BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

FEBRUARY 28, 2006

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m. on Tuesday, February 28, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

 

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     Acting County Manager Don Fisher

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

 

     The Invocation was given by Pastor John Carnes, Sanford First Church of the Nazarene.

     Commissioner Dallari led the Pledge of Allegiance.

Awards and Presentations

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2006-R-31, as shown on page _______, honoring Victoria Brown-Smith for her contributions to the citizens of Seminole County. 

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

     Commissioner Van Der Weide presented the Resolution to Ms. Brown, along with family and friends, who expressed her thanks to the Commissioners for this wonderful gift given to her, and she thanked her family and friends for coming.  She honored those who have been part of her “push and pull” team in her life


and announced that a marker will be placed in Midway on Sipes Avenue on March 25, 2006.

     Ms. Smith presented a copy of her book, “MIDWAY-THE MIDPOINT, A Journey Into Yesterday,” to Acting County Manager Don Fisher, who accepted on behalf of the Board.

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     Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-32, as shown on page _______, proclaiming March 2006 as “Purchasing Month.”

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

     Commissioner Carey presented the Resolution to Ray Hooper, Purchasing Manager, along with the Purchasing staff.

     Mr. Hooper stated Purchasing Month is their opportunity to continue the awareness of the vital role of public purchasing in government.  He announced a vendor fair will be held on March 24, 2006, at 9:00 a.m. in BCC Chambers.

     Chairman Henley expressed his appreciation to the Board for presenting this Resolution to Mr. Hooper and staff.

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     DeeDee Schaffner, Seminole County School Board member, addressed the Board to give a PowerPoint presentation (copy received and filed) update on the Midway Safe Harbor Center.  Ms. Schaffner gave the history of the Center, reviewing its startup with CDBG funding for construction, the ground breaking, construction, and the various partners.  She stated they are getting ready to have their first anniversary.  She said the Center is a haven for children to go to after school and in the summer. 

     Sheriff Don Eslinger addressed the Board to review the Sheriff’s Office contribution to the Center.  He acknowledged the efforts of Ms. Schaffner to build this coalition and said if it were not for her vision and determination, this would not be a reality today.  He stated for a number of years the Midway area has suffered large numbers of crimes and they recognize that crime is a symptom of a greater problem.  This was an opportunity for them to invest in the future.  He also acknowledged the help of the Weed & Seed Program administered by Mike Weaver.  He stated that so far in 2005, crime has been reduced by over 6%.  Sheriff Eslinger further acknowledged the efforts of Deputy Walters, Sheriff’s Office, at the Center.

     Pat Cucci, School Board, continued with review of the opportunities for learning at the Center on health and wellness, sports and recreation, meals, volunteers, community meetings, classes, adult technology and computer literacy, attendance and individuals served, and cost breakdown for services.  He announced that the Midway Heritage Festival Celebration and Midway Safe Harbor 1st Anniversary will be held on March 25, 2006.

     Rev. Frank Williams addressed the Board to speak on behalf of the people of Midway, stating they totally validate the existence of the Midway Safe Harbor Center.  He expressed appreciation to Sheriff Eslinger for his efforts in reducing crime in the area.  He said the Center has gone so far beyond the youth to young adults and now to the seniors in providing services to the entire community.  Rev. Williams said they are very grateful for the leadership of Pat Cucci.

     Ms. Schaffner asked the partners in attendance to stand; and she expressed thanks to the Board for their support of the Midway Safe Harbor Center.

     Chairman Henley thanked Ms. Schaffner on behalf of the Board for her tenacity in trying to bring this into fruition.  He reviewed the efforts of the BCC for funding thousands of dollars in Midway community over the several years.  He said the conditions there did not occur overnight and will not be handled overnight.  He thanked again Ms. Schaffner and Mr. Cucci.

     Commissioner Morris stated it has come to his attention that the Board’s allocation of $25,000 to the YMCA needs to be reallocated so they can continue the Saturday program.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to reallocate the YMCA portion of the $25,000 that is still available to be used for the Midway Safe Harbor Center program.

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

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     Chairman Henley recessed the meeting at 10:25 a.m. and reconvened it at 10:35 a.m.

County Manager’s Consent Agenda

 

     Chairman Henley advised of updates to the agenda and additional Item #32A.

     Commissioners Van Der Weide and Morris discussed Item #30, regarding the County’s Incentive Grant Program Agreement for SR 434, with staff, Antwoine Coury and Pam Hastings.

     Commissioner Carey stated there are three different items that are substantial construction cost increases.  She has discussed with staff that if they don’t regularly update those cost estimates for the Capital Improvement Program, somewhere they are going to run out of money.

     Commissioner Morris discussed the increased amount for Item #14, BAR for $700,000, 2001 Infrastructure Sales Tax Fund.  He asked how much money is still left in the allocation of the 2001 Infrastructure Sales Tax; and said the Board needs to discuss what programs may have to be pushed back.  Discussion ensued.

     Commissioner Dallari questioned the starting time for Item #27, Special Priority Use Agreement with Spring Break Sports, Inc.  Whereupon, Director of Library Services, Suzy Goldman, addressed the Board to advise it will start in 2007.

     Commissioner Morris complimented Mr. Fisher on moving the contract forward for Item #23, Master Agreement for Program Management Services with CH2M Hill of Orlando, FL.

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

Community Services

Community Assistance

 4.  Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Michael H. and Kathleen M. Bayer; Nova M. Dodaro; Karen E. Prince; and John P. and Sara E. Skees.

 5.  Approve appointments of Art Woodruff and Debra Tosse to the Community Service Block Grant Advisory Board.

 

Economic Development

 6.  Authorize release of the Unicell Paper Mills Inc. Letter of Credit (#F701494) for $45,014.22.

 

Environmental Services

Business Office

 7.  Approve release of original Water and Sewer Maintenance Agreement and Letter of Credit (Bennington Development Inc., and SouthTrust Bank) in the amount of $8,523.00 for the project known as Bennington Subdivision.

Solid Waste Management

 8.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for RMD Americas of Florida, LLC.

 

Fiscal Services

Budget

 9.  Budget Amendment Resolution #2006-R-35, as shown on page _______, in the amount of $1,294,967; Public Works, 2001 Infrastructure Sales Tax Fund. To provide additional funding for the construction of a regional stormwater facility which will serve the south segment of the C-15/Monroe Road widening project and the Monroe Basin.  The lowest qualified bid for this project was $3,299,670 and is included on this meeting’s Purchasing Consent Agenda for Board approval.  Upon amendment, the adjusted project cost is approximately $5.5 million inclusive of a $334,920 contingency.  The project is anticipated to be completed November 2006.

10.  Budget Amendment Resolution #2006-R-36, as shown on page _______, in the amount of $150,000; Public Works, 2001 Infrastructure Sales Tax Fund.  To appropriate funding for the Howell Branch Road and Eastbrook – Mast Arms project, originally included in the tentative budget for FY 2006/07.  The mast arm is currently in stock and required project funding is $90,000.  Funding is available from the Wekiva Springs Road at East Lake Brantley – Mast Arms project, inadvertently funded as a separate project and as part of the Wekiva Springs RoadWekiva Springs Lane to Sabal Palm Dr. project.  The project is anticipated to be completed November 2006.

11.  Budget Amendment Resolution #2006-R-37, as shown on page _______, in the amount of $1,280,592; Public Works, 2001 Infrastructure Sales Tax Fund.  To provide additional funding for the construction of the Navy Canal/Cameron Ditch Regional Stormwater Facilities.  This project will improve the retention and quality of existing stormwater flows from Cameron Avenue South, Marquette Avenue and Beardall Avenue south of SR 46, existing property along the East Lake Mary Boulevard corridor and the existing Sanford Airport area.  The lowest qualified bid received for this project was $2,875,000 and is included on this meeting’s Purchasing Consent Agenda for Board approval.  This amendment provides additional funding required for the contract, $160,000 for Construction Engineering & Inspection and Geotechnical Services, as well as a $330,000 contingency.  Upon amendment, the adjusted project cost is approximately $3.8 million.  The project is anticipated to be completed October 2006.

12.  Budget Amendment Resolution #2006-R-38, as shown on page _______, in the amount of $26,850; Public Works, Stormwater Fund.  To appropriate funding for final close-out (change orders) for the Howell Creek Dam and Howell Creek Tributary NRCS projects.

13.  Budget Amendment Resolution #2006-R-39, as shown on page _______, in the amount of $600,000; Public Works, 2001 Infrastructure Sales Tax Fund.  To appropriate funding for a preliminary engineering study for the realignment of Oxford Road as approved at the Board January 24, 2006.  It is anticipated that the work order for the preliminary study will be issued early summer 2006.

