BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
FEBRUARY
11, 2003
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday,
February 11, 2003, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at
SANFORD, FLORIDA, the usual place of meeting of the said Board.
Present:
Chairman
Daryl McLain (District 5)
Vice
Chairman Grant Maloy (District 1)
Commissioner
Randy Morris (District 2)
Commissioner
Dick Van Der Weide (District 3)(Late)
Commissioner
Carlton Henley (District 4)
County
Manager Kevin Grace
County
Attorney Robert McMillan
Deputy
Clerk Carylon Cohen
The
Invocation was given by Pastor Bruce Scott, First Presbyterian Church, Sanford.
County
Manager Kevin Grace led the Pledge of Allegiance.
Deputy County Attorney Stephen Lee addressed the Board to present request for adoption of Resolution in support of funding for Central Florida’s Community Colleges.
Motion
by Commissioner Maloy, seconded by Commissioner Morris, to adopt appropriate
Resolution #2003-R-35, as shown on page _______, in support of funding for
Central Florida’s Community Colleges.
Districts
1, 2, 4, and 5 voted AYE.
Mr.
Lee reviewed briefly six legislative items for discussion--Lynx/Metroplan,
Juvenile Justice cost shifting, Medicaid changes, cell towers, Governor’s
budget, and annexation.
He
distributed copies of his memorandum to the Board (copy received and filed)
dated February 7, 2003, regarding the Lynx/Metroplan legislation by
Representative Gardiner and Representative Johnson. He said there is a bill being prepared by Senator Constantine,
but he does not have a copy of that. He
summarized the two bills. He said Representative
Johnson has asked for the Board’s support on the concept on his bill in
general. If the Board does support the
concept, he is asking the Commission to authorize the County Attorney’s staff
to work with him on some of the details that would be necessary to put the bill
in final shape.
Upon
request by Chairman McLain, Commissioner Morris commented on the MPO Executive
Committee meeting held yesterday. He
said it is clear to him that the local officials in a significant portion of
the region, and the State officials, are not going to empower Lynx, but will
strip Lynx of any mass transit ability beyond a bus system. Lynx will only be a bus company. He stated that by consensus, the BCC said
they will monitor the process; and feared if the Board were not intricately
involved in a planning of the new organization, the Board might potentially
look at doing something on their own.
During the discussions yesterday, it was evident to him that
Representatives Johnson and Constantine want to listen to the Committee and
would not go forward with a bill if all parties do not agree. He stated the advantages of having the MPO
are that it has federal requirements for equal population and representation. He discussed that CFAST was the original
concept for a regional system. He said
he supports the core concept of the legislation. If they are looking at potentially if the bill is going to handle
the massive, regional issues for surface transportation and mass transit, they
should be thinking about including Volusia County in a partnership.
Commissioner
Maloy stated he would not support Representative Gardiner’s bill; he thinks
that would make things worse. He said
he does support Representative Johnson’s plan.
He understands that Chairman McLain suggested changing the makeup of the
board a little to make it larger.
Overall, he thinks that plan is the best chance to address Central
Florida’s transportation issues, to get the public on board, and to tackle the
problem.
Commissioner
Henley said he doesn’t think manipulating the numbers solves the problem. The problems with Lynx and Metroplan will
still be there with this organization.
What they would possibly be doing is creating a massive bureaucracy with
the authority to tax with the concurrence of each of the people in the
jurisdictions. It appears that once the
people are voted in, then the tax dollar from Seminole County goes into this
and they will lose basic control over the dollars. The County Commissioners will have a couple votes, depending on
which of the plans they choose. He
stated the problems have been those in leadership, commitment, and inability of
the officials to make decisions to get something going. The Board also should remember that Lynx did
not ask for the rail. He said he is not
willing to jump into this; there are too many questions that have not been
answered and the details of the operation have not been worked out. Often they get caught up on the concepts and
then when it really comes to fruition, they don’t like what they come out
with. He said Representative
Constantine has a “shell” bill, meaning he has not worked out any of the
details and is not ready to release it yet.
He cautioned the Board about getting on board in the environment they’re
in at this time. He thinks that much of
this is a reaction to all the publicity as a result of the trip taken that
should have never happened. He said
this system creates the same problems they have now. There is a constant turnover in membership on the boards, so
there is a certain number that are always in a learning curve, which doesn’t
solve the issue at all. He said he is
not willing to buy into a decision on either of these bills at this point.
Chairman
McLain said spending County money on projects was discussed yesterday. He understood that Representative Johnson
stated the Board would control how the money from Seminole County would be
spent. Whereupon, Commissioner Henley
said the bill does not say that.
Chairman McLain said that is why they would be approving the general
concept, giving Representative Johnson the green light to move forward and work
out some of the problems. He said he
supports moving forward with the general concept. He likes the idea of having the planning and operations under one
board, and having the elected officials responsible rather than appointees.
Commissioner
Morris stated that Representative Johnson has said that any changes relative to
home County dollars and how they are to be spent can be and will be addressed
in the bill if the County Commissioners request that. Each jurisdiction is being asked to discuss this and put in
additional changes and forward those to Harry Barley of Metroplan, who will
build a paper based on three to five other proposals that may alter the legislation. That would formally go before respective
boards in March, and then Representative Johnson would proceed with a
bill. If at any time a regional member
determines, during the course of the legislation going through Tallahassee, he
would withdraw the bill. Commissioner
Morris said Commissioner Henley has some valid concerns, in particular about
what is really happening and the unfortunate nature of what’s occurred with
Lynx. He also agrees with Commissioner
Maloy on the accountability, and he thinks that’s the real issue.
Commissioner
Henley said now the taxing authority still goes with each of the jurisdictions,
which means two can pass it and if the other person doesn’t, what happens to
the regional plan. That’s still in the
proposal, and that’s the concern he has.
He said Seminole County has stepped forward on two occasions and taxed
the citizens to deal with their problems, and Orange County has yet to do
that. These type problems are going to
make or break this situation. He
doesn’t see anything in the proposed bill that is going to do it unless the tax
is region-wide and it takes a region-wide vote, rather than jurisdiction by
jurisdiction. This is one of the
biggest hang-ups of the make-up.
Chairman
McLain stated if the Commission does not support the Johnson Bill and the
Gardiner Bill moved forward, they would have only one vote and be diluted even
further. He doesn’t know if they would
want to continue participating in the organization in that case.
Commissioner
Henley stated he sees nothing to gain by the Gardiner Bill.
Chairman
McLain said he thinks the majority consensus is to work with Representative
Johnson and bring the bill to a point where, hopefully, they can all support it
and deal with all the issues talked about.
He asked the Commissioners, if they have other issues to be addressed in
the bill, to advise Mr. Grace.
Discussion continued.
Commissioner
Maloy suggested making a recommendation on the funds that come from Seminole
County.
Commissioner
Morris noted that the Board has an opt-out provision under the federal
authority. That might be one thing Mr.
McMillan could draft for the Board so each Commissioner fully understands, and
they can speak about the full options.
Commissioner
Henley responded that once this gets into law and the details do not turn out
to the Board’s liking, they are not going to be opting out at that stage of the
game. That’s why he’s saying this bill
is incomplete. They won’t really know
what it looks like until they get all the bylaws, rules, and regulations
adopted and that doesn’t happen until after this becomes law.
Mr.
McMillan advised when they met yesterday they talked about provisions being put
in that permit an exit at some later date, even after the bill passes. They also discussed the issue of what would
happen with the money if the sales tax were imposed. Things were left on the table for discussion before the bill is
finalized and passed, and those issues will be brought back to the Board.
Upon
inquiry by Chairman McLain, it was the unanimous consensus of the Board
(Commissioner Van Der Weide was absent) to not support the Gardiner Bill. Commissioner Maloy asked that this be
relayed to the County’s lobbyists and legislators.
Commissioner
Morris noted that the majority consensus is three to one (with
Commissioner Henley saying Nay) to move forward on the Johnson Bill in concept.
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Mr. Lee reported this legislative session is going to be about money, trying to protect the County’s revenue sources from the State, that’s trying to find money for the things they need to do for the classroom size issue, the “bullet” train, and revisions to Article V.
Mr. Lee stated the Governor’s budget has been adopted, and budget hearings are being held now and next week. He doesn’t have the Florida Association of Counties’ analysis, but will obtain that and provide copies to the Board.
Mr. Grace said he received an estimate that the Governor’s budget will impact the County’s General Fund at about $5 million. Three million dollars of that amount is the large increase in the retirement contribution, and the rest is the laundry list of things discussed at the last meeting with most of that related to Juvenile Justice cost shifts from the State to the County.
Commissioner Morris discussed the Medicaid cost shifting and asked how local government is getting into funding this federal program and mandate. A copy of the handout on Medicaid Nursing Home Billing to the Board from Mr. Grace was received and filed.
Mr. Lee explained that the cost shift involves the County now paying for the number of days of nursing home care. He reviewed the three choices for the County’s share.
