BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 26, 2008

 

     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 26, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Michael McLean (District 2)

     Commissioner Bob Dallari (District 1)

Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Court Maryanne Morse

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     The Invocation was given by Pastor Rico Sharp, Spirit of Truth Worship Ministries, Lake Mary.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Chairman Carey stated a report on the fertilizer issue will be presented at the Wekiva Basin Task Force meeting tomorrow.   

     Commissioner McLean stated there has been a slight change to the resolution and he will read that into the Record.

Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-68, as shown on page ________, supporting the recommendations of the Florida Consumer Fertilizer Task Force.


     Chairman Carey advised the change to the resolution is the “fee would come back to the counties and cities where it was generated”.

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

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, stated staff is requesting that Item #10, Approve termination of Conditional Utility Agreement for Lake Club, be pulled from the agenda as additional issues need to be reviewed.

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

Administrative Services

Purchasing and Contracts

 2.  Award CC-2486-07/VFT, as shown on page _________, Roof Replacement at the Seminole County Services Building to Bonner Roofing & Sheet Metal Company, Sanford, FL in the amount of $989,469.00 for all labor, materials, equipment, transportation, coordination and incidentals necessary for roof replacement at the Seminole County Services Building, 1101 E. First Street, Sanford, Florida 32771.

 3.  Award CC-2521-07/JVP, as shown on page _________, Cross Seminole Trail South in the amount of $575,535.25 to American Persian Engineers and Constructors, Inc. (APEC) of Orlando, Florida for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct a 1.049 mile trail including, but not limited, to site preparation, asphalt trail pavement, landscape, park furniture, and concrete sidewalk with emphasis on highly aesthetic, quality finished products and 0.181 mile wetland mitigation.

 4.  Award CC-2822-07/VFT, as shown on page _________, Jamestown Sanitary Sewer Project to Cathcart Contracting Company, Winter Springs, FL in the amount of $524,450.00, for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct a sanitary sewer system in Jamestown, Seminole County, Florida, located off of State Road 426 approximately 2 miles south of W. Mitchell Hammock Road.

 5.  Approve the negotiated rates and award PS-2249-07/BHJ, as shown on page ________, Continuous Construction Engineering and Inspection Services Agreement for Construction Projects less than $1 Million with DMJM Harris of Orlando, Florida; Keith & Schnars, Inc. of Orlando, Florida; and PB Americas of Orlando, Florida (estimated usage of $750,000.00 per year).

 6.  Approve the negotiated rates and award PS-2564-07/JVP, as shown on page _________, Miscellaneous Capacity and Safety Improvements to Kittelson & Associates, Inc., of Orlando, (estimated usage not to exceed $100,000.00 per year, for the five year term of the Agreement).

Support Services

 7.  Approve and authorize the Chairman to execute Reflections of Seminole County, LLC Subordination, Non-Disturbance, and Attornment Agreements, as shown on page ________, for four (4) leases: Reflections Tower and Front Space, Reflections Tanks Offices, Reflections Community Services Offices, and Reflections Environmental Services Program Management Contract Space.

 

Community Service

Community Assistance

 8.  Approve and authorize the Chairman to execute the Seminole County/The Center for Affordable Housing, Inc. HOME Program Rental Housing Development Subrecipient Agreement, as shown on page ________, Program Year 2006-2007.

 

Economic Development

Operations

 9.  Adopt appropriate Resolution #2008-R-70, as shown on page __________, approving the issuance of industrial development revenue bonds for the purpose of financing all or part of the acquisition and renovation of a facility located at 3100 Camp Road in Oviedo, I-Con Systems, Inc., and the purchase of additional manufacturing equipment.

 

Environmental Services

Business Office

10.  Pulled from agenda request to approve termination of the Conditional Utility Agreement for Sewer Service for the project known as Lake Club which will result in a refund of the Sewer Connection Fee in the amount of $12,600.00.

11.  Approve release of the original Water & Sewer Cash Maintenance Bond in the amount of $935.00 for the project known as Curley Medical Staff Solutions.

Planning Engineering Inspections

12.  Approve and authorize the Chairman to execute an Amendment, as shown on page ________, to the Exhibit “G” for Reclaimed Water Service for the project known as Long Pond.

Solid Waste Management

13.  Approve index adjustment for solid waste residential collection services as required by Franchise Agreements, effective January 1, 2008.

 

Fiscal Services

Administrative

14.  Approve and authorize the Chairman to execute the Modification, as shown on page ________, of the Subreceipient Agreement for Annual Maintenance to MARC Units in acceptance of revisions to the expiration and reimbursement dates, list of items to be sustained on the units, and total allocation for sustainment reimbursement.

15.  Approval to submit a grant application to the Florida Department of Environmental Protection requesting $200,000.00, to be used for enhancements to the Cross Seminole Trail between the Oviedo Trailhead to the pedestrian overpass at SR 434, through their Recreational Trails Program, and authorize the County Manager to execute supporting documents.

Budget

16.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-71, as shown on page __________, implementing Budget Amendment Request (BAR) #08-42 through the General Fund and Fire Protection Fund in the amount of $173,302.00 for the replacement of 38 portable radios, chargers and associated annual maintenance fees.

17.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-72, as shown on page _________, implementing Budget Amendment Request (BAR) #08-44 through the Solid Waste Fund in the amount of $36,750.00 to appropriate for the replacement of a water tanker.

 

Leisure Services

Parks and Recreation

18.  Approve and authorize the Chairman to execute a Special Priority Use Agreement, as shown on page ________, with Seminole Softball Club, Inc. and to further approve the mutual termination of the existing Special Priority Use Agreement.

 

Library Services

Museum

19.  Approve and authorize the Chairman to execute an Agreement, as shown on page __________, with Mid-America Arts Alliance for $6,000.00 (including a $1,500.00 deposit fee) for the traveling exhibit "Linedrives and Lipstick: The Untold Story of Women's Baseball" to be held at the Museum of Seminole County History from April 6, 2009 to May 25, 2009.

 

Planning and Development

Development Review

20.  Approve and authorize the Chairman to execute the final plat for Terracina at Lake Forest, containing 74 townhome lots and 4 commercial lots on a 42.5 acre parcel zoned PUD (Planned Unit Development), located on the north side of SR 46 at the intersection of International Parkway, and approximately 1¼ miles west of I-4, in Section 30, Township 19 S, Range 30 E. (Taylor Morrison of Florida, Inc., Robert T. Hattaway, and Fifth Third Bank) 

 

Public Works

Engineering

21.  Accept and authorize the Chairman to execute a Perpetual Stormwater Easement, as shown on page ________, for the Sweetwater Cove Tributary Surface Water Restoration Project, Phase IIIB - Dredging/Revegetation of Sweetwater Cove Lake, from Roll L. Bond & Annabella J. Bond.

22.  Adopt appropriate Resolution #2008-R-73, as shown on page _________, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page __________, with the Florida Department of Transportation (FDOT) to reimburse funding to the County for the construction of Phase 2 of the Cross Seminole Trail South Project (FDOT - FPN: 416621-1-58-01).

 

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

 

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

23.  Approval of proposed settlement relating to Parcel Number 143, Mosley property on the Bunnell Road improvement project.  The proposed settlement is at the sum of $41,445.28 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total statutory attorney’s fees, expert fees and cost reimbursements.

24.  Approval of proposed settlement relating to Parcel Number 144, Yates property on the Bunnell Road improvement project.  The proposed settlement is at the sum of $54,164.69 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total statutory attorney’s fees, expert fees and cost reimbursements.

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

25.  Approval of Expenditure Lists, as shown on page _________, dated January 28 and February 4, 2008; approval of Official Minutes dated January 22, 2008; and noting, for information only, the following Clerk’s received and filed:

 

 1.  Change Order #1, as shown on page ________, to CC-2143-07.

 

 2.  Original Notice and Proofs of publication, as shown on page ________, for the Notice of Tax Impact of the Value Adjustment Board for Tax Year 2007.