14.  Budget Amendment Resolution #2006-R-40, as shown on page _______, in the amount of $700,000; Public Works, 2001 Infrastructure Sales Tax Fund.  To provide additional funding for construction of the Red Bug Lake Road at Tuskawilla Road Intersection Improvements project.  The lowest bid received for the project was $2,344,404, an increase of $674,358 over the consulting design engineer’s October 2005 estimated cost of $1,670,046.  The contract is included in this meeting’s Purchasing Consent Agenda for Board Approval.  Upon amendment, the adjusted total project cost is approximately $2.9 million inclusive of a $96,621 contingency.  The project is anticipated to be completed December 2006.

15.  Budget Amendment Resolution #2006-R-41, as shown on page _______, in the amount of $50,000; Community Services, General Fund.  To establish and appropriate private donation received by the County for the purpose of providing affordable housing.

Grants Administration

16.  Approve submittal of a grant application to the Florida Department of State, Library and Information Services, for the Library Services and Technology Act Grant Program; and authorize the Acting County Manager to execute supporting documents.

Purchasing

17.  Award CC-0349-06/DRR, as shown on page _______, Navy Canal/Cameron Ditch Stormwater Facilities to Prime Construction Group, Inc., Orlando ($2,875,003.00).

18.  Award CC-0376-05/TLR, as shown on page _______, Red Bug Lake Road and Tuskawilla Road Intersection Improvements, to Central Florida Environmental Corp., Longwood ($2,344,404.48).

19.  Award CC-0455-06/TLR, as shown on page _______, Elder Creek/CR-15 Stormwater Facility Project, to Prime Construction Group, Inc., Orlando ($3,299,670.00).

20.  Approve Change Order #1, as shown on page _______, to CC-1236-04/TLR, Yankee Lake Water Reclamation Facility Alternate West Disposal Site Effluent Disposal, with Schuller Contractors, Inc., Orlando ($26,700.00).

21.  Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1196-02/BJC – Dodd Road Expansion with the Middlesex Corporation, Orlando.

22.  Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1261A-05/TLR, Oak Park/Belle Meade Subdivision Wall, with CEM Enterprises, Inc.

23.  Approve the Agreement, as shown on page _______, for PS-5190-05/DRR-Master Agreement for Program Management Services with CH2M Hill of Orlando, FL (estimated at $3,000,000.00 per year).

24.  Approve Amendment #1, as shown on page _______, to Work Order #10, Palm Springs Drive Sidewalk Construction, PS-5165-04/AJR, Master Agreement for Continuing Professional Services for Public Works Minor Construction Projects under $1 Million, to Professional Engineering Consultants, Inc. of Orlando ($3,500.00).

25.  Approve Amendment #1, as shown on page ______, to Work Order #29, Lake Mary Boulevard Left Turn Lanes Extension Project, PS-5165-04/AJR, Master Agreement for Continuing Professional Services for Public Works Minor Construction Projects under $1 Million, to Keith and Schnars, PA, of Altamonte Springs ($1,423.00).

26.  Award IFB-3134-06/JVP, as shown on page _______, Term Contract for Demolition Services, to Global Demolition & Recycling, Inc., Orlando.

 

Library & Leisure Services

27.  Approve and authorize Chairman to execute Special Priority Use Agreement, as shown on page _______, with Spring Break Sports, Inc. regarding use of the tennis courts at Sanlando, Sylvan, and Red Bug Lake Parks.

 

Planning & Development

Development Review

28.  Authorize release of the Winding Cove Subdivision Road Maintenance Agreement and Irrevocable Letter of Credit for $21,000.00 (BankFIRST); and 24th Street Right of Way/Cedar Hill Road Maintenance Agreement and Letter of Credit for $7,140.30 (Regions Bank). 

 

Public Safety

EMS Performance Management

29.  Authorize Chairman to execute the Emergency Medical Services County Grant Application, as shown on page _______, Department of Health, Bureau of Emergency Medical Services.  

 

Public Works

Engineering

30.  Adopt Resolution #2006-R-42, as shown on page _______, authorizing Chairman to execute Amendment Number 1, as shown on page _______, to the County Incentive Grant Program Agreement with the Florida Department of Transportation to facilitate the State Road 434 Six Laning from Maitland Boulevard to State Road 436. 

31.  Adopt Resolution #2006-R-43, as shown on page _______, authorizing Chairman to execute the County Deeds, as shown on page _______, conveying property to the Florida Department of Transportation (FDOT) for improvements to State Road 46. 

Roads-Stormwater

32.  Accept and authorize recording in the Public Record of a Special Warranty Deed, as shown on page _______, from the Dovera Community Development District to Seminole County for a portion of the Bear Gully Canal. 

 

County Manager

32A. Confirm appointment of Steve Olson as Community Information Director.

 

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

 

County Attorney’s Consent Agenda

 

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

Litigation

33.  Approve proposed negotiated settlement relating to Parcel No. 151 on the Bunnell Road improvement project; W.L. Kirk, Jr. and J. Scott Kirk, both individually and as Co-Trustees of the Geraldine C. Kirk Revocable Trust.  The proposed settlement is at the total sum of $96,000.00 inclusive of all land value, severance damage, statutory interest, attorney’s fees, expert fees and cost of reimbursements.

Property Acquisition

34.  Approve and Chairman to execute Interlocal Agreement, a Subordination of Utility Interests and a Temporary Subordination of Utility Interests, as shown on page _______, relating to Parcel Nos. 119 and 716 of the Eden Park Avenue and Parcel No. 704 of the Bunnell Road improvement projects, City of Altamonte Springs.

 

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

 

Constitutional Officers Consent Agenda

 

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

Clerk’s Office

35.  Expenditure Approval Lists, as shown on page _______, dated January 30 & February 6, 2006; and Payroll Approval List, as shown on page _______, dated January 26, 2006.

36.  BCC Official Minutes dated January 24, 2006.

37.  Noted for information only the following Clerk’s “received and filed”:

 

 1.  Change Order #2, as shown on page _______, to Work Order #43 for CC-1212-03, Unipark Construction.

 

 2.  Work Order #24, as shown on page _______, to CC-1262-05, Schuller Contractors.

 

 3.  Work Order #27, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.

 

 4.  Work Order #3, as shown on page _______, to PS-5160-04, Camp Dresser & McKee, Inc.

 

 5.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $21,992.40 for Tuscany Island.

 

 6.  Maintenance Bond, as shown on page _______, in the amount of $17,438.79 for Rinehart Road Right-of-Way, The Market Place.

 

 7.  Memorandum to Ann Colby, Assistant County Attorney, from Al Schwarz, Assistant County Attorney, regarding Direct Pay Request, Lake Drive Phase I, Seminole County v. Elliott, et al.

 

 8.  Cash Maintenance Bond, as shown on page _______, in the amount of $11,973.98 for Traditions @ Alafaya.

 

 9.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $31,329.91 for Wilson Park.

 

10.  Term Contract IFB-3132-05, as shown on page _______, Cato Environmental Services, Inc.

 

11.  Recorded Amended Mortgage Deeds, as shown on page _______, for Jan Sanislow and Eunice Hardy.

 

12.  Work Order #21, as shown on page _______, to PS-5166-04, Bentley Architects & Engineers, Inc.

 

13.  Change Order #1, as shown on page _______, to Work Order #16 for CC-1262-05, Schuller Contractors, Inc.

 

14.  Work Orders #22 and #23, as shown on page _______, to CC-1262-05, JCB Construction, Inc.

 

15.  Change Order #4, as shown on page _______, to CC-1249-04, Southland Construction, Inc.

 

16.  Work Order #3, as shown on page _______, to RFP-4196-03, Paradise Advertising & Marketing.

 

17.  Work Order #21, as shown on page _______, to CC-1262-05, Central Florida Environmental.

 

18.  Change Order #2, as shown on page _______, to CC-1258-05, InterTech, Inc.

 

19.  First Amendment, as shown on page _______, to RFP-4253-05, Hinton Enterprises, Inc.

 

20.  Memorandum to BCC from Don Fisher, Acting County Manager, regarding Capital Project Fund Transfer in the amount of $200,000 for lift station upgrades.

 

21.  Work Order #65, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.

 

22.  Notice of hearing from the Florida Public Service Commission regarding Docket No. 060005-WS, Order establishing 2006 price index for water and wastewater utilities.

 

23.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer service with Willa Springs Office Park, Inc. and Oviedo Office Park for the projects known as Willa Springs Phase 2, Lot 5, and Skorman Professional Office.