Commissioner Morris stated this is something that should not be up for discussion as this is a federally-mandated program. He said this is violating the entire precepts of how government is supposed to be operating.
Mr. Lee said he received a copy from FAC of Governor Bush’s letter to Congress detailing the issues that States have with the Medicaid program and making suggestions on what should change to allow the States flexibility to deal with the issues.
Mr. Grace said he has heard that more and more the State is starting to look at the counties as an extension of the State.
Mr. Lee said one thing FAC has suggested is bringing to the attention of the Delegation members the adoption of the seniors’ homestead exemption change to indicate support for the senior population with the County tax dollars; and also the new bill dealing with tax exemption to construct in-law quarters to keep people out of the nursing home.
Chairman McLain advised the Board might wish to add to his proposed letter to the Governor to cover the Medicaid issue. He distributed copies of the letter to the Board (copy was received and filed) and asked for their review and approval.
Commissioner Henley stated the State has a greater number of revenue sources than counties do locally. He said to make up the difference locally, the counties look primarily at taxing the homeowners, but the State has all types of choices to make. This was part of the discussion he had with Representative Johnson on yesterday.
Chairman McLain said he would send the letter with the amendment including the Medicaid/Nursing Home issue and the comments by Commissioner Henley.
Mr. Grace advised another key issue with Medicaid is residency. The State is trying to change this so counties pay some portion of Medicaid regardless of residency.
Commissioner Van Der Weide entered the meeting at this time.
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Mr. Lee stated the wireless industry is proposing legislation that will preempt the local zoning authority with regard to cell towers and will allow cell towers to be placed on any property owned by local government.
Chairman McLain said he doesn’t see them supporting that concept at all. He wants to make sure the County’s Legislative Consultant is aware that the Board does not support that bill.
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Mr. Lee further advised that Senator Constantine is working very closely with FAC and the League of Cities to get some annexation legislation adopted this year. He discussed the proposal that FAC has been working on with the League of Cities that involves internal and external enclaves and future annexations.
Mr. Grace stated the Florida City/County Managers’ Association has been very involved in drafting some compromise legislation on annexations. At their conference, it was clear that the cities and counties don’t like what’s proposed. During discussion, Mr. Grace said the proposal forces the cities and counties to sit down and look at win-win answers.
Information Item
Mr. McMillan advised he will be leaving today at noon for a conference in Orlando and Deputy County Attorney Lee will attend this afternoon’s meeting in his absence.
COUNTY MANAGER’S CONSENT AGENDA
Chairman McLain advised staff has a request to continue Item #42 on today’s agenda. Mr. Grace stated the Board could take action on that item this afternoon.
Chairman McLain said Mr. Grace has requested that Item #13, Request to authorize a pilot program in the Water and Sewer Billing Division to accept electronic payments, be continued to February 25, 2003.
Mr. Grace stated there is one issue staff is trying to work out with the Clerk on convenience fees.
Speed Thomas, Facilities Maintenance, addressed the Board to answer questions by Commissioner Maloy regarding Item #7, Approve changes of the scope to CC-1191-02/BJC, County Services Building Parking and Drainage Improvement. He advised that the City of Sanford elected not to go with the Interlocal Agreement for the 60” pipe and staff had to scale back to a 30” pipe which would meet the requirements, but it does not address the issue on First Street, but it gets the water off the County property.
Commissioner Maloy suggested trying to talk to Sanford about sticking to the original plan and have the City pay back later. Discussion ensued.
Mr. Thomas also answered questions by Commissioner Maloy regarding Item #11, Amendment #3 to M-303-02/BJC, County Services Building parking and drainage improvements project. Upon discussion, Mr. Grace said he would speak with the City of Sanford representatives and bring this item back this afternoon.
Chairman McLain pulled from the Agenda Items #7 and #11, with those to come back at the next Board meeting.
Commissioner Henley questioned Item #8, PS-5132-02, Professional Services for Revisions to the Land Development Code, and said in view of the budget situation, he would like to see them hold up on this action until they have a better chance to see what the budget is going to look like next year and make sure the revenue is not going to start disappearing this year because of shortfalls.
Planning & Development Director Don Fisher addressed the Board to state much of the budget being proposed is for pre-approved items in the budget, and a lot of the work tasks are things the Board already directed staff to do. He said this particular vendor group is probably the best in the industry, in his opinion, and they will be working closely with staff.
Chairman McLain said he thinks the major question is the timing--should the Board be spending the money now, based on potential budget shortfalls.
Mr. Grace said this is something that’s been needed for a long time. He feels comfortable that they can move forward and still address the budget needs. He said if the Board feels more comfortable holding off for 60 days to see what’s going to happen, he thinks they can do that, but he feels this is a project they need to move forward. Discussion continued.
Commissioner Morris stated the important thing is that this is the infrastructure of the operation of the government. This is a good program that they need to do and he supports strongly moving forward. He said every year, they go through the “gloom and doom” analysis. That was supposed to happen this year, but they have excess revenues once again because they are so conservative and plan so well. He asked if the Board holds off action till April or May, would that cause any problems, and staff said no.
Commissioner Van Der Weide said he thinks Commissioner Henley has a valid point with what the County Manager is telling them; and also Commissioner Morris has a valid point with the “gloom and doom” that they hear every year. He asked what would be wrong with putting this off until after the legislative session.
Upon inquiry by Commissioner Maloy, Mr. Fisher said the funding would come from a combination of the General Fund and the Development Review Fund.
Chairman McLain said the majority consensus is to bring this item back after the legislative session.
Commissioner Henley asked how many square feet and how many kids are being talked about for Item #16, “Kids House of Seminole, Inc. - New Building Construction.”
Robert Heenan, HUD Grants Manager, addressed the Board to state staff is anticipating this to be a 5,000 square-foot building and would be used for medical and investigative services. The lodging would only be overnight temporarily, if necessary.
Commissioner Morris said the actual addition would be 7,500 square feet, and where the Kid’s House program is operating out of now is a travesty.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize the following:
3. Authorize the Tax
Collector to publish the 2002 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.
4. BCR #03-28 – $340,000 –
Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax fund. A traffic safety improvement project at Heathrow Elementary is in
the fiscal year 2003 budget but significant right-of-way and eminent domain
issues make this project impractical. The School Board has identified Red Bug
Elementary as a high priority substitute project. Request a transfer for funds
to set up this new project.
5. BCR #03-29 – $75,000 – Environmental Services – Water & Wastewater – Fund:
40100 – Water & Sewer fund. Funds are needed for the design of the water
storage tank at the Lake Monroe Water Treatment Plant. The tank has
deteriorated quicker than expected. Monies are budgeted in the 03/04 fiscal
years for construction but engineering must be done this year to expedite the
project.
6. BCR #03-31 – $2,000,000 –
Environmental Services– PEI – Fund: 40103 – Water & Sewer fund. To combine a future (FY 04/05) reclaimed
water main project along Markham Woods Road (from Timberbrook Drive north to
Lake Markham Road) with the currently funded project for Markham Woods Road
(from Timberbrook Drive south to Alaqua Drive) into one project. Monies are
available in sewer connection reserves.
7. WITHDRAWAL
of the request to approve changes of the scope to CC-1191-02/BJC – County
Services Building Parking and Drainage Improvement, with Prime Construction
Group, Inc., Orlando.
8. PULLED
FROM THE AGENDA the request to approve ranking list for PS-5132-02/BJC –
Professional Services for Revisions to the Land Development Code, authorize
negotiations and award an Agreement to Duncan Associates, Austin, TX
(Not-to-Exceed $400,000.00); with staff to bring back after the Legislative
Session.
9. Approve
ranking list for PS-5135-02/BJC – Continuing Services for Miscellaneous
Capacity and Safety Improvements Evaluation Services, authorize staff to
negotiate and award a Master Agreement, as shown on page _______, to GMB
Engineers & Planners, Orlando (Not-to-Exceed $100,000.00/per year).
Traffic Engineering
29. Approve and authorize Chairman to execute the Traffic Signal
Maintenance Agreement, as shown on page _______, between Seminole County and
Sun Lake Plaza, Inc. for the maintenance of the traffic signal at SR 434 and
Sun Shadow Drive.
30. Approve and authorize Chairman to execute Agreement, as shown on
page _______, between Seminole County and the Central Florida Sports Commission
for the 2004 ASA National Championship Event in an amount not to exceed $12,000
for placement of the tournament guarantee.
31. Approve and authorize Chairman to execute the Memorandum of
Understanding, as shown on page _______, between the Seminole County Convention
and Visitor’s Bureau, Sanford/Seminole Chamber of Commerce, Metro Orlando
Economic Development Commission, Sanford Airport Authority, and Orlando Sanford
International, Inc.
Districts
1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley, to approve and authorize the following:
32. Expenditure Approval Lists, as shown on page _______, dated January 21 and 28, 2003; and Payroll Approval List, as shown on page _______, dated January 16, 2003.