 

 3.  Letter to David Butler, Dept. of Revenue, from Sandy McCann, Deputy Clerk, forwarding a certified copy of the Notice of Tax Impact of the 2007 VAB advertisement and proof of publication.

 

 4.  Right-of-Way (Aloma Woods Boulevard) Utilization Permit Maintenance Bond, as shown on page _________, in the amount of $2,762.20 for the Centre for Alternative Medicine.

 

 5.  Right-of-Way (East Lake Brantley Road) Utilization Permit Maintenance Bond, as shown on page ________, in the amount of $1,371.20 for the South Bank Final Site Plan.

 

 6.  Right-of-Way (Ruby Court) Utilization Permit Maintenance Bond, as shown on page ________, in the amount of $10,000 for the Tropical Pools Office.

 

 7.  Right-of-Way (Red Bug Lake Road) Utilization Permit Maintenance Bond, as shown on page _________, in the amount of $3,750 for the Oviedo Professional Plaza.

 

 8.  Certificate of Completion, as shown on page _________, for Work Order #13 to CC-1075-06.

 

 9.  Certificate of Completion, as shown on page _________, for CC-0926-06.

 

10.  Change Orders #6 and #7, as shown on page _________, to CC-0569-06.

 

11.  Title Insurance, Corporate Warranty Deed and Temporary Construction Easement, as shown on page _________, for County Road 15 (Monroe Road), Highmoor, LLC.

 

12.  Work Order #6, as shown on page _________, to RFP-4232-04.

 

13.  Title Opinions, as shown on page _________, for Palm Valley Professional Center, Markham Woods Enclave, and Singh’s Addition to Chuluota.

 

14.  IFB-600277-07 Term Contract, as shown on page __________, with High Reach Company, LLC.

 

15.  Basic Contract #M-3094-08, as shown on page __________, with Oscar Juarez & Assoc.

 

16.  Second Amendment, as shown on page _________, to M-469-04, Mindset, Inc.

 

17.  Work Order #90, as shown on page __________, to PS-5165-04.

 

18.  Change Order #1, as shown on page __________, to CC-2098-07.

 

19.  Maintenance Bond, as shown on page _________, in the amount of $126,207.51 for Hawthorne Glen Townhomes.

 

20.  Right-of-Way Utilization Permit Maintenance Bond, as shown on page _________, in the amount of $4,174.40 for Rainer Drive aka Pearl Lake Causeway.

 

21.  Basic Contract #M-3043-08, as shown on page __________, with Professional Engineering Consultants, Inc.

 

22.  Work Order #12, as shown on page __________, to RFP-0778-06.

 

23.  Work Order #21, as shown on page __________, to CC-1075-06.

 

24.  Work Order #14, as shown on page __________, to PS-1501-06.

 

25.  Change Order #1, as shown on page __________, to Work Order #5 for CC-0012.

 

26.  Second Amendment to Litigation Consultant Services Agreement, as shown on page __________, with Gerson, Preston, Robinson & Company, P.A.

 

27.  Maintenance Bond, as shown on page _________, in the amount of $8,199.70 for Lowe’s Fern Park.

 

28.  Change Order #2, as shown on page __________, to CC-0376-05.

 

29.  Work Order #5, as shown on page _________, to PS-5140-03.

 

30.  Work Order #1, as shown on page _________, to PS-2108-07.

 

31.  Maintenance Bond, as shown on page _________, in the amount of $1,304.10 for Traditions at Alafaya, Phase 2 Colonial Bank.

 

32.  Letter to Maryanne Morse, Clerk of the Circuit Court, from City Clerk Sarah Mirus, city of Longwood, with certified copy of their annexation Ordinance No. 07-1859.

 

33.  Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann regarding P&D Documents.

 

34.  Work Order #67, as shown on page _________, to PS-5150-03.

 

35.  Memorandum to Cindy Coto, County Manager, from Sandy McCann regarding Outstanding BCC Documents.

 

36.  Amendment #1, as shown on page __________, to Work Order #18 for PS-1074-06.

 

37.  Work Order #89, as shown on page __________, to PS-5165-04.

 

38.  Assignments of Conditional Utility Agreement, as shown on page _________, for Potable and Reclaimed Water Service and Sewer Services between CWC Investments and Lifeway Homes, LLC.

 

39.  Development Order, as shown on page ________, for Lee Ranch, Inc.

 

40.  Funding Agreement, as shown on page ________, for the Central Florida Regional Commission on Homelessness, as approved by the BCC on Oct. 23, 2007.

 

41.  Amendment #1, as shown on page _________, to Work Order #22 for PS-0381-06.

 

42.  Change Order #2, as shown on page _________, to CC-1123-06.

 

43.  Letter of Credit, as shown on page _________, in the amount of $666,583 for Grande Oaks.

 

44.  Bids as follows:  CC-2486-07; Bid Packages Information on CD for CC-2486-07, CC-2648-07, and CC-2822-07.

 

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

 

SHERIFF’S OFFICE

 

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

26.  Approval to contribute $1,000.00 from the Law Enforcement Trust Fund to provide funding in support of Mothers Against Drunk Driving (MADD).

27.  Approval to contribute $200.00 from the Law Enforcement Trust Fund to provide funding in support of Rock Lake Middle School’s “drug and alcohol free” graduation event.

28.  Approval to contribute $2,000.00 from the Law Enforcement Trust Fund to provide funding in support of the Rising Achievers Program sponsored by the Rotary Club of Seminole County South.

 

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

REGULAR AGENDA

     Meloney Lung, Support Services, addressed the Board to seek direction on the purchase of Parcel #04-21-31-300-002E-0000, which is approximately 1.46 acres located at 1005 Jetta Point, owned by Charles W. Clark.  She stated staff received two appraisals and the Board directed staff to offer $302,500 for a 30-day offer.  Mr. Clark counter offered $325,000 with a 30-day offer. 

     Commissioner McLean stated he feels the Board should move ahead and accept the $325,000 offer.  He stated it is not necessary for the County to use that parcel but it will give them advantage for parking and logistics of not having to work around this parcel.  He suggested accepting Mr. Clark offer at $325,000 for that parcel.

     Chairman Carey stated the three options that the Board can stick with the $302,500; accept Mr. Clark’s counteroffer of $325,000; or split the difference between the $302,500 and $325,000.  She stated she would prefer splitting the difference.

     Commissioner Henley stated the Board gave Mr. Clark 30 days to accept $302,500 offer and as far as he is concerned, he feels that was their final offer and they should stick with it. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to split the difference of $302,500 and $325,00 and authorize staff to make the best and final offer of $313,000 for Parcel #04-21-31-300-002E-0000, which is approximately 1.46 acres located at 1005 Jetta Point, owned by Charles W. Clark.

     Districts 1, 2, and 5 voted AYE.

     Commissioners Henley and Van Der Weide voted NAY.

     Upon inquiry by Ms. Coto, Chairman Carey advised if Mr. Clark accepts the offer of $313,000, staff will not need to bring it back to the Board.

     Mr. McMillan clarified with the Board that this is going to be a take it or leave it offer.

     Commissioner Dallari stated if Mr. Clark is not willing to accept the offer, then he will need to find another use for the property.

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Austin Watkins, Planning, addressed the Board to present request to approve the Final Master Plan and Developer’s Commitment Agreement for the River’s Edge Preserve PUD, consisting of 9.99+ acres, located on the east side of SR 415, approximately 1 mile north of the intersection of SR 46 and SR 415, Daly Design Group.  He stated the applicant is proposing 31 detached single-family dwellings with a minimum lot size of 6,000 sq. ft.  Staff finds that the proposed final master plan and developer’s commitment agreement complies with all the conditions contained in the approved development order.

