert Lynn Johnson, #01-1628-CFA - $134.62
William Glen Rayner, #98-1886-CFA, Court Costs and Public Defender Application Fee - $295
William Glen Rayner, #98-1886-CFA, Public Defender Application Fee - $40
38. Approval of BCC Official Minutes dated January 13, 2004.
Sheriff’s Office
40. Approve and authorize Chairman to execute Budget Amendment
Resolution #2004-R-31, as shown on page _______, to enter the Vitamin
Settlement Award for $50,000 into the Seminole County Sheriff’s Office budget. Several states filed a multi-state
price-fixing lawsuit against manufactures of vitamin products. Seminole County Sheriff’s Office was awarded
$50,000 to be split; $20,000 for child nutrition activities held by the Police
Athletic League and $30,000 to a local non-profit (Pathways to Care) for
feeding of medically underserved.
41. Approve and authorize Chairman to execute Budget Amendment Resolution #2004-R-32, as shown on page _______, increasing Sheriff’s Office FY 2003/2004 budget by $7,910 for unclaimed evidence funds in accordance with Section 705.105 Florida Statutes stating that unclaimed evidence funds become the property of the Sheriff’s Office.
42. Approve and authorize Chairman to execute Budget Amendment Resolution #2004-R-33, as shown on page _______, to transfer $750,000 in reserve funds allocated in the Sheriff’s FY 2003/2004 adopted budget to the Sheriff’s operating account for staffing and start-up expenses for the new Criminal Justice Facility.
43. Authorize contribution of $200.00 from the Law Enforcement Trust Fund to the Rock Lake Middle School’s drug-free, alcohol-free eighth grade graduation celebration. Request complies with Florida State Statutes, Chapter 932.7055(4)(a).
Under
discussion, Commissioner Henley inquired about Item #42, Budget Amendment
Request to transfer $750,000 to the Sheriff’s operating account. Mr. Grace advised that basically what is
left over at the end of the year comes to the General Fund. This money is designated for a specific
purpose and he believes it is for 29 positions.
Penny
Fleming, Sheriff’s Office, addressed the Board to state this is for 29
positions and some capital and operating.
At the end of the year, anything left over will revert to the County.
Districts 1,
2, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received and filed”:
1. Letters to Maryanne Morse, Clerk, from Thelma McPherson, Casselberry City Clerk, regarding Ordinances 03-1109, Annexation of Lake Howell Property, and 03-1110, Annexation of Regency Oaks Area.
2. Third
Amendment, as shown on page _______, to PS-578-00, CE&I Services Agreement.
3. Fourth
Amendment, as shown on page _______, to PS-333-96, Engineering Services
Agreement.
4. Work
Order #79, as shown on page _______, to FC-1139-00, SR 46/Rinehart Road
Intersection Improvements.
5. Work
Order #44, as shown on page _______, to PS-566-00, Landfill SCADA Support.
6. Work
Order #1, as shown on page _______, to PS-5145-03, Utilities Cost of Service
Study.
7. Copies
of letters to the Board of Adjustment Members from Attorney Lonnie Groot
regarding Special Exception Application by the City of Casselberry for the
Water Treatment Plant.
8. Work
Order #8, as shown on page _______, to PS-373, Little Econ River Basin.
9. First
Amendment, as shown on page _______, to PS-595-01, Cross Seminole Trail North.
10. Title Opinion, as shown on page _______, for
Longwood-Lake Mary Commerce Park.
11. Work Orders #9, #10, #11, #12, and #13, as
shown on page _______, to CC-1212-03, Miscellaneous SHIP Home Repairs.
12. Amendment #1, as shown on page _______, to
Work Order #1, YO-903 Roof Consulting Services (Orange County Contract),
Criminal Justice Center.
13. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with the Seminole County Port Authority and Orlando Lake Forest Joint Venture.
14. Utility Agreements, as shown on page _______,
for Water and Sewer Service with Pelloni Capitol Corp.
15. Letter to Maryanne Morse, Clerk, from Andrea
Lorenzo-Luaces, Winter Springs City Clerk, regarding Annexation Ordinance
#2003-42.
16. Support and Maintenance Agreement, as shown on
page _______, M-418-04, with Selectron Technologies, Inc.
17. Appraisal Services Agreements, as shown on
page _______, M-412-04, M-413-04, M-415-04, and M-416-04.
18. Change Order #4, as shown on page _______, to
CC-1195-02, Osceola Road Landfill Improvements.
19. Change Order #6, as shown on page _______, to
FC-1168-01 with Wharton Smith, Inc.
20. Eighth Amendment, as shown on page _______, to
DB-605-00, Juvenile Justice Center.
21. Change Order #1, as shown on page _______, to
CC-1207-03, Reiss Environmental and McMahan Construction Co., Inc.
22. Work Order #5, as shown on page _______, to
PS-5124-02 with Post, Buckley, Schuh & Jernigan.
23. Amendment #1, as shown on page _______, to Work Order #5, PS-5135-02, with GMB
Engineers and Planners, Inc.
24. Work Order #62, as shown on page _______, to PS-590-01 with Transportation Engineering dba TEI Engineers & Planners.
25. Change Order #3, as shown on page _______, to
CC-1192-03 with Schuller Contractors, Inc.
26. Consultant Services Agreement M-417-04, as
shown on page _______.
27. Contractor Services Agreement M-418-04, as
shown on page _______.
29. Bids as follows: RFP-4206-03; 297-03; RFP-4209-04; CC-1224-04; RFP-4208-04; and
IFB-3080-03.