33. Chairman to execute the following Satisfactions of Judgment/Application of Indigency Fees, Court Costs, Citations:
Misty Gaines, Case #99-7906-MMA - $396 Application of Indigency Fee, Court Costs, Citations
William Everett Kinnaird, Case #98-7007-MMA -
$40 Application of Indigency Fee
Jesus Alexander Santiago, Case #00-3720-CFA -
$368 Application of Indigency Fee and Court Costs
34. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:
April
Arnold & Accredited Surety & Casualty - $1,038
Debra
A. Baum & Bankers Ins. Co. - $2,538
Gregory
Rios & Accredited Surety & Casualty - $3,038
Aundrell
Byron Shaw & American Bankers Ins. Co. - $411
Marcia
Hiromi Takeda & Accredited Surety & Casualty - $538
Robert
Jose Torres Maldonado & Lexington National Ins. Co. - $2,538
35. Approval
of Official Minutes dated January 14, 2003.
Sheriff’s Office
37. Approve Budget Amendment Resolution 2003-R-39, as shown on page
_______, $77,772 – Fund: 00100 – General Fund.
The Seminole County Sheriff’s Office has been awarded a grant in the
amount of $77,772 from the Florida Department of Transportation, for the
Seminole County Traffic Enforcement Enhancement Project. This project will provide equipment for
enhanced traffic enforcement operations.
No new positions are required and no additional cash match is required.
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. Amendment, as shown on page _______, to Conditional Utility Agreement for water and sewer service between Seminole County and Suncor of Lake Mary, Ltd. for the project known as Lake Mary Collections Donatos/Chipotle.
2. Conditional Utility Agreement, as shown on page _______, for water and sewer service between Seminole County and Trinity Capital, Inc. for the project known as Trinity Townhomes.
3. Bill
of Sale and Warranty Deed, as shown on page _______, accepting water and sewer
system within the project known as Lake Forest Ph. 16.
4. Bill
of Sale, as shown on page _______, accepting water and sewer system within the
project known as Magnolia Plantation Ph. 4B.
5. Board
of County Commissioners Liaison Appointments, as shown on page _______, for
2003.
6. Interlocal Agreement, as shown on page _______, with the City of Winter Springs relating to Administration of the City’s Share of Funds under the Cent for Seminole/Local Sales Surtax for the City’s Transportation Improvement Projects, approved by the BCC on 2/12/02.
7. Certificate
of Non-Ad Valorem Assessment Roll, as shown on page _______, approved by the
Board on 9/11/02.
8. Resolution
#2002-R-147, as shown on page _______, relating to Non-Ad Valorem Assessment
Roll as adopted by the Board on 9/11/02.
9. Maintenance
Bonds, as follows: #014-018-814, as
shown on page _______, in the amount of $47,130.16 for the project known as Woodsong;
#B21861173, as shown on page _______, in the amount of $30,546.01 for the
project known as Lake Forest Section 16; and #6193194, as shown on page
_______, in the amount of $35,450 for the project known as Magnolia Plantation
Ph. 4B.
10. Performance Bonds #B21861049, as shown on page
_______, in the amount of $49,906.20 and #B21861048, as shown on page _______,
in the amount of $198,242 for the project known as Orlando Lake Forest Section
18.
11. Developer’s Cash Completion Bond, as shown on
page _______, in the amount of $39,029.10 for the project known as Mills Cove
Subdivision.
12. Memoranda, as shown on page _______, from
Shannon Suffron, Planning & Development, to Sandy McCann, Commission
Records, relating to the following bonds that were released on January 14,
2003: Seminole Blvd. Turn Lane in the
amount of $13,000; Alaqua Lakes in the amount of $511,511; and Huntington
Pointe Phase 4B in the amount of $45,225.
13. Satisfactions of Connection Fees, for the
projects known as Chaban Medical Center, as shown on page _______; Treadway
Tract, as shown on page _______; and 7-11 NW Oregon PUD, as shown on page
_______.
14. Conditional Utility Agreement, as shown on page
_______, for water service between Seminole County and Robert & Jean Martin
for the project known as K&M Imports.
15. Conditional Utility Agreement, as shown on page
_______, for water and sewer service between Seminole County and Regency
Centers L.P. for the project known as Willa Springs Shopping Center Addition.
16. Bill of Sale and Warranty Deed, as shown on
page _______, accepting water and sewer system and roads within the project
known as Bear Gully Forest.
17. Development Order #02-30000136, as shown on
page _______, for Michael Criss variance.
18. Change Order #1, as shown on page _______, to
FC-1175-02.
19. Twelfth Amendment, as shown on page _______, to
RFP-225-95, Willard M., LLC, dba ITS Commercial Security.
20. M-352-03, as shown on page _______, Consultant
Service Agreement, Public Resources Management Group, Inc.
21. Work Order #1, as shown on page _______, to
PS-5124-02.
22.
Work Orders #37
& #38, as shown on page _______, to PS-590-01.
23.
M-346-02, as
shown on page _______, Installation Services Agreement, Central Florida
Underground, Inc.
24.
Work Order #13,
as shown on page _______, to PS-551-00.
25.
D/B-607-01 SR
434 Trail Overpass Project Agreement, as shown on page _______, Jones Brothers
Construction, Inc.
26.
M-348-02, as
shown on page _______, Tree Removal Services Agreement, AAA Tree Services of
Central Florida.
27.
Work Order #48,
as shown on page _______, to FC-1139-00.
28.
Work Order #54,
as shown on page _______, to PS-543-99.
29.
M-349-02, as
shown on page _______, Drug Court Administration Services Agreement, Seminole
Community Mental Health Center, Inc.
30.
Bids as follows: CC-1196-02; CC-1195-02; RFP-4179-02 and
CC-1200-02.
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Deborah Leigh, Code
Enforcement, addressed the Board to present request by Rebecca Fierle, Personal Representative for
Estate of James R. Deaton (deceased),
to rescind the Code Enforcement lien in the amount of $4,800 on property located
at 1932 Kimberwicke Circle, Oviedo. Ms.
Leigh stated that based on the facts and extenuating circumstances, staff is
recommending that the lien amount of $4,800 be reduced to $376.40.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to
approve the staff recommendation, reducing the Code Enforcement lien amount
from $4,800 to the estimated administrative costs of $376.40 for processing
Case #02-86-CEB; and upon payment in full, authorize the Chairman to execute
the Satisfaction of Lien, as shown on page _______, for property located at
1943 Kimberwicke Circle, Oviedo, Rebecca Fierle, Personal Representative for
Estate of James R. Deaton.
Districts 1, 2, 3, 4, and 5
voted AYE.
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Jamie Croteau,
Administrative Services Director, addressed the Board to request approval and
authorization for the Chairman to execute Agreement in the amount of $376,035 with regard to RFP-4170-02/BJC, Owner’s
Representative Services for the Seminole County Convention Center, with Cumming
McGillivray, LLC, Orlando, in order to begin using their services.
Upon inquiry by Chairman McLain, Ms. Croteau
advised staff had made changes in the agreement to clarify an item Commissioner
Henley brought up. She said on the hold
clause, staff changed the wording of the hold clause to read “project” instead
of “construction.” They also made the
termination and hold over clause with the seven days notice, which staff was
advised by the litigation counsel to do.
Commissioner Morris discussed with Mr.
McMillan that in no way the cancellation clause could be challenged that it
supercedes the hold clause.
Mr. McMillan said the contract provides
that the County can terminate whenever they wish to. The “hold” provision in the contract was to make sure the
contractor did not have a claim he could put in that now the contract was
extended 12 months, he has additional costs and needs more compensation than
what he would otherwise get. Mr.
McMillan explained that during the period of “hold” there is no compensation
paid, but when the contract picks up again, payments begin again. There is no inflationary increase. Discussion ensued by the Board.
Commissioner Henley asked if this is
approved, when does staff anticipate the Owner’s Representative going to work
and the monthly payments beginning. Ms.
Croteau answered that he would begin work immediately to review the A & E
contract. Whereupon, Commissioner
Henley said one concern brought up in previous meetings was to not spend any
more money until the City of Sanford came forth on how they were going to pay
for the parking garage. He said he
would hate for the County to continue spending money and then all of a sudden
Sanford says they can’t come up with the money.
Mr. Grace explained that the County needs
the architect and engineers to help staff evaluate the parking issue to give
the Board what they have asked for in May, and they need the Owner’s Rep to
work with staff on the architect’s contract and on that issue. He said he thinks this contract is
necessary, but the scope should be limited.
Commissioner Maloy stated he concurs with
Commissioner Henley and thinks this is premature at this point. He thinks there are some major issues the
Board has not addressed, such as how they are going to pay for the Convention
Center. He also thinks it will take a
tax increase in the Tourism budget, and he has not heard when that is going to
happen. He believes they should have a
way to pay for the Convention Center before they build it. He said he does not have a lot of confidence
that the City of Sanford is going to be able to fund the Center, especially if
they can’t fund a pipe in front of the County building for drainage. He thinks it’s better to wait until May when
the Board is going to look at funding options and what they are going to build.