     Commissioner Henley stated over the last few years the Board discussed bus pullouts on major transportation routes but not a great deal has been done about that.  He stated he is concerned that they may wind up allowing buses to stop all traffic or provide pullouts in the future as more and more buses will be added.  Therefore, he feels making provisions for future growth is something they should try to accomplish since more buses are added throughout the County.

     Tom Daly, applicant, addressed the Board to state any kind of bus pullouts will be subject to FDOT and he will be happy to work with the Engineering Dept. and FDOT regarding this.  He stated since FDOT is doing the design work, it would be a great opportunity for the County to look at coordinating where these will go.

     Commissioner Dallari stated there is no requirement in the Land Development Code, but as long as the applicant is willing to work with staff in providing some type of coordination, he will accept that.

     Mr. Daly stated the master plan does not show the four-laning of the road but, as those plans progress, he can work with everyone.

     District Commissioner Carey recommended approval of the request as submitted.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for the River’s Edge Preserve PUD, consisting of 9.99+ acres, located on the east side of SR 415, approximately 1 mile north of the intersection of SR 46 and SR 415, Daly Design Group, based on staff findings. 

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

COUNTY MANAGER’S BRIEFING

     Ms. Coto stated she would like to clarify the Board meetings for November and December.  She stated the November 11, 2008 meeting is on a holiday (Veterans Day) and she would recommend moving that meeting to November 18, 2008.

     Commissioner Henley stated he will not be attending the March 11, 2008 meeting as he and his wife will be in Israel during that time.

     Mr. McMillan stated the reorganization meeting was originally scheduled for November 18, 2008 and now it will be a full Board meeting along with the reorganization.  He stated since it is an election year and if there is a change of membership, he would recommend holding the reorganization meeting at the beginning of the meeting and then conduct the full Board meeting after that.

     Chairman Carey recommended beginning the swearing in and reorganization at 8:30 a.m. and then conduct the regular meeting at 9:30 a.m.  The Board voiced no objections.

     Ms. Coto stated December 9, 2008 would be the only meeting in December unless the Board directs her otherwise.

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     Ms. Coto informed the Board that Enterprise Florida has contacted Mr. Bill McDermott, Economic Development Director, asking him to serve as an ex officio board member on the East Central Florida Regional Planning Council (ECFRPC).  She stated ECFRC has contacted others from the City of Sanford, FDOT, and Expressway Authority to serve three-year terms as non-voting members. 

     Upon inquiry by Chairman Carey, Ms. Coto advised that Mr. McDermott was asked to serve in a capacity relating to economic development.  The Board voiced no objections.

COUNTY ATTORNEY’S BRIEFING

     Mr. McMillan stated he sent the Board a copy of the Orange County Task Force proposed Ethics Ordinance to see if they would like to add additional information pertaining to same.  The draft ordinance basically incorporates the things that the Board still has authority to do after the court ruling.  Commissioner Henley has provided him with an ethics consolidated report submitted by Gwyneth County, Georgia, and he will provide copies to each Board member. 

     Commissioner Van Der Weide stated he feels the Board should at least do what the voters instructed them to do.

     Mr. McMillan stated there were discussions that once they receive Orange County’s report they would enact the basic ordinance that included the surviving parts of the charter amendment. 

     Chairman Carey recommended circulating the additional information to the Board to allow them to discuss with the County Attorney any issues that the Board may have, and then it will be presented during the second meeting in March.

     Mr. McMillan stated staff will advertise the basic ordinance for adoption at the March 25, 2008 meeting.

     Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize advertising a public hearing relating to the basic Ethics Ordinance and scheduling same for March 25, 2008. 

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

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     The Chairman recessed the meeting at 10:03 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Henley, seconded by Commissioner McLean, to authorize filing the proofs of publication for this meeting’s scheduled public hearings.

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

PUBLIC HEARINGS

BELLA WOODS REZONE FROM A-1 TO

R-1AAA/LARRY W. HODGES

 

     Proof of publication, as shown on page _______, calling for a pubic hearing to consider rezoning approximately 3.34 acres located on the north side of Dike Road, approximately 900 feet east of the intersection of Tuskawilla Road and Dike Road, from A-1 (Agriculture) to R-1AAA (Single-family Dwelling); Larry W. Hodges, received and filed.

     Austin Watkins, Senior Planner, addressed the Board to present the request, stating staff conducted the lot size compatibility analysis and determined the analysis supports the request to R-1AAA zoning classification.  The Planning and Zoning (P&Z) Commission voted five to 0 on January 9, 2008, to recommend denial of the request to rezone.  The staff recommends Board approval of the request to rezone to R-1AAA.

     Chairman Carey advised she has received and read the Written Comment Forms (received and filed) submitted and they will be routed to the Commissioners for review. 

     Larry Hodges, applicant, 1803 Australian Avenue, West Palm Beach, addressed the Board to state the last time he came before the Board, it was suggested he bring this item back as a rezone to R-1AAA, which he has done.  This puts them consistent with the surrounding projects and creates a buffer to the more intense uses on the Tuskawilla side of the property.  He thinks this project will be a nice asset to the County.  They have completed a wildlife study on the property, which has been preliminarily approved by the State, but cannot be formally approved until the rezoning is accepted.  He said they anticipate saving the majority of the oak trees on the site which will be controlled through the homeowners association that he will have control over.  The project will not have any adverse affect on the surrounding property with runoff as they have a preliminary plan that shows they can retain 100% of runoff on their property as well as the improvements on the road.

     No one spoke in support of the project.

     Mark Crone, representing Stonehurst Development Corporation, 1050 S. Lake Sybelia Drive, addressed the Board to state they developed the 66-lot project immediately to the north of the subject property and currently own Lot 11B shown on the diagram presented (received and filed).  He said they think Mr. Hodges will build nice homes and the project is compatible in terms of lot size.  Their issue is what will be caused by the private road in the configuration proposed.  It will landlock all the lots 11A through 11B.  Currently, the lots are zoned agricultural and in order to pull a building permit to build a single-family zoning, the property would have to conform to the current zoning.  That would require a one-acre minimum and the option would be to rezone and redevelop into smaller lots and in doing that, you would need a public right-of-way since these lots are all independently owned.  He showed pictures (received and filed) of a car and old trailers on the lots now.  He said they consider this an issue of planning, that the County has a responsibility to properly plan new roads, whether private or public.  He explained that in this situation with the private road giving no access to the other lots is going to cause a problem for any future development of those lots.  He showed another diagram (received and filed), stating the lots are 140’ deep and if a 50’ right-of-way is put in these lots, they will end up with a 35’ building pad which is unbuildable.  He recommended the applicant provide an option for joining the homeowners association at some cost to each of these lots. 

     Upon inquiry by Chairman Carey, Mr. Crone advised they did provide the provision for access from Stonehurst to the property.  He explained the lot in his ownership won’t have access from Stonehurst because it would have to be developed as part of Stonehurst to do that.  He said their lot by itself is not developable. 

     Upon inquiry by Commissioner Dallari asking if the four lots would be landlocked by this development, Mr. Watkins said Lots 11A through to 11B have an easement.  The access allows for non-exclusive ingress and egress on the property from Dike Road to 11B. 

     Ian Phillips, 4800 Dike Road, addressed the Board to state they understand the access is possible now, but they understand they would not be able to pull a building permit on the lots if they wanted to rebuild there.  He displayed information on the Scenic Corridor Overlay Zoning District (received and filed) and reviewed same.  He said they realize they are not in one of the designated scenic corridors but they are consistent with that kind of community.  The County Commissioners in the past have found this is something to be preserved.  He reviewed provisions that the mobile home park has the right to stay there.  He said he can see a lot of conflict between trailers, agricultural zoning and homeowners associations.  He said he thinks they now have a win/lose situation between the developer and the community and would like to see that be a win/win situation.  He said their proposal is to subdivide the lot into three, A-1 lots, all over one acre, with a right-of-way and access for the two rural lots.  This will end up with the developer making the same amount of money and the County making the same amount of tax revenue from this development.