 

24.  Letter of acceptance and Bill of Sale, as shown on page _______, for the project known as the Traditions @ Alafaya.

 

25.  Letter of acceptance, Bill of Sale and Warranty Deed, as shown on page _______, for Wilson Park.

 

26.  Development Orders, as shown on page _______, as follows:  Waiver for not fronting on a public right-of-way, Sandra Chapman, Property Owner; 1151 Needlewood Loop, Richard & Marcella Cameron; 2341 Blossomwood Drive, Carmen & Christine Jordan; 5025 Goldenrod Place, Glenda J. Haskell; 3250 Safe Harbor Lane, Tommy & Benita Castle; and Lots 9 and 10, Jackson Street, Cecil Allen Trustee.

 

27.  Work Order Payment Bond, as shown on page _______, for Work Order #22 to CC-1262-05, JCB Construction, Inc.

 

28.  Fourth Amendment, as shown on page _______, to RFP-4164-02, McCall Service, Inc.

 

29.  Litigation Consultant Services Agreement, as shown on page _______, with Lochrane Engineering, Inc.

 

30.  Satisfaction of Lien, as shown on page _______, for Janice T. Clark, Case No. 02-96-CEB, as approved by the BCC on Oct. 25, 2005.

 

31.  Work Order #37, as shown on page _______, to PS-5165-04, Metric Engineering, Inc.

 

32.  Work Order #5, as shown on page _______, to PS-5100-01, Transportation Engineering, Inc., D/B/A TEI.

 

33.  Change Order #1, as shown on page _______, to CC-1261-A-05, C.E.M. Enterprises.

 

34.  Work Order #20, as shown on page _______, to RFP-4214-04, Site Secure, Inc.

 

35.  Amendment #2, as shown on page _______, to Work Order #1 for PS-5159-04, CPH Engineers, Inc.

 

36.  Art Exhibition Agreement, “Art in Public Places,” as shown on page _______, executed on February 6, 2006, by Don Fisher, Acting County Manager.

 

37.  Work Order #3, as shown on page _______, to PS-5140-03, URS Corporation Southern.

 

38.  Change Order #1, as shown on page _______, to CC-1258-05, InterTech, Inc.

 

39.  Work Order #1, as shown on page _______, to M-0398-06, Alpine Software Corp.

 

40.  Work Orders #4, #5 and #6, as shown on page _______, to CC-1198-02, C.E.M. Enterprises, Inc.

 

41.  Work Order #30, as shown on page _______, to PS-5120-02, PBS&J.

 

42.  Sixteenth Amendment, as shown on page _______, to PS-332-96, Bowyer, Singleton & Associates, Inc.

 

43.  Seminole County Audit of Tangible Personal Property, Report No. 020906, as prepared by the Internal Audit Division of the Clerk of the Circuit Court.

 

44.  First Amendment, as shown on page _______, to PS-5140-03, URS Corporation.

 

45.  Bids as follows:  CC-0455-06; IFB-3133-06; and RFP-4264-05.

 

Sheriff’s Office

38.  Approve and authorize Chairman to execute a Budget Amendment Resolution #2006-R-44, as shown on page _______, in the amount of $11,846 for the Sheriff’s Office FY 05/06 budget for the Juvenile Enforcement Center (JEC) grant for services through June 2006. 

39.  Approve expenditure of $1,000 from the Law Enforcement Trust Fund in support of the Midway Safe Harbor Center’s initiative to build a small community park to serve the Center. 

40.  Approve expenditure of $14,000 from the Law Enforcement Trust Fund in support of “Project Graduation” to Seminole County high schools. 

41.  Approve expenditure of $200 from the Law Enforcement Trust Fund in support of Rock Lake Middle School’s “drug and alcohol free” graduation event. 

 

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

 

Regular Agenda

 

     Bill McDermott, Economic Development Director, addressed the Board to present request (continued from 2/14/06) to adopt a resolution recognizing Ruth’s Chris Steak House as a QTI and provide an appropriation of $60,000 as local participation in the QTI tax refund program.  He stated he thinks this is a good way to solidify the County’s relationship with this operation.  They will be constructing two buildings and the return on investment is approximately five months.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2006-R-45, as shown on page _______, recognizing Ruth’s Chris Steak House, Inc. as a qualified targeted industry (QTI) and provide an appropriation of $60,000 as local participation in the QTI tax refund program.

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

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     Gary Johnson, Public Works Director, addressed the Board to request approval and authorization for the Chairman to communicate the Board’s consensus to the Joint City/County Advisory Committee’s recommendation for Seminole County to assume mosquito control responsibilities countywide.

     Commissioner Carey stated it is important work that the cities and County have been doing and they have worked hard over the last year with difficult and serious issues in order to consolidate and better serve this community.  She said she reviewed the tape of the City of Lake Mary’s meeting and was very disturbed that they did not take this seriously.  If the County goes forward, she hopes the cities will take this seriously.

     Chairman Henley stated the County Commission has a joint meeting at 6:00 p.m. today with the Lake Mary City Commission to discuss a number of items and, hopefully, they will be able to reason together on this issue.  He said he thinks it is an important issue for all of Seminole County. 

     Commissioner Morris stated this is a request of the seven cities to ask the County to do all the heavy lifting.  The sarcasm in the Lake Mary meeting room last night was very disturbing.  If this is not adopted by all seven jurisdictions, it is not going to be nearly as successful.  He thinks the lack of seriousness already taken indicates they may have some long-term problems with the other issues coming up.

     Chairman Henley stated he is sure it is going to be a challenge, but that won’t deter them.  He thinks they need to persevere on this course.  He thinks the beneficiaries are going to be the citizens of Seminole County and the lack of interest should not deter them from moving forward.

     Kim Ornberg, Roads-Stormwater, addressed the Board to present the recommendations and findings (copy received and filed) of the Stormwater Technical Subcommittee as presented to the Joint City/County Advisory Committee. 

     Commissioner Carey asked if there was any discussion about the amount the cities are currently contributing to their programs to help finance this effort.

     Chairman Henley said the main intent was that the BCC take over the heavy load and that the BCC would pay for it.  He said the County has the option, however, as to how they do that.  He said the important thing is not how it is paid for, but that they get a coordinated effort countywide.  They can worry about how to fund it at the appropriate time.

     Commissioner Dallari thanked staff for presenting this to the Board and said he thinks the Advisory Committee is on the right track.  He thinks they need to work it out to consolidate their efforts.  He agrees they can figure out the cost at a later date.

     Commissioner Morris stated two important points to consider is if the cities indicate they want to move further and they have the need or necessity that when the mayor gets a call, he can send a truck out.  The idea is if the cities want to continue to do that, they can still do it.  The other concern is the bizarre perspective of aerial over-flights.  He discussed the couple times the County has done the aerial over-flights was on the border line of emergency health situations.

     Commissioner Van Der Weide stated he questions what the public is going to be willing to pay.  Also, he asked how much authority does the Advisory Committee have and will they out vote the County.

     Chairman Henley said the Committee does not have veto power.  It was an idea of attempting to allow the cities to still have a part to play and have input into the program.

     Commissioner Van Der Weide said from watching the video, he agrees that some cities have to have a program on their own.  Discussion continued.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to communicate the Board’s consensus to the Joint City/County Advisory Committee’s recommendation for Seminole County to assume mosquito control responsibilities countywide.

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

     Commissioner Carey expressed thanks to all the people who serve on the Advisory Board and said she hopes all the elected officials will take this work very seriously.

     Chairman Henley said Commissioner Morris needs to be commended for the job he is doing on behalf of the Board.  He expressed thanks to Ms. Ornberg and Mr. Johnson and the other members of the committee. 

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     Tony Walter, Planning Manager, addressed the Board to present the request for approval of the Final Master Plan and authorization for the Chairman to execute the Developer’s Commitment Agreement for SR 46/Lake Forest PUD, consisting of approximately 42.55 acres located on the north side of SR 46, across from International Parkway.  He said staff has two additions to the Developer’s Commitment Agreement and the applicant concurs with the additions.  The two conditions are so they are consistent throughout with the townhome developments in the County.  The first condition is adding that parking of recreational vehicles and/or boats on trailers would be prohibited within the development.  The second condition is that where sidewalks are installed, the front building setback should be no less than 20 feet from the nearest edge of the sidewalk to ensure that there is enough room in the driveway to park a car.  Sidewalks also shall be provided adjacent to all dwelling units and crosswalks shall be designed to establish continuous pedestrian access to all parts of the development.  Mr. Walter said since approval of the preliminary subdivision plan, the applicant worked with the Army Corp of Engineers and the master plan has changed from what the Planning & Zoning Commission (P&Z) saw in November.  If this is approved, a revised preliminary subdivision plan would have to go back to the Planning & Zoning Commission.  The applicant has agreed and staff concurs that when the applicant submits the final engineering plans to staff and the Water Management District, he will also submit that to the neighborhood.  He said staff is recommending approval of the Final Master Plan and authorizing the Chairman to execute the Developer’s Commitment Agreement, including the two additional requirements.