Steve
Lee, Deputy County Attorney, addressed the Board to state Senator Callan called
Bobby Brantley to ask what the County’s funding priorities were on the seven
items requested for funding. He
consulted with Mr. McCollum and prioritized the road projects and spoke with
Mr. Franks also. He wants to advise the
Board of the priorities given and asked if they have something different, staff
can try to call and change them. He
explained that they had to act immediately in getting these to Senator
Callan. He stated he could send a memo
to the Board later regarding this. Mr.
Lee read the priorities as follows: (1)
SR 46 expansion of four lanes from Sanford Avenue to 415; (2) Regional
Alternate Water Supply Testing Program; (3) St. Johns River Water Management
District Basin Initiative with all the water projects; (4) SR 46 and I-4
Interchange Construction; (5) SR 415 from 46 to the Volusia County line; (6)
Historical Museum Third Building to house unique agricultural equipment; and
(7) I-4/434 Interchange Reconstruction.
Mr.
Lee advised Commissioner Morris that Item #7 is listed last because it is not
on the MPO list so it was given the lower recommendation. Whereupon, Commissioner Van Der Weide stated
the County’s transportation issues should be coordinated with the MPO
priorities.
Chairman
McLain asked that Mr. Lee provide the Board with a written copy of the list and
the Board can discuss it before the public hearings this afternoon.
Tina Deater, Senior Planner, addressed the Board to present the request for approval of the PCD Final Site Plan and Developer’s Commitment Agreement for approximately 1.09 acres located on the north side of SR 426, east of South SR 417 for the final phase of the Aloma Business Center Tract 2, Winston-James Development. She stated staff is recommending approval.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the PCD Final Site Plan and Developer’s Commitment Agreement, as shown on page _______, for approximately 1.09 acres located on the north side of SR 426, east of South SR 417 for the final phase of the Aloma Business Center Tract 2, Winston-James Development.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Chairman McLain recessed the meeting at 10:07 a.m. and reconvened at 10:20 a.m.
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Tom Helle, Building and Fire Prevention,
addressed the Board to present the appeal of the Building Contractors Examiners
Board’s Findings & Order, Scott Kobrin and Cosmopolitan Homes, Inc. He stated staff is recommending the Board
uphold the decision of the Building Contractors Examiners Board.
Upon inquiry by Commissioner Van Der Weide,
he stated he believes everything is still not in compliance.
Attorney Mark Thomson, Shutts & Bowen,
representing Scott Kobrin and Cosmopolitan Homes, addressed the Board to state
there are a couple of outstanding violations.
One was not having the engineering calculations submitted. He said Mr. Kobrin now has the engineering
back up, but he did not know it was needed at that time. Mr. Thomson submitted those calculations to
Mr. Helle. He said regarding the 1/8”
gap outstanding, Mr. Kobrin and the Bosses have reached irreconcilable
differences as to the measure of time to get that taken care of. On a number of occasions the Bosses and
Cosmopolitan have attempted to meet on the site but there has been refusal and
denial. He would like the opportunity
to get these differences resolved by allowing a third party contractor to go
out and estimate the amount of work that needs to be completed. As to the siding 1/8” gap, the Bosses have
money being held in escrow that will more than adequately cover completing this
work. He suggested allowing a third
party contractor to do that. He said
this is the only item that is a code enforcement issue outstanding, and it is
not a life-threatening situation.
Mr.
Thomson asked the Board to reverse the order of the Building Contractors
Examiners Board and allow the escrow arrangement for a third party and finalize
this to the satisfaction of the County’s inspection department. He said until this matter, Mr. Kobrin and
Cosmopolitan have enjoyed a clean reputation.
Mr. Kobrin would like to maintain their opportunity to continue working
in this community.
Chairman
McLain asked for the reason why Mr. Kobrin failed to follow the directions of
the Contractors Board and did not comply by providing all the information
requested. Attorney Thomson said he
understands that Cosmopolitan has attempted to go out to the home and complete
the work and has gone out on several occasions. The work was unacceptable to the Bosses and Mr. Boss refused to
allow them to complete the work.
Commissioner
Morris stated the record does not show any communications from Mr. Kobrin to
staff telling them he could not comply because the Bosses would not permit him
to comply. It seems to him the onus is
on Mr. Kobrin to do everything he can to comply.
Attorney
Thomson said aside from the communications Mr. Kobrin had with Mr. Helle, he
has taken a video camera out to the site where the Bosses have refused to allow
them to complete the work.
Commissioner
Morris noted that it’s not just the 1/8” gap that is the issue. There were wall cuts, nailings, and a
variety of other things cited.
Commissioner
Van Der Weide stated the County doesn’t want to be in the business of putting
people out of business but their job is to protect the people. Based on what they have in front of them,
there is some real need of government.
He said the Bosses obviously need protection. He wants to know if the Bosses would be interested in a
resolution to the affect offered by Mr. Thomson.
Chairman
McLain added he thinks the Board wants to see a resolution to the homeowners’
satisfaction. They want to make sure
the job is completed to the County’s code and that any direction the general
contractor was given by the Building Department is followed. He said if the work was not completed in 45
days, it was Mr. Kobrin’s responsibility to come back to the Contractors Board
and give them a good explanation and solution to the problem.
Commissioner
Maloy questioned if the $12,000 escrow was offered before for someone else to
do the work. Mr. Thomson said it is the
same escrow that was offered for the punch list of items. He is proposing that be used and it will
more than adequately cover the outstanding items.
Commissioner
Henley stated one question is satisfaction of the work and the other is what
position the Board will take to reverse the Contractors Board’s decision. It seems to him if Mr. Kobrin was as
competent as alleged to be, some of these problems would have never happened in
the first place. There is no doubt it
is going to require a third party to complete this.