     Mr. Watkins advised on Mr. Phillips’ comments that, as stated, the scenic corridor overlay zoning district does not apply to this area but to the rural or eastern side of the County.  Further, he said the mixed development protection is governed by Florida statutes and the laws for the septic are governed by the Department of Health.  He said this is technically not a mobile home park so Section 30.125 would not apply. 

     Tina Williamson, Assistant Planning Manager, addressed the Board to comment on Section 30.1341, Front yard exceptions in dwelling districts.  She said when this property goes to the subdivision process, Dike Road will not be considered the front yard anymore, but the front yards would be internal to the subdivided properties.

     Mr. Watkins further stated that Section 30.1345 applies only in residential zoning districts and does not apply when there is R-1 with A-1 adjacent to it. 

     Jody Lazarus, 4736 Dike Road, addressed the Board to state her three arguments deal with non-conformity.  Regarding the 150’ setback, she said she doesn’t think it conforms where there are bulls on the fence line and a back yard up against it.  She showed a picture (received and filed) depicting same.  She a map (received and filed) of the area and said staff stated the front yard setback would not pertain because the houses would face internally to the private road; however, if you go down Dike Road, every house faces Dike Road except for this subdivision.  Thirdly, she said there are four schools located in this area and all are under a mile of each other.  She showed aerials (received and filed) with the locations of the schools identified and noted the schools have very sparse residential around them.  She said if the six homes are put in near the Montessori School, the sparse residential will be gone away.  She stated the trailer lots are not landlocked and do have an easement.  The problem is with the building permit.  She told of how she called the County on pulling a building permit for another trailer and again for a single-family home and was told both times that this could not be done.  She said she doesn’t see how this is transitioning well with the homeowners, agricultural, undevelopable lots and the school all next to each other.  She said Commissioner Dallari’s motion the last time was to deny based on nonconformity and she doesn’t think that argument has changed at all.

     Chairman Carey clarified with Mr. Watkins that the 150’ separation does not apply in this scenario. 

     Jami McCutcheon, 4750 Dike Road, addressed the Board to state she has met with each Commissioner individually and showed a video of the community.  She asked those in the audience to stand who live in the community and approximately 10 persons stood.  She said these people have a community and she doesn’t believe six houses on three acres makes a community.  This is going to change the community.  She hopes the Board takes into consideration the things the P&Z saw and the things the residents see.

     Jim Womble, 4792 Dike Road, addressed the Board to state that by State statute, a septic tank cannot be closer than 75’ to a well.  When they get six septic tanks in a line, he thinks that’s going to start contaminating that area.  Also, he said it is 900’ to the Tuskawilla Road public sewer system and to him, they should put the line in to join into that.  He stated Tiffany Woods created a major flood problem for the property to the east of it.  He understands from another resident next to Stonehurst that when there is a good rain, the water comes up two to three inches on her property.  He asked if the County is going to come up with a master drainage plan for the County. 

     Mr. Watkins confirmed for Chairman Carey that the subject homes would be required to connect to the water line off Dike Road so there will be County water and septic tanks with no wells.

     Regarding inquiry by Commissioner Dallari concerning the drainage issues, Mr. Watkins said the project would have to meet the Land Development Code regulations.

     Jerry McCollum, County Engineer, addressed the Board to discuss the drainage in the area.  He advised of work the County has done in the area of Bodkin Road.  He said for that type roadway, it’s working pretty well.  He said staff would be taking a look at the area toward the dirt cul-de-sac where there could be some more work done.  He said this area has historically had high water tables and flooding.  It is close to Bear Gully and there have always been some drainage problems along Brooks Lane.  He said this all has to be addressed when the applicant does the final engineering.  He said they won’t’ be able to fix all the drainage problems at once.  They have to do the best they can with the limited right-of-way.  The real key is getting outfalls over to Bear Gully and in many cases, they can’t get that.

     Upon direction from Chairman Carey, Mr. McCollum explained how the drainage is handled when the site is cleared of the trees, stating whatever water is running off the site now has to be contained on the site.  Also, the water has to be treated.

     Shar Moore, 1665 Bodkin Lane, addressed the Board to state her house is the first house on the corner of Bodkin Lane and Dike Road and where she lives is not a trailer or mobile park.  She explained five individuals are owners there.  She said her concern is that all their wells on Bodkin Lane are within 25’ of where they are going to put the proposed road.  She asked if someone is building all this stuff next to their wells, what is it going to do.  She said they don’t want city water and enjoy having their septic tanks and well water.  She asked shouldn’t the Health Department be here with the Planning Department to find out what they can do about their water.  She explained that as far as she knew Bodkin Lane was a yield road.  She said she’s not against the applicant building houses, but she thinks six and even five or four is too many.  She thinks three houses in this area would be fine; otherwise, they will stick out like a sore thumb.

     Chairman Carey asked staff to discuss the separation between septic tanks and wells required by the Health Department for safety.

     Dori DeBord, Planning & Development Director, addressed the Board to state if a project is on water, it has to be at least one-quarter acre in order to have a septic tank and a potable water system.  If there is to be a septic system and well system, it has to be a half acre.  She said as the project gets to final engineering, staff will be working very closely during the development review process with the Utilities, Environmental Services and the Health Department to get an exact handle on what the applicant anticipates doing.

     Commissioner Dallari asked what would be the requirement of putting in a septic system on a new piece of property where there is an existing well on the adjacent property. 

     Ms. DeBord said as this project goes into platting, the Health Department will know where the well systems are on the existing properties and they will site the septic systems in the best location on each individual lot.  This will occur during final engineering.  Her staff will let the Health Department know that residents in the area have raised concerns about where the water table is with regard to the well and septic systems.

     Chairman Carey asked Ms. DeBord to confirm with the Health Department what the separation is between a well and a septic tank.

     Blair Walters, 4665 and 4663 Tiffany Woods Circle, addressed the Board to state her main concern is the drainage and water runoff and they have had major problems in this area because it is so low.  She showed some old photos (received and filed) for 4665, 4663, and 4661 Tiffany Woods showing how the water used to stand in their area before the County did some drainage work in 2003, 2005 and 2006.  She said behind Dike Road to the east where this project is going in has a lot of low land and there is no drainage.  Dike Road is still real low and the water still comes into her yard, but it does drain out.  She said she is concerned about the elevation they are going to put these homes on.  She is also concerned that with six homes, there will be 12 to 18 cars.  They have a nice, quiet road now, and they want their trees left the way they are.  They don’t want the road so that it becomes a speedway.  He asked that the Engineering and Traffic Departments look into that.

     Mr. McCollum commented on what the impact of the six houses being added to the neighborhood, stating the road is in pretty good shape now.  He said because of the narrow right-of-way and improvements already, he would be concerned if they tried to do anything else to the roadway, especially for six lots.  He would need to look at this in the final engineering.  The road appears to be structurally adequate and wide enough not to create any problems.

     No one else spoke in opposition.

     Speaker Comment Forms were received and filed.

     District Commissioner Dallari stated the applicant is asking for straight zoning to R-1AAA, and there is R-1AAA to the north of the property, Suburban Estates to the east, and R-1A to the South.  He said he believes this is applicable and when the applicant comes in for final engineering, a lot of the scrutiny questions presented today will be addressed. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to adopt Ordinance #2008-12, as shown on page _______, rezoning 3.34+/- acres, located on the north side of Dike Road approximately 900 feet east of the intersection of Tuskawilla Road and Dike Road, from A-1 (Agriculture) to R-1AAA (Single-family Dwelling); as described in the proof of publication, Larry W Hodges, based on staff findings.