Upon inquiry by Commissioner Henley, Ray
Hooper, Purchasing Director, addressed the Board to state staff negotiated a
monthly fee for services.
Commissioner Henley stated the Owner’s Rep
might be brought on board to accomplish the task of the parking garage and then
put the work on hold. Chairman McLain
said that’s the advantage of having the hold clause, so they can start the
contract and as they work forward, if they decide to hold the contract while
they find information, they can do so.
Commissioner Van Der Weide said he is
changing his opinion from a couple weeks’ ago.
He thinks they have the wording in the contract that protects the
taxpayers. Like the County Manager, he
feels they have to move forward and have the people on board to work with the
architect. They still have the deadline
in May on how they are going to finance this.
With the people on board, they will have a lot of expertise and
hopefully can help secure some potential funding sources, etc.
Commissioner Henley stated in view of the
situation, he is requesting to ask the Tourism Development Office to provide
monthly budget updates so the Board will know when their budget is being
impacted.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide, to approve the Owner’s Representative Services
Agreement, RFP 4170-02/BJC, and authorize the Chairman to execute the
Agreement, as shown on page _______, in the amount of $376,035 with Cumming
McGillivray, LLC, Orlando; and authorize to begin using their services.
Under discussion, Commissioner Van Der
Weide said the tourism revenue has turned the corner for the better.
Districts 2, 3, and 5 voted AYE.
Commissioners Maloy and Henley voted NAY.
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Ms. Croteau
requested Board direction as to
whether or not to pursue the conversion of overhead facilities to underground
facilities at Bush Boulevard and SR 17-92 in front of the new Criminal Justice
Center and Public Safety Building. She
stated Florida Power & Light has estimated the cost at $103,000. This is a non-budgeted item. The money would come from the Courthouse
Contingency.
Commissioner Van Der Weide said he thinks
they need to move forward if that’s the best staff can do with the Power
Company.
Chairman McLain stated he agrees, but he’s
not convinced that is the best the Power Company can do. He said he had some discussions this morning
and there seems to be some differences of opinions on the estimated cost of
overhead replacement and how that would be netted out of the project. He is not prepared to vote on this at this
time and would like to see this item continued. He stated he does support going underground.
Commissioner Morris said the Board needs to
do something if they are moving forward with everything else. He asked what are they trying to do with
delaying and coming back. He said he
understands this was an oversight.
Chairman McLain said he would like to have
more details on the estimated cost of the overhead replacement. He reviewed the figures for a subtotal of
$103,681.
Ms. Croteau reported that Florida Power &
Light is going to provide four other switches for the Public Safety Building
(which is retrofitting and not something they would normally do) and the new
Criminal Justice Center.
Upon inquiry by Commissioner Morris, Harvey
Johnson, Florida Power & Light Company, addressed the Board to answer the
cost of a switch is approximately $50,000.
Commissioner Henley stated what concerns him
is that there is only $750,000 in contingency and they are talking about taking
over $100,000 without starting construction.
With almost every project, there are change orders and things of that nature. He said that bothers him considerably. If they have overruns, the only place they
would have to go is to the reserves of the General Fund.
Commissioner Morris said another source of
funds would be the CRA.
Commissioner Maloy said he doesn’t see that
the cost is worth the benefits.
Commissioner Van Der Weide said he thinks the
Board has to look at the entire Five Points area for the future. It is County property and is becoming more
rare. He said it’s near the College and
is going to be a government complex. He
thinks what they do today will determine the product they end up with. He said he’s not in favor of going forward
with anything for the citizens that they own that would not be up to the
standards they expect. He doesn’t think
the citizens expect them to go cheap.
Chairman McLain said he would support the
underground as long as he can be convinced that this amount is
appropriate. He requested Ms. Croteau
to meet with him and go over the figures in detail and convince him the County
would not be spending more than needed for the underground. Discussion continued.
Chairman McLain directed staff to move
forward with the conversion of overhead facilities to underground
facilities at Bush Boulevard and US Highway 17-92. Staff is to meet with Chairman McLain and report back at the next
meeting.
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Matt West, Development Review Manager,
addressed the Board to request continuance of Item #41, Hearing Officer’s
review and recommendations regarding the appeal for Kirchhoff Outdoor
Advertising Sign Permit Application. He
said Mr. Kirchhoff is not available at this time, and staff would like to meet
with him and brief the District Commissioner before bringing this to the Board.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide,
to continue until February 25, 2003, the Hearing Officer’s review and
recommendations regarding the appeal for the Kirchhoff Outdoor Advertising Sign
Permit Application.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Chairman
McLain recessed the meeting at 11:20 a.m., reconvening at 1:30 p.m., with all Commissioners and all other
Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by
Deputy Clerk Sandy McCann, who were present at the Opening Session.
COUNTY MANAGER’S
CONSENT AGENDA, CONTINUED
County Manager, Kevin Grace, advised staff has talked with the City of Sanford with regard to Items #7 and #11, regarding the County Services Building Parking and Drainage Improvements; and they have agreed to pay the County back after the improvements are put in. He, therefore, recommended canceling both items and keeping the original award of the contract for the 60-inch stormwater pipe. He stated that he will be bringing back to the Board a payback agreement with the City and the BCR for the project at the next BCC meeting.
The
Board voiced no objections to the action outlined by Mr. Grace.
PROOFS OF
PUBLICATION
Motion by Commissioner Maloy, seconded by
Commissioner Van Der Weide to authorize the filing of the Proofs of Publication
for this meeting’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
REQUEST TO VACATE
& ABANDON,
Continuation of a public hearing to consider a request to vacate and abandon a 300-foot +/- portion of the right-of-way of Sixth Street, a 70-foot unimproved right-of-way that abuts Lots 9, 10, 11 and 12, Block 40 and Lot 4, Block 54 in Chuluota, as described in the proof of publication, Michael & Donna Yates.
Planner
Denny Gibbs addressed the Board to advise the applicant has requested a
continuance in order to explore some mitigation options.
District
Commissioner Maloy stated he has no objections to continuing this item.
No
one spoke in support or in opposition.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue until
April 22, 2003, at 1:30 p.m., or as soon thereafter as possible, consideration
of a request to vacate and abandon a 300-foot +/- portion of the right-of-way
of Sixth Street, a 70-foot unimproved right-of-way that abuts Lots 9, 10, 11
and 12, Block 40 and Lot 4, Block 54 in Chuluota, as described in the proof of
publication, Michael & Donna Yates.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST
TO VACATE & ABANDON,
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a strip of the southerly portion of the right-of-way of Red Bug Lake Road, comprising approximately 2,900 square feet in area, located west of Dodd Road and north of Lake Howell, Judy Stewart for Centex Homes, received and filed.
Planner,
Denny Gibbs, presented the request, advising the purpose of the request is to
vacate an area that the six-foot brick Lakehurst Subdivision wall encroaches
into. She further advised that the Red
Bug Lake Road right-of-way was purchased by the County in 1991 for $1,380 as
part of the road improvement. The
applicant has agreed to purchase from the County the 2,900 square foot area for
the adjusted amount of $1,855. She
added that staff has reviewed the request and has determined that the vacate
would not create public safety concerns or impact the future location of public
facilities.
Judy
Stewart, representing Centex Homes, addressed the Board to state they are in
agreement with the staff recommendations.
No
one else spoke in support or in opposition.
Motion
by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate
Resolution #2003-R-40, as shown on page _______, vacating and abandoning a
strip of the southerly portion of the right-of-way of Red Bug Lake Road,
comprising approximately 2,900 square feet in area, located west of Dodd Road
and north of Lake Howell, as described in the proof of publication, Judy Stewart/Centex
Homes; and to recognize the payment for the transfer of the property.
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 District) to R-1A (Single
Family Dwelling District), for property located on the south side of Dike Road,
west of Tuskawilla Road, Daly Design Group, received and filed.
Planner,
Rob Walsh, addressed the Board to present the request, advising staff has
determined that R-1AA zoning would be the most compatible with the surrounding
area. He stated the P&Z Commission
recommended denial of the proposed R-1A zoning,
with the understanding that the request may have been recommended for approval
if the applicant restricted the house size to 1800 square feet and committed to
building a wall around the property. He distributed a copy (received & filed)
of an E-mail from Sandra and Harold Pool in opposition to the requested
rezoning.
Upon
inquiry by Commissioner Maloy, Mr. Walsh advised that right-of-way dedication
would probably be required in order to widen Dike Road to a standard three-lane
cross section. He added that the goal
is to have three lanes down to the school.
Tom
Daly, representing Centex Homes (developer), addressed the Board to advise they
have met with the area homeowners since the P&Z Commission meeting and
believe they have a solution
with regard to the buffering and house sizes.