Commissioner
Morris said the Board is primarily here to protect the interest of the
homeowner and, secondly, to make sure Mr. Kobrin has a fair hearing and it is
adjudicated properly. He said the issue
is enjoyment of the home and not safety.
It is the issue of relief that the Board is trying to get to. The solution Mr. Thomson is giving sounds
like a reasonable one. It probably
should have been done five months to a year ago.
Rob
Boss, 320 Kimberly Court, addressed the Board to explain the escrow agreement
was to finish the punch list by December 6, 2003. That was a breach of the contract on Mr. Kobrin’s part. They gave him ample time to complete the
work and he said that would be fine. He
takes issue with using those escrow funds to complete this work. He explained they held $12,000 back as
incentives to get things done. That is
something that would be dealt with by a judge.
He doesn’t want this Board to deal with that $12,000. He said they would love to have a third
party come and fix things. He doesn’t
want to use this money.
Upon
inquiry by Commissioner Maloy, Mr. Boss said the sheathing was done, though it
is unsightly, and the 1/8” gap still remains.
Upon
inquiry by Chairman McLain regarding the flashing, Mr. Helle said it is correctly
installed. The code does not mandate
how it has to look but that it has to function.
Commissioner
Van Der Weide discussed the gap and the affect the rain and mold might have on
the house in years to come because of the gap.
Mr.
Thomson stated if there is a need for additional escrow, they would consider
that. He explained that 99% of the cut
for the gap is done. He said the fascia
flashing was done according to the manufacturer’s specifications.
Chairman
McLain said he would like to continue this to make sure all the other items get
completed. Mr. Kobrin should go back
before the Contractors Board and report to them with the stipulation that all
problems have been resolved to the satisfaction of the Building Department and
see what response he gets from them before he comes back to the BCC. He wants every inspection done that has not
been paid for to be paid for, and he wants the property owner to be able to
hire a third party as suggested to complete the work on the cutouts around the
window to make sure those are properly corrected. He wants the Building Department to meet with Mr. Kobrin and
confirm that the engineering findings are satisfactory to the code as far as
the sill on the window. If not, that
would have to be corrected to the satisfaction of the Building Department. Further, he wants to see the flashing
properly installed and not jerry-rigged.
Attorney
Thomson said they agree with these terms.
Chairman
McLain said he agrees with Mr. Boss that the issue of the escrow is not for the
Board to deal with. That is money set
aside to be dealt with in agreement between the two parties and the Judge will
have to decide how it is to be spent.
He said once Mr. Boss has an estimate for the work and agrees to the
price, he will have to put that money in escrow. He said he assumes he can do that per Mr. Boss’s attorney so they
know the money is there to pay for the repairs. He said he will give Mr. Kobrin until the second meeting in April
to come back before the BCC so he can resolve the problems with the Contractors
Board to their satisfaction.
Under
inquiry by Commissioner Morris, Chairman McLain said Mr. Kobrin can go back and
argue with the Contractors Board to consider lowering the suspension. If the Contractors Board is satisfied, the
BCC won’t hear this case again, but only if they are not satisfied. He said the BCC will receive a report from
Mr. Helle if the Contractors Board has been satisfied.
Upon
inquiry by Attorney Thomson, Chairman McLain clarified that Mr. Kobrin still
has a suspended license.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue to
the second meeting in April (April 27, 2004) at 1:30 p.m., or as soon
thereafter as possible, the appeal of the Building Contractors Examiners
Board’s Findings and Order, with stipulations identified by the Board; Scott
Kobrin and Cosmopolitan Homes, Inc.
Under
discussion, Chairman McLain reiterated the stipulations are to: complete the gap; reinstall the flashing
correctly; Building staff to confirm or not confirm the Engineering findings on
the window; none of the current escrow will be used for this work; Mr. Kobrin
will place into escrow whatever amount the two parties agree to in order to
complete the work; and Mr. Kobrin is to be in compliance with any other items
ordered by the Building Contractors Examiners Board.
Chairman
McLain asked that Mr. Thomson expedite meeting with the Bosses and make sure
they have bids on this work. If there
are any problems, he needs to make sure he advises Chairman McLain’s office, as
the District Commissioner, if he needs to talk to the Board about this if he
should need a couple more weeks. He
said he doesn’t want to hear any excuses from the contractor’s side as to why
the work is not complete.
Mr.
McMillan rephrased the motion to remand this case back to the Building
Contractors Examiners Board in accordance with the discussion today. This will be brought back to the BCC no
later than the second meeting in April.
That would permit it to come back sooner if it is resolved before April.
Following
further discussion, Commissioner Maloy said Mr. McMillan has recommended a
different motion. Whereupon,
Commissioners Morris withdrew his first motion, and
Commissioner Van Der Weide withdrew his second.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to remand the
appeal of the Building Contractor Examiners Board’s Findings & Order for
Scott Kobrin and Cosmopolitan Homes, Inc., as recommended by the District
Commissioner and the additional conversation of the BCC, which is in agreement
with the Appellant’s Attorney and in agreement with the homeowner to get a
third party to complete the work; and if not resolved by the Building
Contractors Examiners Board, then at the second meeting in April, this will
come back to the BCC.
Districts
1, 2, 3, 4, and 5 voted AYE.
County Manager’s Briefing
County Engineer Jerry McCollum gave an update
on the status of the wall construction for Howell Branch Road, Phase II in the
Dommerich Hills Subdivision. He
reviewed the history of the wall construction.
He said there appears to be a painting/stucco type issue with the
wall. There were no structural issues
that the wall would fall down. Last
week, staff took a metal detector out and verified where the steel was
located. He said the contractor who
built the wall is certified. Staff
called four different people, and two responded who said it looked like it was
a seal problem on the paint. They
obtained three total bids. Mr. McCollum
said he advised the homeowners that the County would go ahead and approve the
work and have it done. The residents
have told staff they don’t want the County to do the work.