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

ROYAL PLAZA REZONE FROM

M-1A TO C-1/SOPHAN LAY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from M-1A (Very Light Industrial) to C-1 (Retail Commercial) 1.8+/- acres located on the north corner of the intersection of SR 426 and Camp Road; Sophan Lay, received and filed.

     Mr. Watkins presented the request, stating the staff finds the rezoning is compatible.  The P&Z Commission voted 5 to 0 to recommend approval of the rezoning and staff also recommends approval of the rezoning to C-1.

     Commissioner Dallari asked if there was a need for any buffers from the Cross Seminole County Trail.

     Ms. Williamson stated when the site plan comes through, it will be reviewed by members of the Trails Division and if they feel a need, they will request buffers be put in place.

     Sophan Lay, applicant, addressed the Board to state he is the owner of the property and he supports the staff recommendation.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to adopt Ordinance #2008-13, as shown on page _______, rezoning from M-1A (Very Light Industrial) to C-1 (Retail Commercial) 1.8+/- acres located on the north corner of the intersection of SR 426 and Camp Road; as described in the proof of publication, Sophan Lay, based on staff findings.

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

LEGISLATIVE UPDATE

     Assistant County Manager Sabrina O’Bryan addressed the Board to give an update on the Legislative Program.  She advised Fiscal Services Director Lisa Spriggs is listening in on the Committee meeting at this time on the mandatory gas tax discussion.  She said it looks like those funds would go to the State Transportation Trust Fund, but it is too early to tell.  She should have an update to the Board in the next day or so.  She advised there are 50 items now under review by the Taxation and Budget Reform Commission.  There are four committees meeting and they will be meeting weekly now.  There are multiple items that have more than one committee review.  She stated there are three possible outcomes for each of the 50 items:  some will be drafted for a vote in November; some will be a recommendation with a transmittal letter looking for an actual sponsor; and some will be given an informal recommendation where they are included in the overall recommendation at the end of the Taxation and Budget Reform Commission. 

     Commissioner Van Der Weide said he thinks it is important to share with the voters that these issues can be put on the ballot without going to the voters or the local commission.

     Ms. O’Bryan advised Chairman Carey that she thinks May 8 is the deadline for all the draft languages to be completed to make the November ballot.  She further advised Commissioner Dallari that the five cents gas tax would generate about $7 million. 

     Chairman Carey said she thinks it would be helpful if the Board could see the 50 items to see which ones will be run through legislation.  She asked if staff could have those in draft form, she will be seeing Senator Constantine tomorrow and can discuss these with him.

     Ms. O’Bryan stated Item #17 was approved by the Taxation and Budget Reform Commission this afternoon dealing with the sales tax.  She doesn’t believe there was any fiscal impact to Seminole County.

     Lisa Spriggs entered the meeting at this time.  She reported that the Taxation and Finance Taxation Committee is meeting currently discussing the Constitutional Proposal #36 which deals with transportation funding.  They haven’t voted yet, but today they brought forth an amendment.  Previously, it had some provisions that took funding away from the State’s general revenue and redirected it to transportation.  The change they are discussing now would increase tag and title fees on motor vehicles over a three-year period and provide for indexing for those fees.  It would index State fuel or gas taxes, and some of those are shared by the County.  This would bring the entire State to a local optional gas tax of 12 cents that would funnel back to the County and cities.  The tax would be mandatory.  If this passes, it would go to the Commission for a vote and, if it passes there, it would be a statutory recommendation.

     Ms. Spriggs said she has only read staff analysis, but she understands the legislators are not changing the current provision with regard to the local gas taxes, so that would come back to the local entity.  The additional five cents would be by interlocal agreement with the cities on how they would share that.  This would be approximately $7 to $7.5 million for the County and county-wide, $12 to $13 million. 

     Chairman Carey advised staff that if things change, to make sure all the Commissioners are e-mailed because things are moving quickly.

     Ms. O’Bryan said since the last Board meeting, the Committee met and it looks like they are toying with the homestead exemption and increasing above and beyond what was done with the property amendment.  They are looking at increasing it to $75,000 exemption.

     Ms. O’Bryan advised several items are in the staff departments for review, such as water pollution control, public works construction and commercial development and capital improvements.  Staff is monitoring these and can get additional information as they move forward.  The item with the potential of reduction of impact fees seems to be the one with the most impact on Seminole County.

     Commissioner Dallari asked about HB 547.  Ms. O’Bryan stated she would follow up with staff and send information to the full Board once this is received from the staff. 

     Ms. O’Bryan said if the Board desires, she will bring information at the next Board meeting on the Florida Forever Program.  Chairman Carey stated she will follow-up with Senator Constantine on that tomorrow in their meeting.

     Ms. O’Bryan stated the Supreme Court will hear oral argument on the Regional Conflict Council on February 27.  She added that staff will make sure they are participating in the CSX contract liabilities discussions.

     Mr. McCollum stated there was a special meeting called last Friday and there has been a lot of activity in Lakeland.  He said there is a lot of misinformation out there.  DOT is putting together an information summary package to lay everything out.  He stated they need to make sure the County’s lobbyist in Tallahassee is following up, as well as the lobbyists in Orange and Osceola counties, and that they let the elected officials know what is going on.  He said he will get information to the Board as soon as he gets it.

     Ms. Spriggs advised in committee at the TBRC, there is CP 46 proposed by Commissioner Hogan which restricts authority of the Legislature to enact unfunded mandates.  Also, it would require a public hearing of the legislation and three-fourths vote of both the House and Senate to pass it, and have an expiration in eight years of each unfunded mandate. 

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     Ms. Coto reported that the Turkey Point Power Plant has had some issues this afternoon and about 20,000 customers are without power throughout the State at this time.  They had hoped to have the grid up by 3:30 p.m.  Some of the power flickers received throughout the day have been because of that.


CHAIRMAN’S REPORT

     Chairman Carey advised per communication from the city of Casselberry, they would prefer to have a business person on the CRA and they have sent an application from Alan Trueba for this position.  She asked for a motion to rescind the appointment of John Metsopoulos on the CRA.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to rescind the appointment of John Metsopoulos to the Casselberry CRA.

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

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to recommend the appointment of Alan Trueba to the Casselberry CRA.

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

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     Chairman Carey advised of a letter from Mayor John Bush regarding enclaves in Winter Springs.  In talking to the County Manager, this has been discussed in the past and the consensus of this Board is for annexations to be voluntary and not mandatory.

     Commissioner Henley said it would be unfair to approve that request when the County has an agreement with the other cities about annexations and they need to be consistent. 

     Commissioner Van Der Weide said the Board has traditionally always supported voluntarily annexations, but opposed mandatory annexations.

     Chairman Carey stated she will send a letter to Mayor Bush on the Board’s position.

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     Chairman Carey advised she also received a letter from the city of Longwood requesting to have a joint meeting to discuss items along SR 434.  She asked Commissioner Henley and Mr. McCollum to speak to whether there is a need to try to move forward on a joint meeting.

     Commissioner Henley stated this communication has been going on for quite some time.  It seems Longwood is concerned that the County has been ignoring their vision.  He said the County has been working on this project for about four years.  The City has also made a request of the Fifth District DOT Office for about 12 items, most of which were denied by DOT.  He said some of these requests would be unusual for the County to grant.  They would cost the County more money.  His position is, technically, if they want those improvements, the County doesn’t object if they pay for them.  Some things listed were not in the County’s authority to do.  He discussed the retention pond and said Longwood wants the County to buy the area.  He told Longwood he could not support that purchase at the time because it is not in the confine of Rangeline up to I-4.  There are concerns about the widening of the rest of it.  He said he doesn’t think they have the money to fund that upfront.  There have been some other discussions regarding commuter rail.  He said he also received a copy of the request for a joint meeting.  It is going to be difficult for them to come together in a joint meeting with their schedule.

