BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 10, 2004

 

 

 

            The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m. on Tuesday, February 10, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Bishop Hezekiah Ross, West Sanford Free Will Holiness Church, Sanford.

     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.

Consent Agenda

 

County Manager’s REPORT

 

     Relating to Item #11, Budget Amendment Request for $250,000, Commissioner Maloy reminded staff of Skylark Road.  He also brought to their attention the corner of Dean Road and Aloma Avenue and asked if some trees could be planted there as a buffer. 

     Jerry McCollum, County Engineer, addressed the Board to advise he is aware of Skylark Road.  He said staff will also look at the corner of Dean and Aloma.  He said he will discuss with DOT the wildflowers that were put on Aloma.

     Commissioner Van Der Weide commented regarding Item #29, Sanford Airport Authority/Seminole County Interlocal Agreement, that the Airport Board just passed the agreement at the meeting they had last week. 

     Commissioner Morris re-entered the meeting at this time.

Commissioner Van Der Weide said this is a very significant step forward and he hopes there will be more to come. 

     Chairman McLain said he agrees and he appreciates Commissioner Van Der Weide’s efforts working with the Airport Board.

     Commissioner Henley commented regarding this item that he noticed the County is reimbursing for $120,000 worth of landscaping that the County would have done.  He asked how large of an area of landscaping is being done.  Mr. McCollum stated that this is a little less than a mile.  He explained staff is following the normal policy that if another entity decides to do the landscaping the County would have done, then the County will give them the money to do it.

     Commissioner Morris stated he thinks this is a great cooperative agreement.  He complemented the Airport Authority for the marketing they have done in the original name change and he complemented them on their continuing marketing outreach.  He said everywhere he turns now he is reading something positive about the airport.  He hopes they continue that public outreach. 

     Regarding Item #8, Budget Change Request for $262,000, Commissioner Henley said he noticed that the majority of money is going to the Traffic Control Center.  He asked what upgrades are going to be able to be done that can’t be done now.

     Gary Johnson, Public Works Director, addressed the Board to state the funding has to do with expanding a few more message signs.  It helps the County system to be more compatible with the regional system.  This requires some equipment that the County doesn’t currently have on their system.

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

County Manager

 3.  Confirm Appointment of Patti Michel, as Community Information Director, effective March 22, 2004.

 

Community Services

Community Assistance

 4.  Adopt the Seminole County Health Department Fee Resolution #2004-R-23, as shown on page _______, to insure proper fees are charged for its services.  Seminole County Health Department proposes to repeal and replace the current Fee Resolution 2002-R-180.  This Resolution includes revisions to existing services offered by the Seminole County Health Department. 

 

Environmental Services

Solid Waste Management

 5.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for the following companies:  Affordable Tires, Inc; Keller Outdoor, Inc.; Safety-Kleen Systems, Inc.; SP Recycling Corp.; and USA Services of Florida, Inc.

 

Fiscal Services

Budget

 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). 

Purchasing

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).

 

Planning & Development

Development Review

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). 

23.  Approve Final Plat for the Lake Forest Section 9A containing 23 single-family residential lots zoned PUD on 13.2 acres within the Lake Forest Planned Unit Development located on the north side of SR 46, west of North Oregon Street, approximately one mile west of I-4 (Orlando Lake Forest Joint Venture, Richard D. Bavec, Senior Vice President). 

24.  Approve Final Plat for the Lake Forest Section 9B containing 20 single family residential lots zoned PUD on 10.304 acres within the Lake Forest Planned Unit Development located on the north side of SR 46, west of North Oregon Street, approximately one mile west of I-4 (Orlando Lake Forest Joint Venture, Richard D. Bavec, Senior Vice President). 

25.  Adopt appropriate Resolution #2004-R-28, as shown on page _______, accepting the Warranty Deed, as shown on page _______, and canceling property taxes for land donated as right-of-way on Elder Road from Michael B. Myers and Jacqueline M. Myers. 

 

Public Safety

Emergency Management

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.

 

Public Works

Engineering

27.  Adopt appropriate Resolution #2004-R-29, as shown on page _______, accepting 2 Quit Claim Deeds, as shown on page _______, (Andrew Leon Butler and Leuria Jean Butler; Prince McKinney III and Janice McKinney) to Seminole County for property necessary for roadway improvements to 2nd Avenue, Midway. 

28.  Adopt appropriate Resolution #2004-R-30, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, (The Apostolic Church of Jesus, Inc.) to Seminole County for property necessary for roadway improvements to Ford Drive (east of Ronald Reagan Boulevard and north of Merritt Street). 

29.  Approve and authorize Chairman to execute the Sanford Airport Authority/Seminole County Interlocal Agreement, as shown on page _______, relating to a new airport entrance on East Lake Mary Boulevard. 

 

Road Operations/Stormwater

30.  Approve and authorize Chairman to execute Second Renewal, as shown on page _______, to the Agreement between the St. Johns River Water Management District (SJRWMD) and Seminole County for the Seminole County Watershed Action Volunteer (WAV) Program Coordination.

 

Tourism Development

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

 

Consent Agenda

 

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

Litigation

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

 

Consent Agenda

 

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

Clerks Office

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.

 

Legislative Update

 

     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.

Regular Agenda

 

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. 

LEGISLATIVE UPDATE, CONTINUED

     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. 

PROOFS OF PUBLICATION

     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. 

PUBLIC HEARINGS

 

REQUEST FOR AMENDMENT & REZONE,

MI HOMES/ERIC WILLS

 

     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. 


REQUEST TO REZONE FROM

RP TO OP, MIKE DIPASQUA

 

     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. 

REQUEST TO REZONE FROM A-1

TO R-1, DEBORAH HAGEN

 

     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. 

REQUEST FOR NON-AD VALOREM ASSESSMENTS

 

     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’S REPORT

     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. 

DISTRICT COMMISSIONERS’ REPORTS

     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. 

COMMITTEE REPORTS

     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. 

COMMUNICATIONS AND/OR REPORTS

     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.

 

COUNTY MANAGER’S REPORT

     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