Upon inquiry by Commissioner Maloy, Mr.
McCollum stated that Mr. Venable went out and looked at the wall originally,
and apparently he has now changed his mind.
He said his claim that the wall was not adequately constructed is not
correct. He said he as well as the
Building Department have visited the site and neither one found a structural problem.
Robert Hawk, 2530 Sweetwater Trail, addressed
the Board to state their concern is that the wall has numerous cracks and it
appears to be a significant amount of separation between the columns and the
main body of the wall. There are
pieces of concrete falling off the wall.
They know the contract was not followed to the letter by the contractor
in that the paint specified in the contract was not used. They now have other questions about the
structure integrity. He said the
residents have the liability for the wall.
Their concern is that when the County originally proposed the wall to
the residents, the contract physically drawn up does not represent the
conceptual drawing. There is some doubt
in the minds of the residents as to how they have been treated. They expect that some of the appearance
problems are due to the fact that the wall could be moving. If the footers the wall sits on is moving,
that could be why some of the paint is cracking.
Upon inquiry by Commissioner Morris, Mr.
McCollum stated the original sketch may have shown conceptually a cap on the
columns but not the wall. That was the
conceptual, but he doesn’t think anyone told the residents they would do that. He explained that the contract would be to
pressure clean any place that has cracks and do grouting. He would like the specifications of the
paint so they don’t get more hairline cracks.
He further advised that staff has no problem doing the work, but it’s on
private property. The homeowners will
not let the County go out and do the work.
He said also the wall is private.
Commissioner Henley said the appearance of
the wall has deteriorated. He doesn’t
think they are going to solve the problem because they are dealing with
concrete, and it has a tendency to shrink over a period of time. He feels they have to stay in good faith and
go ahead and do as outlined by what Mr. McCollum and the County Manager
recommended to try to remedy the situation and then look at this again a year
from now. This has to be contingent
upon a signed statement from the property owner to go in and do the work.
Mr. McCollum said the work would be on both
sides of the wall and normally there would be a one year warranty.
Commissioner Henley stated his recommendation
and motion is to authorize staff to proceed with doing the work outlined
specifically on getting permission from the homeowners and then look at this
again a year from now. If the
homeowners don’t concur, there is nothing the County can do about this.
Commissioner Morris seconded the motion.
Commissioner Maloy requested that staff use
mildewcide on the wall, and check with Mr. Venable before starting any
work. Mr. McCollum said he would
personally call Mr. Venable and see what his concerns are.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Cathleen Consoli, Senior Planner, addressed
the Board to review the proposed text
amendments of the Economic Element of the Seminole County Comprehensive
Plan: Vision 2020 A Guide to the
Journey Ahead (SCCP), integrating the adopted Economic Development Strategy for
2003 into the element. She stated the
four major concepts are to: (1)
Continue to create a great place to live; (2) Build a strong business
environment; (3) Communicate the Seminole County opportunity; and (4) Focus on
target areas, industries, and occupations.
She advised that the Land Planning Agency recommended approval of the
element. She said staff will ask for
the Board’s approval of transmittal of the element at the hearing of February
24, 2004.
Commissioner Van Der Weide stated Mr.
McDermott was quoted in the newspaper saying that bricks and mortar is not
working. He said the County’s policy
has been in the past for bricks and mortar and jobs so they would be seeing a
real policy shift if what he read in the newspaper is correct. He knows Lake Mary has a real issue on
moving forward without bricks and mortar.
He thinks eventually the Board will have to address this issue. He said the Board has done things on a
case-by-case basis, but he doesn’t think they have changed the policy. To read this in the newspaper is quite
alarming.
Mr. Grace said he doesn’t think anything
presented to the Board today has changed the position the Board has taken in
the past. He thinks they can’t just
focus on bricks and mortar, but there are some other aspects, including jobs,
which they have also included in the policy.
Bill
McDermott, Economic Development Director, addressed the Board to state it was
not his intent to go out and publicly start to alter policy in the County. He was asked by the County Manager to
address the Lake Mary City Commission about the idea of using incentives to
urge companies to move into existing buildings as opposed to building new
ones. He said many projects they are dealing
with involve companies already here or looking to move into the area that are
looking at already existing building space.
The reason they are doing that is because it is available. Maybe five, six and 10 years ago that was
not the case. His discussion with the
City Commission was for them to think about the idea that those jobs are just
as important as the capital investment of bricks and mortar. They need to look at the entire, big picture
and impact.
Chairman
McLain said the Board wants to see the expanded tax base through construction.
But he doesn’t think the Board has any objections to an opportunity to look at
any prospects to go into an existing building, but they would have to bring to
the table something substantial for the Board to decide if it would be
reasonable to provide any incentive.
Commissioner
Van Der Weide said this would be done case-by-case; they certainly don’t want
to lose any partners.
Commissioner
Morris said the City Manager did raise some objections to the issue. The real issue was Lake Mary had a policy that
was hard and fast. He said the County
has stayed on the belief of their policy and Mr. McDermott’s comments were just
that. His answer was to Lake Mary. If they don’t change their policy, that is
just that. The County will see what
they come back and say in a couple months.
All Mr. McDermott did was reiterate the Board’s policy. The newspaper picked up something
different. He further said the County
is basically saying the City of Lake Mary is virtually built out. Mr. McDermott was trying to explain they
have redevelopment and retainage issues.
Chairman McLain stated the buck stops with
the City, and the County will partner with them if they want them to do
so.
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Chairman McLain advised Item #48, Buffering
Techniques – Review of Fence and
Wall Buffering Techniques, has been pulled from the Agenda and will be brought
back at a later time.