     Hugh Harling, representing the applicant, addressed the Board to state they concur with the additional conditions.  He said they were not aware the Preliminary Subdivision Plan (PSP) that went in front of the P&Z had two more units.  They assumed that the BCC in approving the Final Master Plan would be approving the final PSP also, so they would not have to take it back before the P&Z.  The changes were basically those of the Corp of Engineers to increase the buffer, increase the wildlife corridor across the top and these were non-substantial changes that made the project better, in his opinion.  He advised Chairman Henley that these changes were not in effect when they were before the P&Z.

     Chairman Henley acknowledged for the record receipt of a letter from Mr. Bates who is requesting two weeks delay on this.

It appears they want to see the final engineering.

     Mr. Harling said he is not at that stage yet.  He said he committed that when they submit the final plans to the County and the St. Johns River Water Management District, they will submit the plans to Mr. Bates also and will incorporate their comments into the final plans.  He advised the final engineering plans should be completed within the next 90 days.  He also advised that two weeks from now they will not be any further along in the process.

     Upon inquiry by Commissioner Carey, Mr. Harling stated he will also submit another set of the plans to the County so they can send them to the Lake Forest Homeowners Association.

     Commissioner Carey discussed with Mr. McMillan if this needs to go back before the P&Z because the plans now look differently than the original plans.  Discussion ensued.

     Mr. Fisher said the determination of whether this is a substantial deviation to the original preliminary master plan is left up to the Planning & Development Director.  His recommendation would be that as long as the Final Master Plan is not substantially different in terms of the dwelling units and density that was approved at that time, and if the BCC concurs that this master plan was compliant, to him that would be sufficient enough that this would not need to go back before the P&Z and the BCC can determine it to be compliant.

     Commissioner Carey stated the actual site plan has two units less than the Developer’s Commitment Agreement.  It looks different, but from the actual density, it is less.

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the Final Master Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for SR 46/Lake Forest PUD, consisting of approximately 42.55 acres and located on the north side of SR 46, across from International Parkway, Robert Hattaway, based on staff findings and including the two additional items in the Developer’s Commitment Agreement identified by staff.

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

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     Dave Medley, Community Assistance Manager, addressed the Board to present request for award of a lease to Intervention Services to operate a Transitional Living facility at the Children’s Village, and authorize the Chairman to execute the lease. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve award of a lease to Intervention Services to operate a Transitional Living facility at the Children’s Village, and authorize the Chairman to execute the Lease, as shown on page _______.

     Under discussion, Commissioner Dallari questioned needing a zoning variance.  Mr. Medley confirmed they are seeking approval for a special exception for the property.

     Commissioner Dallari asked if Commissioner Morris could make his motion for approval based on the special exception being approved.  Whereupon, Commissioner Morris stated the Board can stipulate they understand that, but the Board cannot make that a condition of approval.

     Upon inquiry by Commissioner Carey on the age group of 16-21 versus 18-23, Susan Becker, Executive Director of Transitional Living, addressed the Board to answer the only 16-year-olds that would be eligible for the program would be if they were court-approved to live independently.  The 21 to 23-year-olds would be served in a larger program in the community.  They did not plan for this age group to live in this facility.

     Commissioner Carey corrected the record that this facility would be for 16 to 21-year-olds.

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

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     Chairman Henley advised he will adjust the agenda and take Item #47, Library Services Survey, at this time and take up Item #46, Land Development Code Update, in the afternoon session.

County Manager’s Briefing

     Suzy Goldman, Library & Leisure Services Director, addressed the Board to introduce Bruce Barcelo, Consultant, to present the summary results of the Benchmark Survey regarding Library Development Issues.

     Mr. Barcelo addressed the Board to give a PowerPoint presentation (Memorandum of summary results received and filed in staff report) of the survey results.  He noted that at this point the public is not interested in paying more for their library system.  He said that passing a referendum would require public information from the County, new information, and persuasion information to the public.  He advised the Board he does not think the public will pass this on a General Election ballot.  If a Special Election were held and the County people could rallied sufficient people, the County might be able to pass it that way.  Discussion ensued.

     Chairman Henley thanked Mr. Barcelo for being willing to work with the County.  He believes this to be very helpful information for the Board.

     Chairman Henley noted he believes all the Board received the letter from Dr. McGhee, SCC President, and just prior to this meeting, he received a letter from Dr. Hitt, UCF, expressing their interest in a tri-lateral partnership.  He also met with Dr. McGhee and four or five other supporters and he listed for her a number of questions he thought the Board might want to know.  He indicated the Board might want to schedule a meeting with her and Dr. Hitt to go into details as to how this might work if the Board wishes to pursue it.

     Commissioner Carey said she would like to have staff go back now and look at things that came out as a result of the survey, like what would happen if the hours were increased, changed to the weekends, etc.  She said if they had the ability to expand the existing facilities, the joint venture opportunities with SCC and UCF and look at that from a different point of view now that they have all this information.  Then have staff come back again with some cost information and other recommendations. 

     Chairman Henley stated he met with Ms. Goldman about three or four weeks ago exploring avenues to enhance services and asked her to work on the mail program which she felt would take away the crunch at the desk.  He said there are various options that need to be reviewed. 

     Commissioner Dallari stated he would be in favor of meeting with SCC and UCF to try to expand some type of partnership.  He also would like to ask staff to look at the letter from the City of Oviedo to see about additional partnerships in order to try to reduce the tax break.

     Chairman Henley stated he would address that letter this afternoon.  He asked if the Board wished to schedule a time to sit down and explore this request with Dr. McGhee.  He advised she is requesting $10 million from the BCC. 

     Dr. Anne McGhee, SCC President, addressed the Board to state she and Dr. Hitt expect that starting July 1, there will be a $27.5 million revenue stream that will come to them to build the joint use facility that includes an enhanced library.  The request to the Board is for $10 million.  The State guidelines say the money has to be in hand with the community college by the end of January of a fiscal year, to be submitted February 1 for match with the State.  It would come to the college starting July 1. 

     Commissioner Van Der Weide said assuming the Board went along with some sort of modified proposal, one thing that comes to mind immediately when you go on campus at SCC is that there is no place to park.  He said if they are going to have a library that all the citizens are going to participate in, they are not going to get a sticker on their windshield and will want to park close to the library like they do now.  He asked how will those issues be addressed. 

     Dr. McGhee stated they know that is one of the issues they have to work out.  She introduced the representative from UCF, Dr. Staley (phonetic), who is working with SCC.

     Chairman Henley asked if she could put together a packet telling how she is proposing to work out the parking issue and get that to the BCC prior to the joint meeting.  Mr. Fisher will work out a meeting that is convenient for everyone.

     Dr. McGhee stated she will work with UCF and County staffs and come back with answers to the County.

     Commissioner Morris said it would be important to have a complete list of approaches.

     Chairman Henley said he thinks the results of the survey causes them to look in a different direction.  He requested Mr. Fisher to handle scheduling the joint meeting.

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     The Board discussed when to take up Item #46, Land Development Code Update, and Chairman Henley advised the Board will hear it this afternoon if the consultant can be in attendance.

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     Chairman Henley recessed the meeting at 12:17 p.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session. 

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

REQUEST FOR LAND USE AMENDMENT & REZONE

FROM R-5 TO R-3/Jim & Mike Hattaway

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Large Scale Land Use Amendment from Rural-5 to Rural-3 and Rezone from Rural-5 to Rural-3 on approximately 46.25 acres located on the north side of Lake Harney Road, approximately 800 feet west of Harney Heights Road, Jim & Mike Hattaway, received and filed. 