     Mr. McCollum stated he has drafted information for the Chairman and District Commissioner.  He said over the last two years, staff has had about a dozen meetings with Longwood, and DOT has met with the City.  He said this is a State road project, and the County is merely managing the project and they have to adhere to DOT standards. 

     Mr. McCollum discussed items in the letter from the city of Longwood regarding adopting straight standards for Island Lake District.  He said the city is trying to create a small town look.  He advised that those type issues need to be done through their Land Development Code.  The County did incorporate some of the standards into the design.  The County is paying for this in the sales tax.  He stated to the best of his knowledge the City said they would put in the money for additional landscaping, but nothing on the other items.  He said one of the big issues is Lynx.  The City would like to have a bus pull out in that area.  This is a fixed route that may only be there for two years.  There is no right-of-way unless they go out and acquire that, and the County does not have money to do that. 

     Commissioner Henley said Lynx does not have the money either and would not do this without an extensive study.

     Commissioner Carey said she suggested to the City that when Orlando Regional did their expansion, that was the perfect time to say to them why not give them an extra pull-out for bus service.

     Commissioner Dallari stated he also received a letter from the Issues Committee of the Longwood Area Chamber regarding Lynx, commuter rail and expansion of SR 434.  He said they have had work sessions with other cities.  He asked would it behoove the Board to schedule a work session and get all the issues out on the table and put this to bed.

     Chairman Carey said the Board meetings are pretty extensive.  They agreed after each Board meeting they would have workshops for EAR amendments, the Land Development Code and they have budget meetings coming up.

     Commissioner Dallari said he doesn’t think an evening meeting would be that detrimental.

     Commissioner Van Der Weide said he doesn’t ever remember having a joint meeting with Longwood, but he doesn’t know why they could not have a meeting.  He doesn’t see it a problem even if it’s a meeting in the evening.

     Commissioner Henley said they don’t have any solutions for the City. 

     Commissioner McLean stated he has had discussions with the Mayor as well.  He thinks Longwood’s position is it is possible that what they are looking at is in the city of Longwood and the County is saying it’s your issue.  They understand it’s within their city but the impact will be far beyond their borders.  He thinks they are looking to the County to help in some sort of partnership.  He agreed with Commissioner Dallari to sit down and see if they have some areas they can partner on.  He thinks it is time for Longwood to have their workshop with the Board.

     Commissioner Henley said he is not opposed to a joint meeting.  It is nothing they can arbitrarily say yes, we’ll join.  He wants the Board to understand that for some of the requests, they have all been discussed, but they have not been able to come up with a suggestion yet.

     Commissioner Carey said this project is under design and moving forward.  If they are going to try to have a meeting with Longwood, they need to do it in March.  She suggested the second meeting in March.

     There were no objections to holding the joint work session on March 25 after the County Commission meeting.  Chairman Carey asked Ms. Coto to contact the City and come up with an agenda.

     Chairman Carey said, if there are no objections, she will respond as Chair with the responses from Mr. McCollum on specific items and maybe they can narrow the items for the work session.  She suggested the time of 4:00 p.m. or as soon as possible after the Board meeting. 

     Mr. McCollum advised he will contact FDOT so that they may be in attendance.

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     Chairman Carey discussed the request to have representatives from Seminole County on the permanent Commission for the Coalition on Homelessness.  She said she has spoken to John Rittenhour and he has agreed to be one of the representatives.  She has a call in to another person who is president of the Hispanic Chamber of Commerce who has been very generous.  She asked to move forward with Mr. Rittenhour. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to appoint John Rittenhour to the Coalition on Homelessness as a representative from Seminole County.

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

COMMUNICATIONS AND/OR REPORTS

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

 1.  Memorandum dated November 20, 2007 to the Board of County Commissioners from Cynthia Coto re:  the Sheriff’s ATV report.

 

 2.  Memorandum dated January 16, 2008 to Commissioner Brenda Carey from Harry Barley, MPO, re:  Transportation Regional Incentive Program.

 

 3.  Memorandum dated January 23, 2008 to the Board of County Commissioners from Cynthia Coto re:  Advisory Committee Review of the Logue Property.

 

 4.  Copy of letter dated January 25, 2008 to Governor Charlie Crist from Mr. Danny DeCiryan re:  resignation from the Seminole Soil and Water Conservation District.

 

 5.  Contract for Services, as shown on page _______, signed January 28, 2008 with the Seminole Audubon Society to hold Basic Birding Classes.

 

 6.  Memorandum dated January 31, 2009 to the Board of County Commissioners from Jerry McCollum re:  Additional Street Lighting/Pedestrian Overpass at I-4 and Lake Mary Boulevard.

 

 7.  Letter dated February 11, 2008 to Chairman Brenda Carey from David Torre re:  the bravery of Seminole County citizen, Mr. Jerry Hendryx.

 

 8.  Copy of letter dated February 11, 2008 to Secretary Stephanie Kopelousos, FDOT, from OSIA President, Larry Dale, re:  4-laning of SR 46.

 

 9.  Letter dated February 12, 2008 to Chairman Brenda Carey from the Department of Community Affairs re:  Review of the Comprehensive Plan Amendment adopted by Ordinance No. 2007-46.

 

10.  Copy of letter dated February 12, 2008 to Seminole County Federal Legislative Delegation from Chairman Brenda Carey re:  2008 legislative priorities.

 

11.  Letter dated February 12, 2008 to Chairman Brenda Carey from Janet Dougherty, Clerk for the City of Sanford, re:  appointment of Mr. Jeff Triplett to the City of Sanford CRA.

 

12.  Letter dated February 13, 2008 to Seminole County Board of County Commissioners from State Attorney Norm Wolfinger and Sheriff Don Eslinger re:  budget cuts and funding of sexual assault exams.

 

13.  Letter received February 13, 2008 to the Board of County Commissioners from Dr. Beverly Baird-Booth re:  the paving of Whitner Way.

 

14.  Notice of Public Hearing dated February 14, 2008 from the City of Winter Springs re:  annexation of the property located at 1379 State Road 434.

 

15.  Letter dated February 14, 2008 to Chairman Brenda Carey from Mayor John Maingot, City of Longwood, re:  widening of SR 434.

 

16.  Copy of letter dated February 18, 2008 to Governor Charlie Crist from Kirby Green, SJRWMD, re:  SJRWMD 2008 Consolidated Report.

 

17.  Notice of Public Hearing received February 13, 2008 from the City of Longwood re:  variance at the property located at 2350 S. Highway 17-92.

 

18.  Copy of Letter dated February 19, 2008 to Mr. Egerton van den Berg from Chairman Brenda Carey re:  SCIDA.

 

19.  Copy of Letter dated February 19, 2008 to Dr. Bill Vogel from Chairman Brenda Carey re:  Student Museum Committee.

 

20.  Copy of Letter dated February 19, 2008 to Mr. Steve Coover from Chairman Brenda Carey re:  BOA.

 

21.  Copy of Letter dated February 19, 2008 to Mr. Thom Greene from Chairman Brenda Carey re:  Law Library Advisory Board.

 

22.  Copy of Letter dated February 19, 2008 to Mrs. Lisa Giltner from Chairman Brenda Carey re:  Animal Services Board.

 

23.  Copy of Letter dated February 19, 2008 to Mr. John Schweinsberg from Chairman Brenda Carey re:  Disability Advisory Council.

 

24.  Copy of letter dated February 19, 2008 to Mrs. Karen Almond from Chairman Brenda Carey re:  MPO Citizens Advisory Committee.