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Tom Radzai, Stormwater Division, addressed
the Board to give an update on the proposed elementary school, using 15 acres
of the 60-acre future Midway Regional Stormwater Facility Site on Celery
Avenue. He stated they now have
completed the final engineering plans.
He showed copies of the site plans and said 25 acres of retention shall
be provided. They are also working on
cleaning up the site that is contaminated with arsenic.
Commissioner Morris left the meeting at this
time.
Diane Kramer, School Board, addressed the
Board to state they thought that joining with the County they would have more
leverage with DOE (Department of Education) and could get the property under
their jurisdiction to make this project work.
Commissioner Morris re-entered the meeting at
this time.
Ms. Kramer said their intent would be to
replace the existing Midway Elementary School and use that as a Pre-K School to
partner with Head Start.
Upon inquiry by Commissioner Maloy, Mr.
Radzai said the design slope would not require fencing. However, Ms. Kramer said they would fence
off the school site.
Chairman McLain stated in a meeting with the
School Board staff, Superintendent, and County staff and County Manager they
have come up with a methodology so they can have access from 20th
Street and Celery Avenue. That way, the
school buses would have access from both sides.
Ms. Kramer added that also would provide a
south connector that meets the County standards.
Commissioner Van Der Weide left the meeting
at this time.
Commissioner
Henley questioned the number of retention ponds shown on the plans.
Chairman
McLain said he believes the plans were drawn before they talked about sharing
the retention.
Ms.
Kramer said their intent is to share retention; to put it into one pond as long
as it works out. She said the plans are
very conceptual at this point.
Mr.
Radzai said there should be more than enough storage in the one pond.
Mr. Grace advised staff is looking for
conceptual approval from the Board today so they can move forward. Whereupon, Commissioner Henley said to move
forward.
Chairman McLain said the consensus from the Board is
for staff to move forward and bring back the final site plan.
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Mr.
Grace advised staff has received a letter requesting a continuance to the next
meeting for Item #52, Rezone request for Deborah Hagen. If the Board approves and wants to authorize
it, staff will contact the appropriate people during lunch.
Commissioner
Van Der Weide re-entered the meeting at this time.
Matt
West, Planning Manager, addressed the Board to state the applicant could not
attend the meeting this afternoon.
District
Commissioner McLain said he did not have any objections to continuing the
hearing to February 24, 2004.
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Chairman McLain recessed the meeting at 11:48 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
DCM,
Sally Sherman, and Assistant County Attorney, Steve Lee, addressed the Board to
present the proposed priority Legislative Funding Request for 2004 (copy
received and filed).
Commissioner
Morris stated he believes the I-4/Greeneway Interchange is something that was
going to be worked on in the next couple of years and that it needs to be put
higher on the priority list.
Chairman
McLain and the Board agreed to move the I-4/Greeneway Interchange from
number 8 on the priority list to number 2.
Chairman
McLain stated he feels the SR 434/I-4 Interchange should also be higher on the
list. The Board agreed to move
same from number 7 on the priority list to number 3.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy 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.
REQUEST
FOR AMENDMENT & REZONE,
Continuation of a public hearing to consider a request for a Small Scale Land Use Amendment from SE (Suburban Estates) to PD (Planned Development); and rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development District) on 10.31 acres, located on the north side of Orange Boulevard, approximately 300 feet west of North Oregon Street, as described in the proof of publication, MI Homes/Eric Wills.
Planner,
Jeff Hopper, addressed the Board to present the request, advising the applicant
proposes 37 single-family homes at a minimum lot size of 5,500 square
feet. He stated the net density is 3.99
units per net buildable acre. He added
staff recommends approval subject to the conditions in the proposed development
order, including the following: (1)
Lots shall be no less than 50 feet in width and 5,500 square feet in size; (2)
Minimum house size shall be 1,100 square feet; (3) A 6-foot masonry wall along
Orange Boulevard frontage; and (4) Setbacks to be 25 feet from the right-of-way
and 20 feet from the nearest edge of the sidewalk.
Steve
Mellich, representing the applicant, addressed the Board to state not only are
they building a 6-foot masonry wall along Orange Boulevard, but they are also
planting 4 canopy trees per lineal foot.
Bob
Bugnacki, 5352 Orange Boulevard, addressed the Board to state he appreciates
that the density has been reduced to 3.99 per acre; however, he is concerned
that the right-of-way is narrower so
that they could get the same number of units.
Planning
Manager, Matt West, addressed the Board to advise the pavement width will still
be 24 feet; an easement will be in place to accommodate the sidewalk.
Mr.
Mellich advised they will put in sidewalks on both sides of the street.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
District Commissioner McLain recommended
approval.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt
Ordinance #2004-5, as shown on page _______, approving a Small Scale Land Use
Amendment from SE (Suburban Estates) to PD (Planned Development); to adopt
Ordinance #2004-6, as shown on page _______, granting rezoning from A-1
(Agriculture District) to PUD (Planned Unit Development) for property described
as 10.31 acres, located on the north side of Orange Boulevard, approximately
300 feet west of North Oregon St., as described in the proof of publication;
and to approve Development Order, as shown on page _______, MI Homes/Eric
Wills.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from RP (Residential Professional) to OP (Office Professional) approximately .58 acres located on the southeast corner of the intersection of Florida Haven Drive and Maitland Avenue, as described in the proof of publication, Mike Dipasqua, received and filed.
Planner,
Tina Deater, addressed the Board to present the request, advising the applicant
wishes to build an office addition. She
further advised the staff recommends approval of the OP zoning, with the
condition that a geotechnical evaluation be submitted that demonstrates that
the site has Type A soils, a very deep water table, and exceptional
infiltration rates, to permit an exfiltration drainage system.