     Assistant Planning Manager, April Boswell, addressed the Board to present the request as outlined in the agenda memorandum, stating currently the property is a wholesale nursery with a CUP permitted by the St. Johns River Water Management District for 30.55 million gallons a day.  Approximately 40% of that CUP was used in 2004.  She said the applicant is proposing 12 dwelling units each on the 3 ten-acre lots.  She advised the staff recommends denial of the request based on staff findings as follows:  The subject property is located in the Rural Area of the County, which was established in 1991, following completion of the East Seminole County Rural Area Plan.  The DCA recommended prior to the 1991 plan, that rural densities be no greater than one dwelling unit per five acres, one dwelling unit per ten acres, and one dwelling unit per twenty acres be permitted in the Rural Area.  The 1991 study created a Rural Land Use Series of Rural 3 (1 residential dwelling unit per 3 acres), Rural-5 (1 residential dwelling unit per 5 acres), and Rural-10 (1 residential dwelling unit per 10 acres) which was adopted into the Comp Plan.  To the east of the subject property, there are two platted subdivisions with parcels smaller than five acres in size, however, these were platted in 1957 and 1961 before zoning and land use existed in the County.  She said these types of plats were accounted for in the 1991 study and are recognized in the Comp Plan as properties that were legal lots of record (created prior to 1991) and, therefore, may be built upon, provided all other land development regulations are met.  The north 39.93 acres of the property were originally part of a larger plat created in 1914.  The original plat shows that the parcel was assembled from smaller lots and was approximately 10 acres each.  The tax rolls indicated that these four lots were combined by 1965 and now has one parcel ID number.  Property north of the 39.93 acre parcel was also part of the 1914 tract as five existing platted lots comprising 44.24 acres.  These lots were reconfigured in 2005 and range from 6.67 acres to 12.23 acres each.  She displayed a map of the Rural Area and pointed out the Rural-3 Area and the Rural-5 Area, stating the Comp Plan does not anticipate a land use other than the Rural-5 designation for this property and the area is not identified as transitional.  Copies of e-mails and letters regarding this request were received and filed. 

     At the request of District Commissioner Morris, County Attorney, Robert McMillan, clarified for the audience that the applicant has a legal right to apply for a land use and zoning change and to go through the process. 

     Attorney Jim Hattaway, applicant, representing the property owner (David Ciener), addressed the Board to state he believes this application is a matter of fundamental fairness because they are asking only to do what the immediately surrounding neighborhood is doing.  He said they are asking to go from one rural land use to another rural land use.  He described the subject property, advising Mr. Ciener has owned the property for 30 years.  He cited the County’s Vision 2020 Comprehensive Plan, which states, “The 1991 update of East County land uses was necessary to protect this area’s rural character and to prevent urban sprawl.  This update involved extensive redesignation of rural lands from maximum densities of one home per acre to one home per 3, 5 and 10 acres, respectively.  The 1991 East County update also provided the rural clustering of homes to preserve open space, rural roadway corridor overlay zoning districts to preserve rural character, primacy status for agriculture lands to enable their preservation, infrastructure and service standards tailored for rural areas, and specific growth management guidelines for Black Hammock, Geneva and Chuluota.”  He said the Plan Amendment created the set of rural future land use designations (Rural-3, Rural-5 & Rural-10).  He referred to Policy DES 6.2 (Design Principles) of the Comp Plan, pointing out that it is stated that rural areas should be managed for perpetuation of natural and agrarian landscapes with  minimum lots of three acres and limited commercial in village settings.  He reviewed the Issue FLU 11 of the Comp Plan (Protection of Rural Areas).  He summarized that the Comp Plan stipulates that the three rural land use designations should work in harmony to maintain the rural character and lifestyle; and not only does their request preserve and protect the quality of the rural lifestyle, but also encourages larger areas to be left natural.  He displayed two large plat maps (received & filed) of the subject property and the surrounding area, advising the maps showing properties shaded in blue and green indicate homestead lots.  He said they have determined that 72% of the lots within a half mile of the property are less than five acres and of the 72%, 56% of those are less than three acres.   He further said that going a mile from the subject property, 71% of the properties are smaller than five acres and of that 71%, 54% are smaller than three acres.  He stated they are only asking to do what the majority of the property owners in the area are doing and their request is an attempt to come into conformity with what is already in the area.  He also stated that the lots shaded in green are property owners who are in support of their request.  He said that the trend of development has already been set and, therefore, this request will not set a precedent.  He referred to the definition of “trend of development” as outlined in the plan (copy received & filed).  He referred to a publication (received & filed) entitled, Rural By Design, written by Randall Arendt, and stated that as the color-coded green map shows, their project is infill.  Infill is something that is encouraged and he read an excerpt regarding “infill development as pattern enhancer” from the publication.  He said if one wants to maintain a rural character, then infill is a good way to meet that goal. 

     Mr. Hattaway continued his presentation by discussing the “Geneva Lens” and said the current Consumptive Use Permit (CUP) allows 30.55 million gallons of water a day.  He displayed a table (received & filed) of the County’s Environmental Services water capacity factors, showing a single-family dwelling unit uses 350 gpd.  He said the Comp Plan charges the County to protect the groundwater system in the rural area and, if this request is approved, the 30.55 million gpd CUP will go away.  He concluded that in approving this request the Board will be protecting the “Geneva Lens” and benefiting the surrounding area.  Mr. Hattaway asked for the Board’s approval of their application and summarized reiterating that the change in land use and zoning is in keeping with the trend in the area and meets the requirements of the Comp Plan. 

     Chairman Henley stated it seems Mr. Hattaway is basing his entire argument on the precedent that was already there, predating the 1991 study. 

     Mr. Hattaway submitted for the Record copies of petitions in support of the requested land use and zoning change. 

     Tracey Whiting, 240 First Street, addressed the Board to advise she has been a resident in Geneva for 8 years.  She stated that after much research, she chose to live there because Seminole County has the best schools in the State, there are 2 international airports, and because of the rural area restrictions.  She requested the Board to continue to support the Comp Plan and the rural area by denying this land change.  She submitted for the Record an original Petition, as shown on page _______, with 343 signatures (area residents) in opposition to the rezoning. 

     Cindy Simonton, Geneva resident, addressed the Board to submit 60 additional Petitions, as shown on page _______, in opposition to the rezoning.  She also submitted a map (received & filed) showing parcels colored in red of those that signed the petitions.  She stated that she is representing the Geneva Historical Society and would ask the Board to deny the request before them.  Copy of letter from Ms. Simonton and copy of pictures of the subject property were received and filed. 

     Richard Creedon, representing the Geneva Citizens Association, addressed the Board to read a written statement (received and filed), stating since this property meets none of the standards that define appropriateness of Rural 3 zoning, he urged the Board to deny the application.  Copy of a small map showing the rural area, including the subject property and the Rural-3 zoning area, was received and filed. 

    Mary Jo Martin, 1450 Lake Harney Road, addressed the Board to advise she is representing the Geneva Historical Society.  She discussed fairness, stating fairness is just to all parties in accordance to the rules.  She questioned if it is fair (if the request is approved) to those property owners since 1991 who followed the Comp Plan and developed only 5+ acre parcels and to those larger landowners on the north, west and south sides of the Ciener property.  She also questioned if it is fair to the 60% of voters who approved the Charter Amendment in 2004 to keep the rural areas zoned Rural-5.  She stated that she believes the trend of the last 15 years is the trend that matters and that trend is definitely not toward smaller lots, but toward larger parcels of land.  She advised that within ¼ mile of the subject property, 65% of the acreage is in properties five acres or larger and within 1 mile, it is 75% of the acreage that is 5 acres or larger.  She concluded by stating that if Mr. Ciener is allowed to set the precedent with Rural-3 zoning, then it must be legally “fair” for others adjacent to his land to have Rural-3 zoning.  Copy of Ms. Martin’s presentation was received and filed. 

    Marie Tatman, 1011 Seneca Oak Trail, addressed the Board to discuss “infill”, stating according to the Comp Plan, infill development areas are vacant lands located in highly developed urbanized areas characterized by existing central water and sewer service and surrounded by non-residential development.  She said in the Comp Plan the term “infill” is used 20 times and in every instance, the term refers to urban areas only.  She said the only transitional areas are at the edges of the Chuluota and Black Hammock.  She displayed a pie chart (copy received & filed) showing that 1.19% of Seminole County is designated as 3-acre lots and none are in the Geneva area.  In closing, she requested the Board consider the needs of the County and not the wishes of one individual.  Copy of Ms. Tatman’s presentation was received and filed. 

    Carl Falconer, 1205 N. Hart Road, addressed the Board to read a statement outlining his concerns regarding the water resources and the “Geneva Lens”.  Copy of statement and information booklet regarding same was received and filed. 

    Deborah Schafer, 1740 Brumley Road, addressed the Board to submit for the Record a booklet entitled, Preserving and Protecting Rural Land and Lifestyles, outlining some of the history of preserving this area.  She pointed out that with regard to the “grandfathering” issue, there are many obscure lots in this area and if this is approved, then the Board must let all other others be approved. 