 

25.  Contract for Services, as shown on page _______, signed on February 20, 2008 with Mr. Danny Ousley for Umpiring Slow-pitch softball.

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Chairman Carey recommended the appointment of Pat Southward to the Library Advisory Board.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to appoint Patricia Southward to the Library Advisory Board for the remaining one year of a two-year term ending January 2009.

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt Resolution of appreciation (see Minutes of Feb. 12, 2008) to Nita Spatola for her service on the Library Advisory Board.

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

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     Commissioner McLean advised he went to Orange County and appeared with Margo Knight (United Arts) and talked about the cultural events the County is putting on.

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     Commissioner McLean announced that the Taste of Lake Mary event will be held on Monday, March 31.  He stated this is a fundraiser for the Rotary Club of Lake Mary and if any Commissioners are interested, he has tickets for that.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to reappoint Dave Putz and Richard Moseley to the Contractor Examiner Board for one-year terms ending January 1, 2009.

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to reappoint Stanley Weinroth to the Seminole County Industrial Development Authority (SCIDA) for a four-year term ending January 1, 2012.

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

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     Commissioner Van Der Weide reported he attended the MPO meeting last month and everything went super smooth.

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     Commissioner Van Der Weide stated he attended the State of the County luncheon sponsored by Chairman Carey. 

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     Commissioner Van Der Weide also stated he attended the Zoo Board meeting.  This was a brain-storming meeting to bring the tiger back to the County.

     Commissioner Van Der Weide further reported that the Heroes’ Memorial is being updated weekly.  They are making progress and waiting for the design detail to come back with a recommendation to their committee; and then they will recommend one or three designs to the County Commission.  He advised of the web site for the Heroes’ Memorial.

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     Commissioner Dallari stated he received a packet from Atlantic Housing Partner looking for a memo of an understanding to review and approve.  He would like to turn that over to Ms. Coto and Mr. McMillan to speak to them and work out the details to see if there is anything the Board can do to help them.  He wants them to know what they need to do for the County to review their information.

     Ms. Coto advised this company has not submitted a RFP and, apparently, they have not submitted their corporation as a vendor. 

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     Commissioner Dallari reminded the Board that in March they have the deadline to approve or disapprove the CRA request from Oviedo and he would like to put that on the agenda.

     Chairman Carey said they are aware of that and the Mayor and Planning Director have been to see her and most of the Commissioners.  She has discussed this with Ms. Coto and will definitely have it on the agenda.

     Ms. Coto reviewed the original request date and subsequent requests for extensions.  She advised the State Statutes has changed and if they do not act within the given period of time, the CRA goes into effect with the County participating at 95%.  She said the Board has a couple of options--they can vote it up with whatever conditions or vote it down.  They cannot extend it unilaterally.  The City would have to request the extension and the County would have to concur.

     Chairman Carey added that if the City is going to request an extension, they have to do it before their meeting.

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     Commissioner Dallari said the EAR work session is scheduled for April 22 and at the same time is the dedication for the Eugene Gregory Memorial.  He would like to move the work session to the evening so he can attend the dedication.  He said the dedication is at 5:00 p.m.

     Chairman Carey said she had no objections to moving the work session to 7:00 p.m. on April 22, 2008, and there were no objections from the other Commissioners.

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     Commissioner Henley advised he will be attending a Metroplan Advisory Committee Institute this Friday, Saturday and Sunday.  He said there is also a Central Florida Transportation Symposium hosted by Metroplan.  Congresswoman Corrine Brown will be there to give an update on transportation.  Also, Robert Deon will be there from DOT and will make a presentation.  Noranne Downs (FDOT) will make a presentation on commuter rail.  They will hear on the status of high speed rail.  He said theRe will be limited seats and anyone wishing to attend needs to call Metroplan.  He added that there will also be an update from Larry Dale of the Airport and the Expressway Authority will be making a report on their activity.

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     Commissioner Henley asked for action authorizing the County Attorney to work out an interlocal agreement with the city of Longwood regarding the project on Longwood Hills Road concerning annexation.  He said the City is in agreement with the County being able to continue with that.  The owner did not file it with the Clerk which the County policy requires.  He would request the County enter into an interlocal agreement because fees have already been paid.  It is the desire of the City and the owner that the County do that.

     Mr. McMillan said this is not going to be tied to any other agreements.

     Under discussion, Commissioner Henley said he thought the Board had an agreement, but apparently staff did not think they had clear direction.

     Mr. McMillan said he talked to the City Attorney yesterday and the City said, if directed by the Board, they could come up with some simple interlocal and bring it back for the next meeting.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to authorize the County Attorney to work out an interlocal agreement with the city of Longwood regarding annexation and the project on Longwood Hills Road.

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

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     Commissioner Henley said the commuter rail is not a done deal; there are challenges in Tallahassee.  He said he will be sending a request to contact the Legislative Delegation to make sure they support the action going on in order to get authorization on the liability completed.

COUNTY MANAGER’S REPORT

     Ms. Coto said she believes Jacksonville has unofficially taken a position that they are going to challenge the County’s Consumptive Use Permit under consideration by the St. Johns River Water Management District for the reclaim augmentation program.  If the Resolution passes, she wants to give the Board the time line as to how this will play out.  She reviewed the time line and said the entire process is four to six months.

     Chairman Carey said she has the letter that Dr. Cirello drafted earlier.  She will fax that to the Mayor of Jacksonville tonight.  She will request they come here for a meeting on March 6 in order to head off any type of legal action.  She hopes they can work things out before they file the claim.

ITEMS FOR FUTURE AGENDA - CITIZENS

     Beth Barefoot, 903 Golf Valley Drive, speaking on behalf of a tennis team at Sanlando Park, addressed the Board to discuss concerns about recent changes in the fees and tennis pro contracts.  Her written statement was received and filed.  She discussed the possible impact the new rate increases can have on just one team at the park.  She said there is a possibility of a 259% increase of fees for just her team.  She feels the changes have forced them to look into certain management processes.  They have a series of questions they would like to have some answers to so they can determine where to go from here with their patronage.  She asked Ms. Coto to answer some six questions she posed.  She urged the Board to stop the obvious disconnect that is currently occurring between the parks, County management, and the tennis patrons and taxpayers.

     Chairman Carey asked Ms. Barefoot to leave her documents for the Board to review.

     Ms. Barefoot stated they started paying new fees in October, 2007, but their budget was on last year’s fees.  She said the fees are now priced higher than most local country clubs.  Because of the rate increase, 90% of the ladies will not be able to play.

     Chairman Carey asked the Leisure Services Director to address some of the questions and speak to some of the issues they discussed when he talked about raising the rates.

     Ms. Barefoot displayed charts (copies received and filed) of the Registration Summary Report for 2007 and 2008 showing the class participation.  She also showed charts (copies received and filed) of the tennis ball sales for 2007 and 2008.

     Ms. Coto reviewed that in July staff talked about evaluating all their fees.  The Board directed them to do so.  Staff brought to the Board in October that it had been 16 to 18 years before they had any increase in fees.  She said also staff was concerned about the lack of regulation relating to those pros using the County facilities.  A lot of individuals were paying a minimum amount of money running their business but using County facilities.  They talked about the need to get a better business model regarding the parks.

     Joe Abel, Leisure Services Director, addressed the Board to state staff did a survey of 20 agencies, all the cities and surrounding counties.  He said Seminole County’s fees for tennis had not increased since 1992.  The fees are an average of what the survey showed.  Those were public agencies surveyed.

     Chairman Carey asked Mr. Abel to recirculate the fees staff researched as part of the agenda item.

     Mr. Abel reviewed the scholarship issue that staff was looking at modeling their guidelines around the school free or reduced lunch program.  They were also looking at ways not for the County to arbitrarily lose money and wanted to allow the community to get involved to help pay into the scholarship program.  They are also looking at opportunities for volunteer community service for either the student or the student’s family to give back what the costs would be to waive fees, so that the County was not just giving something away.