He said they will commit to having a 2,000 square foot minimum house
size. The home prices are projected to
be $200,000 to $300,000. He stated
there will be 27 lots and will include all this in deed restrictions or
whatever needs to be done to make sure this is accomplished. He also stated that they will commit to
constructing an 8-foot PVC fence along the southern property line and that the
fence would be constructed within the first two weeks of land clearing. The fence will be white and will be
maintained and repaired by the homeowners association.
Commissioner
Morris stated he has a concern with this request and with the proposed 8-foot
fence. He said he believes the 8-foot
fence is incompatible with the surrounding residential area and he would prefer
a 6-foot fence. He also stated that
with R-1A, there will still be more roof lines than with R-1AAA.
Mr. Fisher advised the Lot Size Compatibility Ordinance does require buffering and fencing and it has been used as a tool to provide compatibility among adjacent developments. He added that staff usually recommends 6½-foot fences in a residential area.
Mark
Bartnick, 1736 Willa Circle, addressed the Board to state he is astonished that
after the homeowners have worked out an agreement with the developer on the
fence, that the Board is questioning what was worked out. He said he would prefer the 8-foot fence
because of the elevation and slope of the land.
No one else spoke in support or in
opposition.
District Commissioner Maloy stated he would like staff to review the three-laned road all the way down. He said he feels comfortable with what has been discussed and agreed upon.
Motion
by Commissioner Maloy, seconded Commissioner Van Der Weide to approve rezoning
from A-1 (Agriculture) to R-1A (Single Family Dwelling District) on
approximately 9.3 acres located on the south side of Dike Road, west of
Tuskawilla Road, as described in the proof of publication, Daly Design Group,
with the condition that the homes will be 2,000 minimum square feet, and with
enforcement of the understanding that there will be an 8-foot fence between
residential properties.
Districts
1 and 3 voted AYE.
Commissioners
Morris, Henley and McLain voted NAY, whereupon, the motion failed for
the lack of a majority vote.
Discussion ensued with regard to the fence, with Mr. Daly advising it was the request of the adjacent property owner to have an 8-foot fence. He further advised that the property does slope toward Dike Road.
Upon
inquiry by Commissioner Henley, Mr. Daly stated that none of the residents
living in the R-1AAA subdivision contacted him.
Mr. Bartnick reiterated that he is opposed to the 6½-foot fence and would prefer it be 8 feet.
Speaker
Comment Form was received and filed.
Mike
Oliver, representing the developer, addressed the Board to confirm that Mr.
Bartnick’s property drops off his back
porch probably 2 feet. He said that he
does not believe every lot has the same situation. He, therefore, committed to go with an 8-foot fence where the lots
slope.
Mr.
Fisher advised the staff can bring back the fence issue with the preliminary
plan and address it at that time by being more site specific.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt
Ordinance #2003-3, as shown on page _______, approving rezoning from A-1
(Agriculture) to R-1A (Single Family Dwelling District) on approximately 9.3
acres located on the south side of Dike Road, west of Tuskawilla Road, as
described in the proof of publication, Daly Design Group, with the condition
that houses will be a minimum of 2,000 square feet and the fence will be up to
a height of 8 feet based on the final site plan approval.
Under
discussion, Commissioner Morris stated he still has a compatibility problem
with this rezoning.
Districts
1, 3, 4 and 5 voted AYE.
Commissioner
Morris voted NAY.
Proof
of publication, as shown on page _______, calling for a public hearing to consider
a major revision to a Planned Commercial Development Preliminary Master Plan
for Wordwise Corporate Offices, located at the northeast corner of Fox Knoll
Place and Howell Branch Road, Alan Keene, received and filed.
Senior
Planner, Jeff Hopper, addressed the Board to present the request, advising the
revised development plan proposes a 4,000 square foot office building with
access from Fox Knoll Place. The existing development approval for a commercial
use was done in 1990 and its sole access was from Howell Branch Road. The Development Order required the
dedication of right-of-way and prohibited access to Fox Knoll Place. Construction was delayed and complicated by
the widening of Howell Branch and the intersection improvements at nearby Dodd
Road. The applicant is requesting a
reduction in the active/passive buffer requirements adjacent to residential
development. The buffer would only be
applicable along the east property line, adjacent to an existing home in
Bridgewater Subdivision. Along this
property line the applicant proposes parking spaces located 15 feet from the
east lot line, which would be an encroachment of 10 feet into the required
active buffer. The retention may not
occupy more than 50% of the required 15-foot buffer; however the plan shows the
entire area between the building and the east lot line as a dry retention
pond. The applicant is also requesting
a waiver to the required 6-foot brick or masonry wall adjacent to the east
boundary with Bridgewater. The plan
shows landscape buffers adjacent to the public right-of-way to be 6 or 7 feet -
the requirement is 10 feet; and it shows parking space dimension at 9’ x 18’
instead of the standard size of 10’ x 20’.
The relocation of the entrance to the property is a safety improvement
over the original plan and staff believes the use of office is less intense
than the original commercial designation.
He stated that staff recommends approval of the plan, subject to the
following conditions: (1) Use of the
property is limited to office uses; (2) A 6-foot brick or masonry wall shall be
provided along the east property line; (3) Landscape buffers adjacent to Howell
Branch Road and Fox Knoll Place shall include 4 canopy trees per 100 feet; (4)
Mechanical units shall be screened from view of adjoining properties; (5)
Building shall be constructed with a hip or gable roof; (6) Outdoor lighting
shall be at least 50 feet from the east property line, no more than 16 feet in
height, and limited to cutoff-shoebox fixtures projecting no more than 9.5
foot-candles at the property lines; (7) Building height shall be limited to a
maximum of 25 feet and 1 story; (8) Applicant shall dedicate a joint driveway
easement along the north property line - upon development of the neighboring
property to the north, the site shall be redesigned and reconfigured to utilize
said easement; and (9) Applicant shall provide paved pedestrian paths
connecting the building to public sidewalks on Howell Branch Road and Fox Knoll
Place.
Attorney
Meredith Harper, representing the developer, addressed the Board to advise her
clients, Mr. Keen and Mr. Goodwin, have owned the property for about 15 years
and had a lot of difficulty selling the property because of the uncertainty of
the road widening for Howell Branch Road.
She stated after the right-of-way was taken, it reduced the size of the
property from .93 acre to .51 acre. She
clarified that the building will be single story; however, they are asking for
a height of 35 feet for a pitched roof.
She stated that they agree with the staff’s recommendations; except that
staff is asking for them to allow a joint access with the property to the
north. She said that if the property to
the north is developed as office, they would be willing to share the
driveway. However, they would ask that
the property owner to the north pay for the permitting and construction of the
driveway. Also, they would prefer to
construct a vinyl PVC-type wall instead of the masonry wall requested by staff. Copy of trip generation information from Traffic
Planning & Design, Inc. was received and filed.
Commissioner
Morris stated that he recognizes that the property was taken for the widening,
but also knows that the property owner was duly compensated for it.
Upon inquiry by Commissioner Henley, Attorney Harper advised there will be 21 parking spaces provided.
Matilla
Gross, 2833 Fox Knoll Place, addressed the Board to advise she is representing
Bridgewater Homeowners Association. She
stated the developer has not met with any of the residents in Bridgewater. She said that when she found out about this
request, she asked Mr. Hopper
to reschedule the hearing for 7:00 p.m.
so that the residents who wanted to attend could come to the meeting; but he
advised her that could not be done. She
submitted for the Record a letter from Richard and Susan Clemons in opposition
to the requested revision. She also
read into the Record a letter (copy received & filed) signed by residents
of Bridgewater in opposition to the access on Fox Knoll Place.
Upon inquiry by Commissioner Henley, Mr. Grace stated that the hearing was probably already advertised for the 1:30 p.m. meeting when Ms. Gross called and asked for rescheduling.
Stephen
Osborne, 7801 Fox Knoll Place, addressed the Board to advise he is a State
trooper with the Highway Patrol and he is concerned with the access onto Fox
Knoll Place. He said this would
increase the traffic impact and be a dangerous situation. Discussion ensued with regard to the access
and traffic.
Upon inquiry by Chairman McLain, Mr. Hopper advised the proposed development will generate approximately 40 trips per day.
Upon
inquiry by Commissioner Morris, Attorney Harper stated they cannot close off
the access to Fox Knoll Place because there is not sufficient room to have the
main access on Howell Branch Road.
The
Chairman submitted into the Record Written Comment Forms from Richard Cleamons
and Lisa Fisk.
Mike
Viera, Trustee for Joy Payne (adjacent property owner), addressed the Board to
state he supports the residents with regard to their opposition to the access
on Fox Knoll Place. He said he would
also like to see a picture of the vinyl fence they proposed to construct.
Upon inquiry by Mr. Viera, Development Review Manager, Mahmoud Nadja, addressed the Board to advise the inlet on Howell Branch Road will be reviewed at the time of final engineering. He also advised that the Code will not allow the entrance on Howell Branch Road to have both a right-in and right-out because of the short distance to the intersection. Discussion ensued.