    Mr. Creedon asked anyone in opposition to the requested land use and zoning change to stand to indicate so.  Whereupon, approximately 50 people stood indicating their opposition. 

      Jim Logue, 3205 Elm Street, addressed the Board to advise he lives in the Black Hammock and supports the residents who are in opposition to the requested rezoning. 

    Mike McKenna, 685 Bonitawood Court, addressed the Board to state all of this fight is over two more home sites, because currently the applicant can put in 10 homes.  He added that the taxes have not been paid on the property for the last two years.  Whereupon, Commissioner Morris clarified that the applicant can only put in 9 homes. 

    Bette Jones, 591 Lake Geneva Road, addressed the Board to express her concern about adding two more cars per lot on a dangerous road. 

    Thomas King, 1424 Chippena Lane, representing Seminole Woods Homeowners Association, addressed the Board to advise Seminole Woods consists of five acres or more homesites and they object to the requested rezoning. 

    Nancy Harmon, 152 Pioneer Way, addressed the Board to speak in opposition, stating the people that are presenting this request have no understanding of the people that live in this area of Seminole County.  She requested the Board deny the rezoning. 

    Christopher Stapleton, 1255 Saratoga Lane, addressed the Board to advise he is opposed to the request. 

    Larry Braddy, Geneva resident, addressed the Board to advise he represents four generations who have lived in this rural area of Seminole County.   He said he is appalled by the fact that the P&Z Commission recommended approval of this land change.  He further said that if the Board votes for this project, they are beating democracy with an ugly stick.  He added that if this project is approved, he will be coming to the Board to ask for the same approval on his land. 

    Jim Hattaway made his rebuttal comments, stating his family has also lived in Seminole County for a long time and he does know what is going on in the County.  He said he has not heard anything which would justify denying his application.  He added there is nothing in the Comp Plan that says he cannot build in the rural area, but there are plenty of examples why they can.  He submitted for the Record a list of parcels within a mile of the subject property showing that 71% are smaller than 5 acres and 54% are smaller than 3 acres. 

    No one else spoke in support or in opposition.  

    Speaker Request Forms and Written Comment Forms were received and filed.  Large map of the Future Land Use for the area in question was received and filed. 

    District Commissioner Morris clarified this is not a rezoning hearing, but a Comp Plan amendment hearing which holds a higher standard.  The requested Rural-5 to Rural-3 change is a down-zoning. 

    Motion by Commissioner Morris, seconded by Commissioner Carey to deny request for a Large Scale Land Use Amendment from Rural-5 to Rural-3 and Rezone from A-5 to A-3 on approximately 46.25 acres located on the north side of Lake Harney Road, approximately 800 feet west of Harney Heights Road, as described in the proof of publication, based on staff findings, Jim & Mike Hattaway. 

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

COUNTY MANAGER’S BRIEFING/Continued

    Planner, Jeff Hopper, addressed the Board to advise the County’s consultant, Lee Einsweiler from Duncan Associates is in attendance to give the Board a status report on the Land Development Code Update. 

    Lee Einsweiler addressed the Board to review some of the proposals with regard to the Land Development Code.  Copies of Module 2: Districts and Uses and Seminole County Engineering Manual were received and filed.  He discussed the proposal to increase the level of administrative authority given to staff in zoning or site plan regulations. 

    Commissioner Morris stated that he does not believe this is broken; and would prefer the BCC retain the final authority.  Commissioner Van Der Weide agreed, stating that the Board needed to keep this flexible.  Commissioner Dallari said he would not be in support of changing this code. 

    Mr. Einsweiler reviewed the overlay design standards for County roadways and Commissioner Van Der Weide stated he would also like to keep flexibility on this issue. 

    Mr. Einsweiler discussed the lot size averaging proposal; and the Board asked that this item be held pending discussion of the affordable housing issue. 

    After Mr. Einsweiler reviewed the home occupations proposal, the Board directed that this item be brought back for further discussion. 

    Under the parking lot landscaping uniform design standards, Commissioner Van Der Weide requested that the staff and consultant address the minimum square foot on night lighting. 

    With regard to the improvement on consistency of buffers, Commissioner Carey stated this is something that the Board needs to look at further. 

    Mr. Einsweiler briefly reviewed the following proposals:  walls & fences; land clearing permit process; and approach to design standards.  He advised that the non-conforming provisions and stormwater pond fencing language are under development.  He briefly presented the regulation of mobile homes for discussion; and the Board directed that the staff meet individually with each Commissioner in order to receive further input and direction. 

    Mr. Einsweiler discussed the proposal to increase the minimum house sizes. 

    Commissioner Carey stated she would like to discuss this along with the affordable housing issue.  

    Mr. Einsweiler advised that the level of service requirements for drainage are being worked on and will be brought back to the Board. 

    Commissioner Morris requested the consultant bring back something with regard to the minimum garage setback from the sidewalk. 

    Commissioner Carey requested review of the close drainage systems; and Mr. Einsweiler stated they can meet with the Commissioners individually on this too.  He also stated that they are looking at eliminating plastic drainage pipes in the right-of-way and will open that issue up for discussion. 

    J.R. Ball, County Engineering, addressed the Board to briefly discuss the reasoning behind the proposal to eliminate plastic drainage pipes in the right-of-way. 

    Chairman Henley requested Mr. Ball to individually brief the Commissioners on this subject. 

    Mr. Einsweiler concluded his presentation by stating that they have about half of the code update done and expect to be finished in a couple of months. 

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    The Chairman recessed the meeting at 4:16 p.m., reconvening it at 4:25 p.m., this same date. 

PUBLIC HEARINGS, CONTINUED

REQUEST TO REZONE FROM A-1

TO M-1A, George Kosmac/School Board

 

    Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to M-1A (Very Light Industrial District), for property located at 1711 Timocuan Way, George Kosmac, Seminole County School Board, received and filed. 

    Planner, Tina Williamson, addressed the Board to present the request, advising the staff recommends approval. 

    No one spoke in support or in opposition. 

    District Commissioner Henley recommended approval. 

    Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-9, as shown on page _______, granting rezoning from A-1 (Agriculture District) to M-1A (Very Light Industrial District), for property located at 1711 Timocuan Way, as described in the proof of publication, George Kosmac, Seminole County School Board.

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

CONSIDERATION APPEAL OF THE BOA/

Rodney RAPP

 

    Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a side yard setback variance from 10 feet to 0 feet for an existing boat dock in the R-1AA District, located in the Brantley Hall Estates Subdivision, Rodney Rapp, received and filed. 

    Planner, Ian Sikonia, addressed the Board to present the request, stating the applicant purchased the property with the existing boat dock.  He advised that the staff is recommending approval of the request because it meets the six criteria (outlined in the agenda memorandum) for it to be considered a hardship. 

    District Commissioner Van Der Weide advised he has been briefed by the staff, appellant, and opposition; and he is very familiar with the request.  He said basically this is a very narrow canal and everyone who lives on it that has a boat has to go through a maze to get out to the lake. 

    Rodney Rapp, appellant, addressed the Board to advise he is trying to take the existing structure and change it to conform to laws with the exception of the 10 feet.  He said his neighbor received the same variance in 1999 and that is all he is asking for.  He further said he is trying to get his boat out from the middle of the canal and make it easier for other boats to get in and out of it. 

    Upon inquiry by Commissioner Morris, Mr. Rapp advised this will be a dock and not a boathouse. 

    Mike Solitro (phonetic) addressed the Board to advise he is the title holder of the canal and he is hoping that the neighbors who live on the canal can get along.  He said he has no objection to what Mr. Rapp is trying to do. 

    Patrick O’Grady, 301 Brantley Harbour Drive, addressed the Board to speak in opposition, stating Mr. Rapp’s structure was only meant to be a fishing dock and not storage for a boat.  He said when Mr. Rapp tied his boat to the dock, it made it difficult for other boats to get in and out of the canal.  He stated he only wants Mr. Rapp to follow the rules.  He added that he began construction without a permit and did not get architectural approval from the homeowners’ committee.  He also said that Mr. Rapp has done excavation with a backhoe and did not receive a DEP permit. 

    Upon inquiry by Chairman Henley, Mr. O’Grady stated that if Mr. Rapp follows the rules, he would have no objection to the dock.  He added that he would request Mr. Rapp to move his boat out of the canal during construction. 

    Diane Smith, 101 Lake Brantley Terrace, addressed the Board to advise Terry Smith has a hearing loss, therefore, she will assist him with his presentation. 