     Chairman Carey asked Mr. Abel to discuss what the procedures are for qualifying for the head pro positions.

     Clerk of Court Maryanne Morse left the meeting at this time.

     Chairman Carey said Mr. Abel is offering head pro positions to persons who still don’t have the P1 Certificate, and that concerns her.

     Upon inquiry by Commissioner Dallari, Mr. Abel said the testing for the certificate is offered in Florida on a monthly basis.

     Commissioner Henley advised the public that the Board can set policy but they do not hire people and have no authority to hire other than the County Attorney and County Manager.  He thinks the process is good, but getting into it might be difficult because of the timing. 

     Chairman Carey said now they are in the middle of the season and hiring people as head pros who don’t have the certificate in hand and after 60 days they are going to be terminated if they don’t have it.  She thinks the timing is not right.

     Commissioner McLean stated it appears the end of April time frame is one that is pretty consistent. 

     Upon inquiry by Commissioner McLean, Mr. Abel said the applicants for the head pro positions have already taken the tests and the results should be back within the next four to six weeks.  By May 1, this should be resolved.

     Upon inquiry by Mr. McMillan, Mr. Abel said the contracts for the head pro positions are being executed and people are relocating.  There is an addendum in the contract that says if the person doesn’t produce the certificate, he/she will be terminated.

     Commissioner Dallari said he thinks there needs to be a transition period.  The person hired needs to have a certificate in hand or do not sign the contract.  Discussion continued.

     Commissioner McLean said he recalls they had the discussion that no one really knows how the market will react to a set of circumstances.  He thinks staff was going to bring that information back to the Board and see how the market is reacting.

     Chairman Carey asked Ms. Barefoot to submit the information to the Clerk to forward it to the Commissioners and they will look at the fees for separate action.  The question is how does the Board want to handle the contracts.

     Commissioner Henley said he understand the pressure Mr. Abel is under to keep the program going.  He is trying to implement new policies and procedures and it may be that they need to adjust the ending date or let the current people work until the season ending time and then cut them if they haven’t met the requirement.  They probably need to look at what would be the best date to accomplish that; maybe it’s the end of April.  Discussion continued.

     Chairman Carey said if they went to the end of April, which would give 60 days for the applicants to get the certification needed.

     Commissioner McLean asked if there was a way to incorporate what the Board is trying to do and move the contract date to May 1.

     Mr. Abel stated staff has negotiated in good faith the March 1 contract date and he would have to go to 26 to 27 professionals and tell them they now have to move back to May 1 and the contracts they applied for are no longer valid.  He said he does not want to be a part of that.

     Chairman Carey said the Board will let Mr. Abel and Ms. Coto meet together and come up with a recommendation to the Board.  They will meet with each Commissioner this week before March 1, 2008 and see what the direction is.  She said she is hearing a consensus to not do this in the middle of the season and wait until May 1.

     Ms. Coto said her concern is the same as Mr. Abel’s that the County has tendered offers to individuals.  She understands there are two individuals that this all surrounds.  There are two out of 27 who have taken issue with this approach.  They are talking about amending an entire process for one individual.  She has concern about putting into jeopardy those they have in good faith made offers to.

     Chairman Carey stated where she takes exception to what happened is that Mr. Abel should have had in hand the certificate before offering a position.  She has concern over that part of the process. 

     Commissioner Henley stated the County employs them contingent upon the people getting the certificates.  That’s what the school system does.  It is not an unusual situation to do that.  He said Mr. Abel has a safe guard in the contract.  He has difficulty with the Board sitting and trying to extend something because an individual turned down something offered.  The fact the Board extends the contract date does not mean that is going to solve the problem for the one individual.  If that were to happen, he would not oppose letting that individual finish the season.  He said he doesn’t feel comfortable telling staff what to do.

     Mr. McMillan said Mr. Abel has delegated authority to award these contracts.  He said he’s as nervous as Ms. Coto that the County has tendered these offers and now we tell them their contracts are cancelled.  He advised Chairman Carey that the delegation of authority has been in place for 20 years.  The Library and Leisure Services Director always had the authority.  The tennis pro agreements never came to the Board.

     Commissioner McLean said he’s concerned about the ramifications that the County has extended these offers.  They have some teeth in the fact that if it doesn’t happen, and all the parties understand, then they will move on.  He thinks the County is committed to that. 

     Chairman Carey asked for the consensus of the Board to move forward with the contracts as presented and do not extend them until the end of April.

     Commissioners McLean and Henley said to remain as is.

     Commissioner Dallari said he has difficulty with that because they don’t have a lot of information. 

     Commissioner Van Der Weide said he will to go along with it based on the idea they have people who want to continue to play tennis and they have to work out the details.  He appreciates the fact they have a program that has some teeth into it.  He said he will have to stick with what they have.

     Chairman Carey stated the Board will take up the rate issue after they see the information provided.

     Kristine Dionne, 2437 Ashton Oaks Cove, addressed the Board to speak about the head pro at Sanlando, Ms. Green, who did not pass the test.  She referred to interview notes for the other person who got the job.  She said she is all for a process as long as the process works.

     Chairman Carey asked those in the audience to understand what the Board proposes to do; to understand the Commissioners have their hands tied on this issue because of the County Charter.  They cannot tell the Library and Leisure Services Director who to hire or what to do.

     Mr. McMillan said, normally, the Board has a process for protests on contracts.  Normally, the contractor protests and not the customers, and there is a process for that. 

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     Robert King, 2211 Black Hammock, addressed the Board to state it has been two weeks since he was before the Board.  He said the situation he has at his house is unacceptable.  He has tried to impress that every time he has spoken.  This weekend was particularly bad.  The noise level was at hearing level damage.  The Sheriff came and after he left the noise began again.  He said the discussion is going to have to be serious and they have to figure out what they are going to have to do.  It’s very clear that something is broken and needs to be fixed.  It is reaching the point where they can only leave their home so much before they can no longer have it as their home.  He asked if any progress is being made.

     The Board responded that they have not heard from the Sheriff. 

     Chairman Carey advised Mr. King that the Deputy Sheriff’s direction comes from the Sheriff and the Board has no jurisdiction over him.  She knows that Commissioner Henley wrote a letter and she imagines the Sheriff will respond to him or to the County Manager.  She asked Ms. Coto to follow up with the Sheriff on that.

     Mr. McMillan stated he has not heard anything from the Sheriff.  He said the Noise Ordinance has always been an issue one way or another.  The problem is if there is no noise when the Sheriff goes out, it is difficult to enforce.

     Mr. King said they are not allowed to hire an off-duty police officer to look at what’s going on.

     Whereupon, Chairman Carey said she doesn’t thing anybody can tell him who he can and can’t hire.  She said there are other experts that he can hire. 

     Mr. King asked when he has that information, where does that change anything.  His question is do they have a Noise Ordinance on the books that is not being enforced.

     Chairman Carey suggested he call the Sheriff directly and have a one-on-one discussion with him.

     Mr. McMillan asked Mr. King if he had met with the other neighbors to consider hiring an attorney to bring litigation relative to a nuisance.

     Mr. King said he will contact the Sheriff and see where that goes.  He is not sure it is as simple an issue as seeing somebody and stopping them from making noise.  It is a very big problem that involves the County very much.  They have a non-conforming use in his neighborhood that has been allowed to get completely out of control.  He said the Sheriff’s Office defers to the P&Z permitting and says if they are going to let all this go on, then they’re not going to do anything about it.  He said he doesn’t know why they cannot get law enforcement to enforce the law that is already on the books.  He will start tomorrow morning with a call to the Sheriff.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:48 p.m., this same date.

 

ATTEST________________________Clerk_____________________Chairman

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