Copies
of Speaker Comment Forms were received and filed.
No one else spoke in support or in opposition.
District
Commissioner Maloy stated that the property is zoned Commercial Neighborhood,
which would allow things like an Eckerd’s or Walgreen’s. Therefore, he feels the proposed request is
a much better situation. He suggested
having the north access point a right-out only in order to have less of a
traffic burden at the intersection.
Motion
by Commissioner Maloy, seconded by Commissioner Morris to approve the requested
major amendment to the PCD Preliminary Master Plan for an office use on a .51
acre site, Wordwise Corporate Offices; located at the northeast corner of Fox
Knoll Place and Howell Branch Road, as described in the proof of publication,
Alan Keene; and approval of Development Order, as shown on page _______, and
including the following conditions: A
right-out exit is established on the northern edge of the property; Use of the
property is limited to office uses with no subleasing; Construction of a 6-foot
vinyl fence with additional trees and landscaping planted on the perimeter; A/C
units to be screened from view from the property on the north side away from
the residential; Building shall be constructed with a pitched roof and be a
design per the architectural drawings submitted so that it is a high quality
development; Changing the building height from 25 feet to 35 feet; Developer
shall dedicate an adjacent access easement on the north property line and agree
to share the 12 feet of the property with the property owner to the north (with
the cost of improvements to be borne by the developer to the north); and
Traffic Engineering will review the intersection for any recommendations of
traffic-calming or safety enhancements.
Under
discussion, Commissioner Morris stated that he is concerned with the vinyl
fence, because he feels a masonry or brick wall is more compatible. Whereupon, Commissioner Maloy stated he does
not have a preference on the fence.
Planning Manager, Matt West, addressed the Board to clarify that the joint driveway will be dedicated prior to the certificate of occupancy.
Commissioner
Maloy agreed to include in the motion that the type of fence will
be determined at the final site plan review.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 3:06 p.m., reconvening at 3:19 p.m., this same date with all Commissioners and Officials present.
REGULAR
AGENDA
Planner,
Jeff Hopper, presented request for approval of the Final Master Plan for
Wordwise Corporate Offices, located at the northeast corner of Fox Knoll Place
and Howell Branch Road, Alan Keene & Larry Godwin. He advised staff finds that based on the
previous approval of the major revision of the Preliminary Master Plan, the
proposed Final Master Plan is consistent with the Vision 2020 Plan. Therefore, staff recommends approval.
Upon inquiry by District Commissioner Maloy, Mike Viera, Trustee, representing Joy Payne, advised they would prefer a block wall on the north side of the property.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Wordwise Corporate Offices PCD, comprising of approximately 0.51 acre and located at the northeast corner of Howell Branch Road and Fox Knoll Place, Allen Keen and Larry Godwin, with the requirement that the wall on the east side next to the residential will be a block wall to match the texture of the building approved previously.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain advised the Board recommended appointments to MetroPlan Orlando.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint the
following to MetroPlan Orlando (MPO):
Polly Miller, Richard Harris, and Chris Dorworth; and to adopt
appropriate Resolution #2003-R-45, as shown on page _______, commending Jack
Lemmon for this services on same.
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion
by Commissioner Henley,
seconded by Commissioner Van Der Weide to appoint John Lommerse to the
Agriculture Advisory Board for a two-year term ending January 1, 2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Henley distributed a copy of the First Two-Weeks Progress Report and a copy of a letter to Chairman Richard Crotty regarding LYNX from Howard D. Tipton, Sr., and briefly discussed same. Both were received & filed.
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Commissioner Henley discussed a letter he received from Dale O’Connor expressing his deep concern over the problems of people using the overpass at E.E. Williamson in order to get to the trail. He said the County has made an effort to deal with the problem by erecting some fencing, but the bridge belongs to FDOT. He stated he will respond to Mr. O’Connor’s letter.
-------
Chairman McLain advised of his appointments to the contractors’ boards.
Motion by Commissioner Van Der Weide, seconded by
Commissioner Maloy to approve the following appointments:
Electrical Contractors Board - Bill Allen; Mechanical Contractors Board - Angelia Gordon; Plumbing Examiners Board - Jeffrey Bauer; and Well Drillers Board - Bill Parrish; and to adopt appropriate Resolution #2003-R-44, as shown on page ________, commending Dick Joyce for his past service on the Well Drillers Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Maloy, seconded by Commissioner Morris to appoint Timothy
Moriarty to the Agriculture Advisory Committee for a two-year term ending
January 2005.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Maloy briefly discussed e-mails he has received with regard to the City of Oviedo annexation and stated he will distribute copies of the Interlocal Agreement with the City.
-------
Commissioner Maloy advised that the new canoe launch at 419 for access to the Econ River is open.
--------
Commissioner Maloy stated he believes the Board needs to have a policy dealing with scheduling public hearings and when they should be scheduled in the evening versus the afternoon. Discussion ensued.
Commissioner Morris suggested having the District Commission make the decision.
-------
Commissioner Morris advised he will be unable to attend the Seminole County Expressway meeting on February 13, 2003 at Lake Sylvan Park so Commissioner Gary Brender, Vice Chairman, will chair the meeting. The meeting will be held to discuss the Western Beltway.
-------
Commissioner Morris gave a brief update on the MPO and advised he is in receipt of a letter from Harry Barley requesting input with regard to the proposed Regional Transportation Authority merger legislation.
-------
Commissioner Morris requested staff review the non-consensual towing rates and suggested they meet with individuals from the industry regarding same.
-------
Motion
by Commissioner Morris, seconded by Commissioner Maloy to approve the following
District 2 appointments:
PLUMBING EXAMINERS BOARD - Adopt appropriate Resolution #2003-R-46,
as shown on page _______, commending Raymond R. Hollaway.
SWIMMING POOL BOARD - Appoint Mike Holt; and adopt appropriate
Resolution #2003-R-41, as shown on page _______, commending Terry Futrell.
HISTORICAL COMMISSION - Appoint Bob Hodges; and adopt appropriate
Resolution #2003-R-42, as shown on page ________, commending Adam Dionna.
PARKS & RECREATION ADVISORY BOARD - Appoint Bruce McMenemy; and adopt
appropriate Resolution #2003-R-43, as shown on page _______, commending Holly
Heath.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Morris, seconded by
Commissioner Maloy to appoint Chris Dorworth to the Planning & Zoning
Commission to fill the unexpired term vacated by Paul Tremel; and to adopt
appropriate Resolution #2003-R-49, as shown on page _______, commending Paul
Tremel for his services on same.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman McLain surrendered the gavel to Vice Chairman Maloy in order to answer the telephone.
COMMUNICATIONS
AND/OR REPORTS
The following Communications and/or Reports
were “received and filed”:
1. Notice of 1/28/03 Finance
Committee meeting of the Seminole County Healthy Start Coalition.
2. Copy of letter dated
1/24/03 to County Manager Grace from Gary L. Brender, CALNO Chairman, re:
appointment of Commissioner Robert Dallari as Interim CALNO representative to
the Seminole County Tourist Development Council (TDC).
3. Letter dated 1/29/03 to
Chairman McLain from Douglas Phillips, Scoutmaster, re: Leigh Yelle, Troop 529,
achieving rank of Eagle Scout. (cc: BCC)
4. Notice of 1/27/03 City of
Sanford annexation public hearing re: property between Smith Canal Rd./St.
Johns Parkway and Central Park Dr./Upsala Rd. at 1185 Upsala Rd. (cc: County
Manager, Planning & Development Director, Planning Manager, Property
Appraiser, Elections Supervisor)
5. Facsimile notice of FL
Public Service Commission 2/4/03 agenda and investigation into proposed sale of
FL Water Services Corp.
6. Letter dated 1/28/03 to
Chairman McLain from Thelma McPherson, Casselberry City Clerk, re: appointment
of Commissioner Susan Doerner as Casselberry’s elected official representative
to the 17-92 RPA. (cc: BCC)
7. Letter dated 1/28/03 to
Chairman McLain from Truman G. Scarborough, Jr., Brevard County Commissioner,
re: invitation to Seminole County Parks Manager Joe Gasparini to attend
meetings of parks directors and school superintendents to include Kennedy Space
Center in various programs. (cc: BCC, County Managers, Library & Leisure
Services Director)
8. E-mail dated 1/30/03 to
BCC re: request for public hearings on UCF Master Plan. (cc: County Managers,
Planning & Development Director)
9. Notice from the City of
Longwood final plat hearing re: Progress Energy property at 5 E. North Ave.
(cc: County Manager, Planning & Development Director, Planning Manager)
10. Letter dated 1/28/03 to Chairman McLain from Ric Keller, U.S.
Representative, re: appropriation for SCC of Carl D. Perkins Vocational &
Technical Education Act. (cc: BCC, County Managers)
12. Notice of 2/17/03 LPA/P&Z Myrtle St. Special Area Concept Study
Ph. II public meeting and hearing.