    Terry Smith, 101 Lake Brantley Terrace, addressed the Board to speak in opposition to the appeal, stating the structure will take away the shoreline.  He further stated that Mr. Rapp should not be granted a hardship because he purchased the property knowing it had smaller frontage on the canal.  He added he wants Mr. Rapp to abide by the law and not take away the shoreline.  

    No one else spoke in support or in opposition. 

    Speaker Request Forms were received and filed. 

    District Commissioner Van Der Weide stated it is never going to be easy getting in and out of this canal because it is narrow. 

    Upon inquiry by Commissioner Van Der Weide, Acting County Manager, Don Fisher, advised the Board’s job in this case is to make findings with regard to the Land Development Code criteria; and it is not their job to determine who has ownership. 

    County Attorney, Robert McMillan, advised the Board is only acting on the side yard variance; Mr. Rapp will have to pull all the necessary permits. 

    Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to reverse the Board of Adjustment’s decision to deny a side yard setback variance from 10 feet to 0 feet for an existing boat dock in the R-1AA District, located in Brantley Hall Estates Subdivision, as described in the proof of publication, Rodney Rapp, Decision on Appeal, as shown on page ________. 

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

 

 

 

 

REQUEST TO REZONE FROM A-1

TO R-1A/Brian L. Harris

 

    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) on 38.67 acres located on the northeast corner of Lake Charm Drive and Panther Street (f.k.a. Artesia Avenue), Brian L. Harris, received and filed. 

    Planning Manager, Tony Walter, presented the request, advising the requested zoning designation allows single family development on lots with a minimum area of 9,000 square feet and lot widths of 75 feet.  He further advised the Code requires the application of the Weighted Method for Determining Single-Family Residential Compatibility in Residential Land Uses.  The lot compatibility analysis yielded a weight rating of 5.22, which corresponds to R-1AAAA.  While this zoning represents a lower density than the applicant is requesting, the Board may grant R-1A upon making a specific finding that the requested higher-intensity zoning is compatible with surrounding uses and development.  He said the staff has determined the requested zoning would be compatible with surrounding uses and would recommend approval based on the following:  (1) Zoning and lot sizes to the west of the subject site are consistent with the requested zoning of R-1A; (2) Zoning and lot sizes to the northwest, north and northeast of the subject site skews the compatibility analysis by awarding a base weight of only 2 points; (3) The trend in the area is consistent with R-1A zoning designation; (4) The proposed number of lots, 65 and resulting net density, 2.43, serves as a transition between properties to the south and west from those to the north and east; and (5) The request is consistent with the west parcel with regard to buffering, lot size, and house size. 

    District Commissioner Morris stated apparently the P&Z Commission denied this because of the annexation issue.  He said the annexation has nothing to do with the P&Z Commission and he requested staff to brief them that this is not a reason to deny.  Whereupon, Mr. Walter said he will make sure they are advised of same. 

    District Commissioner Morris noted the lot compatibility study is not to be used in the rural area and the northern boundary of this property is rural.  Whereupon, Mr. Fisher clarified that there are extenuating circumstances where the study is used. 

    Jean Abi-Aoun, Florida Engineering Group, representing the applicant, addressed the Board to advise the property consists of 22 acres of abandoned grove and an additional 12 acres.  Along the south side of the property, there are wetlands which provide a natural buffer.  There are also seven acres of wetlands on the northeast corner.  He advised they have revised their original request from 65 lots to 53 lots, which brings the density to 3.28 units per acre.  The homes will be priced between $400,000 and $700,000.  He voluntarily committed to an average 160-foot landscaped buffer (100% opaque within 5 years) on the north boundary and a 30-foot buffer on the west side with landscaping and a six-foot brick, masonry or wrought-iron fence.  He stated that on the south boundary, there are 5½ acres of wetlands and they will be kept in their natural state.  There will be a 30-foot buffer where the two lots are located on the eastern boundary (the remainder will be wetlands).  The minimum lot sizes on the south will be 13,000 square feet and average about 16,500 square feet.  He said they will have a recreational area (pavilion, picnic tables & walking trail) on the front 3 acres and a gazebo and walking trail in the back of the project.  The entire subdivision will have a sidewalk system.  He stated that they also agree to a minimum house size of 2,200 square feet.  He further said that all the agreed upon buffers can be in either tracts or easements maintained by the homeowners association.  He added that they feel they are in compliance with the project that was approved across the street this past summer. 

    Chairman Henley expressed his concern about the total number of students this and the other projects that are in the pipeline will generate. 

    Linda Smart, 1255 Lake Charm Drive, addressed the Board to advise the road is an easement which is located on her property along with the large strand of trees.  She expressed her concern about the traffic and speeders on the road and with the drainage. 

    Jim Logue, 3205 Elm Street, stated whatever the Board decides on this will make no difference because the developer will be going to the City of Oviedo for annexation.  He asked where the transition is and when will this stop.  He expressed concern about the traffic, especially at SR 434 and DeLeon Street. 

    No one else spoke in support or in opposition. 

    Speaker Request Forms were received and filed. 

    District Commissioner Morris stated this discussion is similar to the one the Board had on the Morrison project.  He said this property is on the urban side of the boundary and he does not believe there is a transitional area on the rural side of the boundary.  He further said when the City of Oviedo finishes their cross-traffic connection, there will be relief to the people in the area, because the real problem is cut-through traffic. 

    Upon inquiry by Commissioner Carey, Mr. Walter advised before the development can go forward, they would have to bring the road up to County standards (including right-of-way). 

    At the request of Commissioner Morris, Mr. Walter reviewed the commitments made by Mr. Abi-Aoun earlier. 

    Mr. Abi-Aoun reviewed that the average lot size is 13,800 square feet; 3 lots are 9,000 square feet, 5 lots are 9,500 square feet, the rest will be all above 10,000 square feet.  On the southern border, the minimum lot size will be 13,000 square feet with an average of 13,600 square feet.  There are two lots on the eastern side which are 15,545 and 15,217 square feet.  He asked that the average northern buffer be 150 feet instead of 160 feet.  He agreed that the two recreational areas and the trail will be perpetual maintenance by the HOA. 

    Upon inquiry by Commissioner Carey, Mr. Abi-Aoun stated he will work with staff to get the opacity on the north boundary and will exceed the minimum landscaping requirements. 

    Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-10, as shown on page _______, granting rezoning from A-1 (Agriculture District) to R-1A (Single-Family Dwelling District) on 38.67 acres located on the northeast corner of Lake Charm Drive and Panther Street (f.k.a. Artesia Avenue), as described in the proof of publication, Brian L. Harris; and approval of Development Order, as shown on page _______, including all the voluntary commitments of the developer’s representative. 

    Districts 2, 3, 4 and 5 voted AYE. 

    Commissioner Dallari voted NAY, stating he believes Suburban Estates would be a better transition. 

REQUEST TO REZONE FROM A-1

TO C-1/Young Bok Kim

 

    Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to C-1 (Retail Commercial District) for one acre located on the north side of west SR 46, approximately 830 feet east of Orange Boulevard, Young Bok Kim, received and filed. 

    Planner, Tina Williamson, presented the request, advising the staff recommends approval based on the findings in the staff report. 

    No one spoke in support or in opposition. 

    Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-11, as shown on page _______, granting rezoning from A-1 (Agriculture District) to C-1 (Retail Commercial District) for one acre located on the north side of west SR 46, approximately 830 feet east of Orange Boulevard, as described in the proof of publication, Young Bok Kim. 

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

REQUEST TO REZONE FROM A-1

TO PUD/Morrison Homes

 

    Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) for 55.94 acres located on the south side of Wilson Road and east of International Parkway, Morrison Homes, received and filed. 

    Planning Manager, Tony Walter, presented the request, advising the applicant is proposing 450 townhomes at a density of approximately 12.5 dwelling units per acre.  He further advised that staff has determined that the parcel is constrained from developing with target businesses and industries, manufacturing or high density residential as called for in the HIP-TI as it does not front, nor have direct access to International Parkway.  The only access to the property is from Wilson Road.  The applicant does not have the ability to gain access from International Parkway and, therefore, is requesting a project designed to fit within the constraints of the property.  He stated staff recommends approval of the request based on staff findings and the Fiscal Impact Analysis Model and subject to the conditions listed in the agenda memorandum. 

    Upon inquiry by Commissioner Dallari, Planning Director, Dan Matthys, addressed the Board to advise the staff will be happy to brief the Board in a workshop or meet individually with Commissioners on the HIP analysis study that was just completed.  Whereupon, Commissioner Dallari stated he believes the Board should review that first. 

    Commissioner Morris advised of receipt of a letter from Mr. Paulucci regarding the access situation. 