John
Reynolds, representing the applicant, addressed the Board to advise they have
done the geotechnical evaluation and have determined that they have Type A
soils and a high table at ten feet.
No
one else spoke in support or in opposition.
District
Commissioner Henley stated the project started out as one-story and staff
recommended going to two stories rather than enlarge the footprint of the
building. This will save a huge oak
tree and he agrees with that. He
further stated that in order to make this work, the applicant is requesting
five variances. He recommended approval
of the rezoning with the requested variances.
Motion
by Commissioner Henley, seconded by Commissioner Morris to adopt Ordinance
#2004-7, as shown on page _______, granting request to rezone from RP
(Residential Professional) to OP (Office Professional); and to approve
Development Order, as shown on page _______, including requested variances, for
approximately .58 acres located on the southeast corner of the intersection of
Florida Haven Drive and Maitland Avenue, as described in the proof of
publication, Mike Dipasqua.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling District) for approximately 15.92 acres located on the east side of Orange Boulevard, 0.4 miles north of SR 46, Deborah Hagen, received and filed.
The
Board was advised that a letter requesting a continuance to February 24, 2004
has been received from the applicant.
No
one spoke in support or in opposition.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to continue
until February 24, 2004 at 1:30 p.m., or as soon thereafter as possible,
consideration of a request to rezone from A-1 (Agriculture) to R-1 (Single
Family Dwelling District) for approximately 15.92 acres located on the east
side of Orange Boulevard, 0.4 miles north of SR 46, as described in the proof
of publication, Deborah Hagen.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider the adoption of a resolution for the Uniform Method of Collecting Non-Ad Valorem Assessments, pursuant to Florida Statutes, received and filed.
Gail
Bigelow, Fiscal Services, addressed the Board to present the proposed
resolution, advising improvements made through MSBU’s are financed through
non-ad valorem assessments placed on the properties in the districts. The Florida Statutes provides for the
collection of the non-ad valorem assessments through the uniform method.
No
one spoke in support or in opposition.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt
appropriate Resolution #2004-R-34, as shown on page _______, adopting the
Uniform Method of Collection for non-ad valorem assessments, pursuant to
Florida Statutes Section 197-3632, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain advised the rules require that a member of the MPO must be appointed to
the MPO Transportation Disadvantaged Board.
He said this would make Commissioner Van Der Weide, who he initially appointed,
ineligible. Therefore, he will assign
Commissioner Morris to serve in this capacity and advised he will be available
as an alternate himself.
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Chairman McLain advised the County has received an invitation to visit County Wicklow, Ireland in the year 2004, and he has asked Commissioner Henley to attend to represent the Commission.
Upon
inquiry by Commissioner Henley, Mr. Grace advised that dates can be worked out
with County Wicklow.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize a
delegation, including Commissioner Carlton Henley, to visit County Wicklow,
Ireland.
Under
discussion, Commissioner Van Der Weide stated he would like to have staff
report back to the Board on who will be going on the trip.
The
Chairman confirmed Mr. Grace will report back to the Board on who will be
included in the delegation and the costs for same.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Maloy voted NAY.
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Chairman McLain advised Gary Earl, Executive Director of WorkForce Central Florida, has recommended Owen Wentworth for appointment to their Board of Directors.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Owen
Wentworth to the WorkForce Central Florida Board of Directors.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Chairman asked for the Board’s clarification on whether speed humps, when they are torn out for road repairs, can be reinstalled.
Mr.
Grace stated he does not believe the Board prohibited any new speed humps from
being installed; they just raised the percentage standards from 60% to
90%.
The
Board agreed that speed hump could be reinstalled if they are removed for road
repair.
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Chairman McLain discussed with the Board the Building Contractors Examiners Board’s 30-day appeal process.
DCM,
Rob Franks, addressed the Board to discuss the circumstances of a recent case,
advising the license was suspended on December 3 and the decision of the
suspension was entered (order signed by the Chairman) on December 17. He stated the contractor submitted his
appeal to the decision 31 days later and staff determined it was invalid
because of the 30-day time limit.
Upon
inquiry by Chairman McLain, Mr. Franks advised the order was not sent to the
contractor by certified mail.
Chairman
McLain stated he believes that whenever a license is suspended, a certified
notice should be sent notifying the party in question.
County
Attorney, Robert McMillan, advised the appeal requirement is clear that it must
be filed within 30 days from the date the order was signed. Discussion ensued.
Don
Fisher, Planning & Development Director, advised staff has changed how
parties receive their information. He
stated that the Chairman will sign orders at the meeting and a copy is then
given to the party at that time (no mailing is required).
Attorney
McMillan, upon inquiry by the Chairman, advised that the contractor can appeal
the decision to not allow the appeal to the Planning Department and then that
decision is appealable to the BCC.
The
Chairman directed staff to notify the contractor that he can appeal the
decision that his appeal was turned in too late.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Roger Cooper to the Parks & Recreation Advisory Board for a one-year term ending 01/01/05.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Maloy, seconded by Commissioner Henley to
appoint Mike O’Dell to the Parks & Recreation Advisory Board for a one-year
term ending 01/01/05; and to adopt appropriate Resolution #2004-R-35, as shown
on page _______, commending Tracy Olsen for her services on same.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Henley, seconded by Commissioner Van Der Weide to appoint Larry
Fairbrother to the Mechanical Contractors Board for a term ending
01/01/05.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Henley stated that because of the Huntersfield Road water tower issue appeal, he would request the Board direct the County Manager to prepare a map showing all service areas. He said he would like to know where the lines are, what size they are, who they belong to, and the potential for expansion.