13. E-mail dated 2/2/03 to BCC from Mike Barr, Seminole Soil &
Water Conservation District Bd., re: resignation of Director and loss of County
office space.
14. E-mail dated 2/1/03 to BCC from Kristie Smith re: proposed Orange
Mall at former K-Mart shopping Center in Casselberry.
15. Notice of 2/5/03 Sanford CRA meeting.
16. Memorandum dated 1/31/03 from Sarah Ritzman, Senior Resource
Alliance, re: priorities of participating counties and upcoming meetings. (cc:
BCC, County Managers, Community Services, Sheriff’s Office)
17. Letter dated 1/28/03 (with attachments) to Chairman McLain from
Daniel Baer, STV Inc., re: Central Florida Light Rail Transit System Project
Hattaway Dr. Community Meeting.
18. Facsimile dated 1/31/03 to County Manager Grace from Charles
Madden, Madden Engineering, re: positive results of restructuring of the
Development Review Committee (DRC), specifically commending Kevin Grace, Don
Fisher and Mahmoud Najda. (cc: BCC, Deputy County Managers, Planning &
Development Director)
19. Copy of letter dated 1/30/03 (with attachments) to County Manager
Grace from Rachel Carnicelli, Sanford Deputy City Clerk, re: adoption of
Sanford Ordinance 3767-annexation of
property between Smith Canal Rd./St. Johns Parkway and Central Park
Dr./Upsala Rd. (cc: Planning & Development Director, Planning Manager,
Elections Supervisor)
20. Memorandum dated 2/3/03 to BCC from County Manager Grace re:
Capital Project Fund transfer, $20,000, Geneva Expansion architectural
services.
21. Memorandum dated 2/3/03 to BCC from County Manager Grace re:
Capital Fund Project Fund transfer, $20,500, Black Hammock Wilderness Area
fencing.
22. Copy of letter dated 1/28/03 (with attachments) to County Manager
Grace from Cynthia Porter, Sanford Deputy City Clerk, re: adoption of Sanford
Ordinance 3771-annexation of property between Celery Ave./Daffodil Terr. and
Sipes Ave./Brisson Ave. (cc: Planning & Development Director, Planning
Manager, Elections Supervisor)
23. E-mail dated 2/4/03 from F.L.O.P. (Friends of Leash-Optional Parks)
re: proposed PawPark at Jetta Point in Winter Springs.
24. Letter dated 1/31/03 to Chairman McLain from Diane Pickett
Culpepper, Time Warner Cable, re: changes in digital service programming.
25. Facsimile dated 2/3/03 to Chairman McLain from Victor White,
Orlando Sanford International Airport, re: press release highlighting increase
in airport traffic and continued growth.
26. Notice of 2/20/03 Tri-County League of Cities meeting.
27. Letter dated 1/31/03 to Chairman McLain from Edward Posey, Central
Florida Zoological Park, re: appreciation of fourth incremental $300,000
payment by County for the zoo’s site master plan capital campaign.
28. Letter dated 1/29/03 to Chairman from Alistair Helm, Competitive
Auckland (New Zealand), re: promotional materials available for economic
development opportunities.
29. Memorandum dated 1/30/03 (with attachment) to BCC from Mark Van
Bever, Court Administrator, re: revenue check from 18th Judicial
Circuit for reimbursement of court-related expenses.
30. Memorandum dated 2/7/03 to Sandy McCann, Commission Records, from
Becky Noggle, Environmental Services, re: Submission into County Records.
31. E-mail dated 2/5/03 to BCC from Shannon Conklin, Office of
Congressman Tom Feeney, re: appearance on C-SPAN of Congressman Feeney
memorializing STS-107 and the fallen crew of the space shuttle Columbia.
32. E-mail dated 2/5/03 to BCC from Shannon Conklin, Office of
Congressman Tom Feeney, re: text remarks by Congressman Feeney delivered before
the U.S. House of Representatives 2/5/03 on the loss of the crew of Columbia.
33. Letter received 2/3/03 to Chairman McLain from Tim Stuart, Waste
Management, re: announcement of customer service program called the Service
Machine. (cc: County Manager, Solid Waste Manager, MSBU Coordinator)
34. Memorandum dated 2/4/03 (with attachments) to BCC from Robert
McMillan, County Attorney, re: January 2003 Litigation Report.
35. Memorandum dated 2/4/03 (with attachment) to BCC from County
Manager Grace re: 2001/02 Annual Report.
36. E-mails and letters to BCC re: opposition to requested land use
change for property in the area of Snow Hill Rd./CR 419 in Chuluota from: Mary
King; Lt. Col. Michael Monaco; Robert & Kathleen Mellor; Shirley Folse; Ed
White; Wayne & Jennifer Van Kesteren; Darla Diab, Southeast Seminole County
Voters Association (SSCVA); Bert & Jewel Tieben; Bill Dickson; Jim &
Kathleen Yde; Tait Nelson; Estelle & Bernie Hurwitch; Deborah Schafer;
Steve Collins, Carol English & Abbie Sieck; Robert Williamson; Stanley E.
Stevens; Monica Williamson; Lt. Eddie & Wendy Herrell; Lynne Frankos;
Teresa M. Fulton; Carol Wells; Thomas & Lorna Hildebrandt; Stan Stevens;
Tom Downs; Shannon, Ed & Teddy Waite; James W. Fulton; Lee Voorhees, Geneva
Citizens Association; Bobby & Alison Warren; Phil & Marsha Greathouse;
and Jeni Robinson.
37. Facsimile dated 2/10/03 to Chairman McLain from Meredith Harper,
Shutts & Bowen, re: WordWise Corporate Office Building.
38. Copies of letters dated 2/6/03 from Ken Roberts, Public Safety
Director, re: donations to Animal Services to: Cornelia Dietzel; Chris Haggard;
Mary Ann & Anna Laster; Renee Nelson; Margie Dangler, Groomingdale’s of
Wekiva; and Debbie Cooke.
County
Manager, Kevin Grace, advised of an economic development trip to Vancouver and
San Francisco that Economic Development Director, Bill McDermott, and he are
requesting to take February 17 - 19, 2003.
Motion
by Commissioner Morris, seconded by Commissioner Henley to authorize travel for
Mr. Grace and Mr. McDermott to go on an economic development trip to Vancouver
and San Francisco on February 17 - 19, 2003, in an amount not to exceed
$5,000.
Under
discussion, Commissioner Van Der Weide stated he believes a Commissioner should
also go on the trip. A brief discussion
ensued, with Commissioners Morris and McLain stating they have previous
engagements and cannot go on the trip.
Commissioner
Morris amended the motion to include that the dollar amount will be
increased by a proportional amount if a Commissioner is able to take the
trip.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Maloy voted NAY.
The
gavel was returned to Commissioner McLain, who assumed the position of
Chairman.
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Mr. Grace briefly discussed the new Attorney General’s opinion regarding travel. He advised that in reviewing the County’s Travel Policy with the County Attorney, it is their opinion that the current policy will not have to be revised. He added that the Clerk’s Office has agreed with same.
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Mr. Grace advised that Seminole Vision and Leadership Seminole have agreed to merge, and Colonial Properties have offered space for the new organization.
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The Board, thereupon, recessed at 3:50 p.m., reconvening at 7:04 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Continuation of a
public hearing to consider Small Scale Plan Amendment (Fossitt Business Park)
from Suburban Estates and Low Density Residential to Planned Development; and
Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) and
Preliminary PCD site plan on approximately 9.7 acres located at the northeast
corner of Orange Blvd. and Missouri Avenue and at the southwest corner of Orange
Blvd. and Halsey Avenue, as described in the proof of publication, Harling
Locklin & Associates.
Tony Matthews, Planning, addressed the
Board to state at the December 10, 2002 meeting, the Board continued this item
to January 28, 2003 to allow the applicant time to address the code enforcement
concerns brought forth at the public hearing on the abutting property to the
east of the property subject to the plan amendment and rezoning request; to
conduct a community meeting to address several concerns expressed at the
December 10, 2002 hearing by area residents; and to prepare elevation drawings
that depict the style and construction of materials for the proposed
buildings. He stated code violations
were resolved on the abutting property and that site is in compliance. He said a community meeting was held on
February 10, 2002 and he submitted copies of photographs (received and filed)
of the proposed building designs.
Upon inquiry by Commissioner Henley, Mr.
Matthews advised the photographs were provided to the residents at the
community meeting.
Upon inquiry by Commissioner Morris, Mr.
Matthews advised he believes the applicant has provided samples of different
types of building materials and design for the Board to review. He stated staff has revised the proposed
development order to include the changes that were made at the December 10
meeting. He said the off-site retention
on the north side of Orange Blvd. is not included in the plan amendment and
rezoning. What is important is the
applicant’s property is 9.7 acres and if the retention pond is included, that
would mean the site would be 10 acres and that is a large scale plan
amendment. Staff feels that the
proposed amendment qualifies as a small scale plan amendment based on the
following conditions: (1) The property
where the offsite retention is to be located does not require a plan amendment
or rezoning to accommodate the proposed retention pond; (2) The County, in the
past, has allowed for offsite retention projects that were subject to small
scale plan amendments; and (3) During discussions with the Department of
Community Affairs (DCA), this does not appear to be a large scale plan
amendment. He added staff is
recommending approval of the Planned Development land use, PCD zoning and
preliminary site plan for the portion of the property on the north side of
Orange Blvd. with findings that is included in the development order; and staff
recommends denial of Planned Development land use and PCD rezoning on the south
side of Orange Blvd., with staff findings.
Hugh Harling, representing the applicant,
addressed the Board to submit a booklet (received and filed) consisting of
photographs, a sign-in sheet of the 2/10/03 community meeting, landscaping
design, site plan, and aerial maps of the site. He stated the applicant has complied with the code enforcement
issues. A meeting was held at Wilson
Elementary School with the Bookertown and St. Johns River Estates communities
and they went over several issues. He
stated he has committed to a single story building and to cap the height of the
building at 25 ft. He displayed
and reviewed photographs of the proposed building. He said he is proposing glass and aluminum fronts on the west and
north side of the building. The rear of
the building will have roll up doors and that area will be for truck activity,
but it is not designed for 18-wheelers.
The intent of the design is for plumbing, carpet, electrical and
warehouse shops. He stated he has 100%
support from the Bookertown community.
He said he has committed to the previous landscaping design of
installing everything from the back of the sidewalk to the east of the project.
At the request of Commissioner Maloy, Mr.
Harling addressed the issue of staff’s recommendation of approval on the north
side of Orange Blvd. and denial on the south side of Orange Blvd. and the
compatibility concerns.
Upon inquiry by
Commissioner Maloy, Mr. Harling advised what he presented to the Board were
three rooflines and those will be constructed for approximately the same amount
of money. He stated no decision was
made at the community meeting as to what the residents preferred.
Kathy Brown, representing St. Johns River Estates, addressed the Board to state after the December 10 meeting, the District Commissioner asked the community to work with the applicant. The next morning they went out to the site and blocked off the bus stop with cones and railroad ties. She said this was on of their biggest concerns. She submitted photographs (received and filed) showing the area that was blocked off. She stated she understands that Mr. Fossitt was not happy with the code violation, but the residents did not want a project that would look like what the applicant already had there. She said the residents’ main concerns were the children being at the bus stop and now Missouri Avenue has been blocked off. The Sheriff’s Office and the School Board have determined that corner of Orange Blvd. and Missouri Avenue is unsafe for a bus stop, therefore, the bus stop has been moved back to the entrance of St. Johns River Estates. The residents would like a setback so that they would be able to turn left onto Orange Blvd. The applicant was supposed to submit an architectural drawing to the homeowners and that was presented to them at the meeting last night. The residents understand that something will happen there, but their concern is the growth in the area. She stated she would ask the Board to grant an extension for six months or indefinitely until staff has had time to conduct a small area study which will include a traffic study of Orange Blvd. The residents were told that the retention pond would be a wet pond and 8 ft. deep. She said she would like to know what the future development is for the other Clayton sites. She added if this project is approved, the community is requesting that there be very stringent requirements regarding the brick wall, setbacks along Missouri Avenue, that the developer install the sidewalk (20 ft.) that was originally requested, and restricting the height of the building. She stated she still feels that this project is premature and the Board needs to look at the area and to have staff to review what has been happening, because Orange Blvd. is a hazard. She stated she knows that something will go there, but she wants it to be conducive with the neighborhood.
Upon inquiry by Commissioner Maloy relative
to the architectural aspect, Ms. Brown advised she was surprised with the
pictures that were shown last night.
She stated the residents were expecting to see an architectural
rendering of the building. The
applicant did agree with not exceeding the height of the building to 25
ft. She said the residents did ask for a
brick wall or something that will not wear over the years. She added the residents are also asking that
the wall come down the back of the property as well, along the single family
home.
Upon inquiry by Commissioner Morris, Mr.
Harling advised he concurs with a 17½ ft. easement with the staggered wall that
is shown in Exhibit B of his handout.
He stated there is no buffer along the retention pond and they are
planning to install a fence around it.
Upon inquiry by Chairman McLain, Mr.
Matthews advised Nikki Clayton owns the property on the north side of the road
as well as the property to the east.
No one else spoke in support or in
opposition.
District Commissioner McLain stated in this
particular case, he tends to agree with staff on the northern section. He stated he has some concerns about the
retention being offsite.
Mr. Matthews stated in the past, the County
has allowed the developer to develop a project and have the retention pond off
site. If someone else owns the
retention pond, an easement will have to be provided.
Upon inquiry by Chairman McLain, Mr.
Matthews advised the Board can direct staff to look at a small area study in
more detail as far as what facilities and services may be needed in the area.
Upon further inquiry by Chairman McLain,
Mr. Matthews advised since this is a small scale plan amendment, it would have
to come back in the future for a final PCD site plan.
Commissioner Morris stated staff might want
to consider some of the issues that were considered in the Chuluota area if a
small area study is done.
District Commissioner McLain recommended
approving the Planned Development land use on the north side of Orange Blvd.,
but to deny the Planned Development land use and rezoning on the south side of
Orange Blvd., with the following:
implement the architectural renderings for the landscaping and wall; 17½
ft. setback; the design of the roof to be considered by staff and the
community; and to instruct staff to prepare a small area study to properly
evaluate these properties. He stated he
has visited the site and he has met with the residents and this particular site
is not conducive to single family residential.
He added he does not want to continue any further rezonings until the
small area study is completed and staff has worked with the community.
Motion by Commissioner
Morris, seconded by Commissioner Henley to adopt Ordinance #2003-4, as shown on
page ________, adopting Planned Development land use on the north side of
Orange Blvd., with staff findings; adopt Ordinance 2003-5, as shown on page
_______, and to deny Planned Development land use and PCD zoning on the south
side of Orange Blvd., on approximately 9.7 acres located at the northeast
corner of Orange Blvd. and Missouri Avenue and at the southwest corner of
Orange Blvd. and Halsey Avenue, as described in the proof of publication,
Harling Locklin & Associates, subject to the conditions outlined in the
Development Order, as shown on page _________, and the District Commissioner’s
recommendations as previously outlined.
Under discussion and upon inquiry by
Commissioner Henley, Mr. Harling advised he is familiar with the conditions
outlined in the development order and he is in agreement with them.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman McLain stated he received a letter
from Mrs. Alma Vogel relative to her concerns with the County’s burning
policy. He stated staff has been
working with her on this issue.
Alma Vogel, 1750 Markham Woods Road,
addressed the Board to state the County does not have control regulations for
outside burning in the residential neighborhoods and all she is asking is that
they regulate it. She stated she spoke
to a representative in Tallahassee and he said that she is protected under the
nuisance ordinance. She said she looked
up the meaning of nuisance and it means injury or harmful.
Chairman McLain stated Ms. Vogel lives on
Markham Woods Road and one of her neighbors has been burning some wood
material. He stated staff has evaluated
the situation and found that the gentleman is not in violation of the burning
ordinance. Ms. Vogel has a medical
condition and she feels the smoke is affecting her health. He stated he feels that staff needs to
review the nuisance ordinance further.
Chris Johnson, Seminole County EMS/Fire
Operations Chief, addressed the Board to state the fire department has sent
units to the area quite regularly for the last two weeks. He stated Larry Goss, Division of Forestry,
has visited the area as well and he indicated that there are no violations of
the Florida Administrative Code. The
type of burning her neighbor is doing does not require permits. The neighbor is having cooking fires and pit
fires and the pit is covered with mesh screen.
The fire department has stopped him from burning on two separate
occasions as he was burning green material and they felt that was in
violation. The neighbor stopped the
burning when asked to do so.
Upon inquiry by Chairman McLain, Mr.
Johnson advised the fire department feels that this is a neighborhood dispute
and he believes some of the burning is being done because of the
complaints.
Ms. Vogel stated this is not a neighborhood
dispute and she feels something has to be done about the burning. She stated her neighbor does not have the
right to burn every two or three days as the average neighborhood burns about
every six months. She said she believes
the County has given her neighbor the right to be vindictive toward her. The County cannot let anyone harm anyone
else. She begged the Board to help in
this matter.
Upon inquiry by Commissioner Henley, Ms.
Vogel advised the dust is penetrating into her house.
Commissioner Morris stated Chairman McLain
is recommending that staff review the nuisance code to see if it is
applicable. He stated he would like to
know if the State supersedes the County.
Chairman McLain stated he feels the real
answer is for him to speak to the neighbor on this issue. He recommended that Ms. Vogel submit her
information to staff and they will contact the individual from Tallahassee.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:00 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
cc/slw/er