The
Board voiced no objections to staff preparing the information requested
by Commissioner Henley.
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Commissioner Morris expressed his concern with regard to the number of annexations occurring. He said he would like to see a formal proposal by the County Manager of how staff is reviewing these annexations.
Mr.
Grace stated this is a timely issue to have a briefing with the Board.
Discussion
ensued between the Board and Mr. Fisher with regard to prior notices of annexations.
Attorney
McMillan advised currently the annexations laws are pro city.
Commissioner
Morris stated he and Commissioner McLain had the pleasure of serving as the
Governor’s appointees to the Wekiva Study Governor’s Task Force, which
concluded this month. He said he would
like to commend the County staff that assisted this committee for a job well
done. He noted that the DCA Director
sent a letter in appreciation of the staff.
The following Communications and/or Reports
were “received and filed”:
1. Minutes of 1/21/04 Seminole County Healthcare
Task Force meeting.
2. Letter dated 1/22/04 to Chairman McLain from
R. Randolph Lyon Jr., myregion.org
re: appointment of new liaison commissioner for myregion.org.
3. Copy of letter dated 1/27/04 to State
Representative Sandra Adams from Chairman McLain re: Governor’s proposed budget
for Dept. of Juvenile Justice. (IDENTICAL LETTERS SENT TO EACH MEMBER OF THE
SEMINOLE COUNTY LEGISLATIVE DELEGATION)
4. Letter dated 1/23/04 (with attachment) to BCC
from Jim Bomford, Health Care Task Force Chairman, re: recommendations on Level
I Trauma Center issue.
5. Letter dated 1/27/04 (with attachments) to BCC
from Cynthia Porter, Sanford Deputy City Clerk, re: Sanford Ordinances #3833,
3835, 3837, 3839, 3840 and 3841. (cc:
County Manager, Planning & Development Director, Planning Manager,
Elections Supervisor, Property Appraiser.
6. Notice of 1/30/04 U.S. 17-92 Redevelopment
Planning Agency (RPA) meeting.
7. Memorandum dated 1/13/04 (with attachment) to
BCC from County Manager Kevin Grace re: Capital Project Fund transfer, $77,450
for County Services Building parking & drainage project.
8. Memorandum dated 1/13/04 (with attachment) to
BCC from County Manager Kevin Grace re: Capital Project Fund transfer,
$1,153,817 for Juvenile Justice Center project.
9. Copy of letter dated 1/29/04 to Tracy Reynolds
from Joe Gasparini, Parks & Recreation Manager, re: appreciation of
donation in memory of Carlos Suarez.
10. Minutes of 1/15/04 Seminole County Public
Safety Coordinating Council meeting.
11. Letter
dated 1/22/04 (with attachment) to Chairman McLain from Thelma McPherson,
Casselberry City Clerk, re: Casselberry Ordinance #03-1110-Annexation of
Regency Oaks area. (cc: County Manager, Planning & Development Director,
Planning Manager, Elections Supervisor, Property Appraiser)
12. Letter
dated 1/22/04 (with attachment) to Chairman McLain from Thelma McPherson,
Casselberry City Clerk, re: Casselberry Ordinance #03-1109-Annexation of Lake
Howell property. (cc: County Manager, Planning & Development Director,
Planning Manager, Elections Supervisor, Property Appraiser)
13. Copy
of memorandum dated 1/30/04 to Sandy McCann, Commission Records, from Becky
Noggle, Environmental Services, re: submission into County records.
14. Copy
of letter dated 1/28/04 to Sheriff Donald F. Eslinger from Clayton H. Wilder,
FL Dept. of Law Enforcement, re: Residential Substance Abuse Treatment Program
(RSAT) allocations and legislation.
15. Notice
of 2/4/04 Sanford Community Redevelopment Agency (CRA) meeting.
16. Memorandum
dated 2/2/04 to BCC from County Manager Kevin Grace re: appointment of Rob
Frank as Acting County Manager while he is at a conference 2/4/04-2/6/04.
17. Copy
of letter dated 1/23/04 to David Medley, Community Assistance Manager, from
Beth Hamilton, FL Dept. of Law Enforcement, re: Child Abuse Victim Assistance
Tracking System 4 funding through the Byrne Formula Grant Program.
18. Seminole
County Convention & Visitors’ Bureau January 2004 North Orlando/Seminole
County Hotel Occupancy Report.
19. Letter
dated 1/26/04 to Chairman McLain from John F. Bush, Winter Springs Mayor, re:
invitation to BCC for 1/23/04 Sunshine Law Seminar hosted by City of Winter
Springs. (cc: BCC, County Managers, County Attorney)
20. Memorandum
dated 2/3/04 to BCC from County Manager Kevin Grace re: Capital Project Fund
transfer, $20,000 for Horselovers Lane project.
21. Copy
of letter dated 2/2/04 (with attachment) to Matt West, Planning Manager, from
Cecilia Bonifay, Akerman Senterfitt, re: Celery Ave. Comp Plan Amendment. (cc:
BCC, County Manager, Deputy County Manager [SS], Planning & Development
Director, County Attorney, Tony Walter)
22. Notice
of 2/16/04 City of Altamonte Springs public hearing re: Douglas Financial
Office Park, 1111 Douglas Ave., request for variance. (cc: County Manager,
Planning & Development Director, Planning Manager, Elections Supervisor,
Property Appraiser)
23. Letter
received 1/12/04 to Chairman McLain from Jorge L. Arrizurieta, Florida FTTA,
re: appreciation of Seminole County resolution in support of Miami-Dade as the
location of the FTAA Permanent Secretariat. (cc: BCC, County Managers, Economic
Development)
24. Letter
dated 1/30/04 (with attachment) to Chairman McLain from Charles Gauthier, FL
Dept. of Community Affairs, re: Comp Plan Amendment, Ordinance #2003-63; DCA
#03-2. (cc: County Manager, Planning & Development Director, Planning
Manager)
25. Letter
dated 1/26/04 (with attachment) to Chairman McLain from Alfred P. Canepa,
SJRWMD, re: St. Johns River Water Supply Project 2/11/04 meeting at Seminole
County Environmental Services with public meetings in the BCC Chambers to
follow. (cc: Bob Adolphe)
26. Letter
dated 1/27/04 to Chairman McLain from Karen Ponder, Seminole County Public
Schools, re: School Board liaison appointment, Sandy Robinson, to the BCC. (cc:
BCC, County Managers, County Attorney)
27. Letter
dated 2/2/04 to BCC from Dana Loncar, Orlando Regional Healthcare, re:
expansion at South Seminole Hospital in Longwood.
28. Copies
of letters dated 2/3/04 from Jane Peterson, Library Services Manager, re:
appreciation of donations to Robert L. Elliott in memory of Pfc Louis T.
Elliott.
29. Notice
of 2/19/04 Tri-County League of Cities meeting.
30. Letter
dated 2/3/04 to BCC from Rocco Relvini, AICP, re: proposed conservation village
in Myrtle St./Hester Rd. area.
31. Notice
of 2/19/04 City of Lake Mary public hearing re: future land use change for
Weldon Blvd. Townhomes and a city park. (cc: County Manager, Planning &
Development Director, Planning Manager, Elections Supervisor, Property
Appraiser)
32. Notice
of 2/24/04 Seminole County public hearing re: Savannah Park at Heathrow.
33. Letter
dated 1/31/04 (with attachment) to Chairman McLain from John P. Saboor and Doug
Barclay, Central FL Sports Commission, re: January activity report.
34. Letter
dated 1/30/04 to Chairman McLain from Congressman John Mica re: transportation
and mass transit projects, and approximately $500,000 secured from an omnibus
spending measure for Orlando Sanford Airport and Lake Mary Downtown Development
Program. (cc: BCC, County Managers, County Engineer, Planning & Development
Director, Larry Dale, Mayor Thom Greene)
35. Letter
received 2/9/04 to BCC from Jim Logue, Black Hammock Assoc., re: appreciation
of efforts by Roy Detwiler and Dist. 2 Team on Black Hammock and Florida Ave.
road work. (cc: BCC, County Managers, Public Works Director, Roads Manager)
36. Letter received 2/9/04 to BCC from Mickey
Norton re: suggestion to name new Oviedo High School for Paul Mickler, instead
of for Paul Hagerty as proposed by the School Board. (cc: BCC, County Managers,
School Board)
37. Copy
of letter dated 2/4/04 to John Litton, Lake Mary City Manager, from Rick
Ottesen, SJRWMD, re: additional information for Lake Mary City Hall permit.
(cc: BCC, County Manager, Planning & Development Director, Planning
Manager, Stormwater Manager)
38. Letter
dated 2/4/04 (with attachment) to Chairman McLain from Alma Wade, FL Auditor General
Office, re: operational audit of County Transportation Trust funds for FY
02/03. (cc: BCC, County Managers, Clerk of Circuit Court, Fiscal Services
Director, Public Works Director, County Attorney, County Engineer, Commission
Records)
39. Memorandum
dated 2/3/04 (with attachment) to Chairman McLain from Amy Merrill, Manatee
County, re: Manatee County Resolution #03-278 Florida Water Supply.
40. Memorandum
dated 2/4/04 (with attachment) to Chairman McLain from Mary Kay Cariseo, FL
Assoc. of Counties, re: Counties At Risk Study.
Mr.
Grace discussed the proposed funding solution and restoration plan for the Econ
River Wilderness Area. Copy of same was
received and filed. He stated he is
looking for a conceptual approval from the Board in order to move forward with
negotiating an agreement with the developer and St. Johns River Water
Management District (SJRWMD).
Chairman
McLain stated he was contacted last night by an attorney at home who knew this
subject was coming up today. He further
stated that he did not know it was coming up and is concerned that he did not
have enough information to discuss this item with the attorney. He said in the future, the Commissioners
need to know in advance when these types of issues are coming up.
Commissioner
Van Der Weide agreed that the Commissioners should be better informed.
Commissioner
Maloy stated he would like to clarify if this plan will correct the problems
that are occurring and what will prevent this from happening again.
Planner,
Craig Shadrix, addressed the Board to state he has been onsite with SJRWMD and
this should be handled similar to a wetlands violation, which will include a
full recovery.
Commissioner
Van Der Weide stated there are a lot of people interested in this and he would
hate to act quickly without being able to find out if these people are happy
with the proposal. He suggested slowing
down in order to make sure the Commissioners and the community are fully
informed.
Mr.
Grace stated he does not believe they are moving quickly. He said he would like to know if staff is on
the right track with this.
Upon
inquiry by Commissioner Maloy, Development Review Manager, Mahmoud Najda,
addressed the Board to advise the weir will reestablish the wetlands
pattern.
Mr.
Grace advised if the Board is okay with the proposal, he will reach out and
make sure the Sierra Club and the community is aware of what is being proposed
before it comes back to the Board for final approval.
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Mr. Grace reported that he will be bringing back to the Board next month the signage plan for the County Services Building and the lighting and signage for the I-4 Pedestrian Bridge.
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Commissioner Maloy advised Mr. Grace that the lights are not working on the marble “Seminole County” marker at Dean Road and Aloma.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:54 p.m., this same date.
ATTEST:
_____________________ Clerk ___________________ Chairman
cc/slm