    Jonathan Wyatt, representing Morrison Homes, addressed the Board to advise they agree with the P&Z Commission’s and staff’s recommendation of approval.  He said they feel the request is consistent with the Comp Plan and land use.  He advised they are asking for approximately 400 units to the acre, which is still 12.5 dwelling units to the acre.  He said they have worked on this project for a year and feel like this is a good project for the area.  Numerous tests have been done on the property, including geotechnical evaluations, traffic studies and they have spent upwards of $160,000 on the project.  He said their intention is to build high-end residential townhomes, starting in the mid to upper $200,000 up to $300,000.  He further said they have their concurrency approval results and they have agreed to pay a voluntary school impact fee, which is approximately $500,000 above the existing impact fees.  The net impact is approximately 57 additional students.  He requested approval. 

    Attorney Tom Cloud, representing WGML & PRN Investments (family-owned companies owned by the Goodmans and Rossmans), addressed the Board to submit for the Record Lakeshore Preserve PUD booklet.  He briefly reviewed the documents in the booklet.  He discussed the access problem, stating Mr. Paulucci declined to honor an agreement to deed them a 40 x 80 foot access strip in the year 2000; and he affirmed that in 2002, 2003, and 2004.  He said after seven years of frustration, there is now a last minute attempt to preserve an office use by finding a way to get access.  He said they gave up on the access and they still do not believe they can reach an agreement with Mr. Paulucci today.  He, therefore, requested the Board approve the request as recommended by staff. 

    Scott Gold, representing WGML Investments, addressed the Board to briefly review the history of the “spite” strip. 

    George Kosmac, representing the School Board, discussed the area schools that are over-capacity.  He said they can take a more comprehensive look at the developments that are coming on line and the capacities at the schools in the area. 

    Commissioner Carey stated the school numbers listed in the agenda packet are different than the ones Mr. Kosmac referred to.  Whereupon, Mr. Matthys stated staff obtains their numbers from the School Board but they do take into account portable classrooms. 

    Upon inquiry by Commissioner Morris, Mr. Kosmac advised they can have their comprehensive report ready within a couple of weeks. 

    Chairman Henley stated that in view of the fact that the Board has not had an opportunity to review the new staff report on Office zoning in this area, the recent correspondence from Mr. Paulucci, and the School Board comprehensive report, he would recommend continuing this request for two weeks. 

    District Commissioner Carey stated she is ready to move on this request, but would ask the applicants if they would be agreeable to a continuance. 

    Attorney Jesse Graham Jr., representing the property owner, addressed the Board to state they do not believe there is any merit to Mr. Paulucci’s latest offer.  He said that Morrison Homes is under contract with the owners of the property to purchase it as a townhome development; so even if the access was provided, it would be of no benefit.  He reiterated that they have spent $160,000 on this project and have no interest in extending this to accommodate Mr. Paulucci.  Discussion ensued. 

    Attorney Graham stated the applicant would be agreeable to a continuance in order for the Board to review the HIP/Office study and the School Board report. 

    No one else spoke in support or in opposition. 

    Motion by Commissioner Carey, seconded by Commissioner Morris to continue until March 14, 2006, at 1:30 p.m., or as soon thereafter as possible, consideration of a request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) for 55.94 acres located on the south side of Wilson Road and east of International Parkway, as described in the proof of publication, Morrison Homes, with the public input portion of the hearing to be closed. 

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

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    The Chairman recessed the meeting at 6:20 p.m., reconvening it at 6:30 p.m., this same date. 

REQUEST FOR LAND USE AMENDMENT &

REZONING FROM A-1 TO PUD, Robert Zlatkiss

 

    Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Large Scale Land Use Amendment from Suburban Estates (SE) to Planned Development (PD) and request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) for 13.51 acres located on the northeast corner of the intersection of Beardall Avenue and Hughey Street, Robert Zlatkiss, received and filed. 

    Planning Manager, Tony Walters, presented the request as outlined in the Agenda Memorandum, advising this proposal is for transmittal to the DCA.  He added that staff recommends transmittal of the request. 

    No one spoke in support or in opposition. 

    Motion by Commissioner Carey, seconded by Commissioner Morris, to approve transmittal to the Department of Community Affairs a request for a Large Scale Land Use Amendment from Suburban Estates (SE) to Planned Development (PD) and request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District) for 13.51 acres located on the northeast corner of the intersection of Beardall Avenue and Hughey Street, as described in the proof of publication, Robert Zlatkiss. 

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

ORDINANCE RE: RECLAIMED WATER

ORDINANCE RE: CROSS CONNECTION CONTROL

ORDINANCE RE: INDUSTRIAL PRETREATMENT DISCHARGE

ORDINANCE RE: BUILDING & CONSTRUCTION CODE

 

    Proofs of publication, as shown on page _______, calling for public hearings to consider the following:  (1) An Ordinance repealing Section 6.1 and 9.23, Appendix F of the Land Development Code of Seminole County and amending Chapter 270, Part 4, Article III of the Seminole County Code by creating Section 270.225 through 270.229 related to reclaimed water; (2) An Ordinance amending Section 9, Appendix F of the Land Development Code as related to Cross Connection Control; (3) An Ordinance amending Part 5, Chapter 270 of the Seminole County Code as related to Industrial Pretreatment Discharge Regulations; and (4) An Ordinance amending Chapter 40, Building and Construction Code, received and filed. 

    The Chairman advised all these items will be continued to the March 14, 2006 BCC meeting. 

    No one spoke in support or in opposition. 

    Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until March 14, 2006 at 1:30 p.m., or as soon thereafter as possible, consideration of the following:  (1) An Ordinance repealing Section 6.1 and 9.23, Appendix F of the Land Development Code of Seminole County and amending Chapter 270, Part 4, Article III of the Seminole County Code by creating Section 270.225 through 270.229 related to reclaimed water; (2) An Ordinance amending Section 9, Appendix F of the Land Development Code as related to Cross Connection Control; (3) An Ordinance amending Part 5, Chapter 270 of the Seminole County Code as related to Industrial Pretreatment Discharge Regulations; and (4) An Ordinance amending Chapter 40, Building and Construction Code. 

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

LEGISLATIVE UPDATE

    The Chairman advised this item will not be heard at this time. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Copy of letter dated 2/17/06 from Vice Chairman to Mayor John Bush, Winter Springs, Re: Attendance to Special Meeting with Winter Springs on February 22nd.

 

 2.  Copy of letter dated 2/20/06 to Nancy Rossman, PRN Real Estate & Investment, from Larry W. Nelson, President-Paulucci International Ltd., Re: International Parkway Property.

 

 3.  Letter dated 2/15/06 to Chairman (with attachment) from Mayor John Bush, Winter Springs, Re: Upcoming Special Meeting with the City of Winter Springs to discuss the Report of the East Rural Area Citizens Advisory Committee.  (cc: Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Co. Attorney)

 

 4.  Letter dated 2/15/06 to BCC from Kip and Emily Bellairs re: Opposition to Planning & Zoning Board’s recommendation to approve rezoning on Lake Harney.  (cc:  BCC, Acting Co. Manager, Planning & Development Director, Planning Manager)

 

 5.  Memorandum dated 2/16/06 to BCC (with attachment) from Ray Hooper, Purchasing & Contract Manager, Re: A & E services for John E. Polk Correctional Facility Expansion. 

 

 6.  Letter dated 1/09/06 to Commissioner Dallari from Gerald Seeber, City Manager-Oviedo, Re: Community Redevelopment Planning Effort.  (cc:  BCC, Economic Development, Community Development Block Grant, Library Services)

 

 7.  Agenda and minutes from 2/16/06 Historical Commission meeting.

 

 8.  Copy of identical letters to Seminole County Congressional Delegation from Chairman Re: Federal funding requests from Seminole County.

 

 9.  Copy of letter dated 2/04/06 to Brian Manwaring, Public Involvement Coordinator-CH2M Hill, from Edward & Joanne Grace Re: Proposed route for the extension of the Wekiva Parkway.  (cc:  BCC, Expressway Authority Executive Director, Co. Engineer)

 

10.  Copy of letter dated 2/09/06 to Stuart Goldberg, President, and Kenneth Riccard, Vice President-Tuskawilla Springs Homeowners Association, from Commissioner Morris and Public Works Director Re: Sidewalk Repairs and tree trimming in area.

 

11.  Copy of letters dated 2/15/06 from Jane Peterson, Library Services Manager, Re: Appreciation for donations to the following:  Oviedo Garden Club and Norman Wall, M.D.

 

12.  Letter dated 2/24/06 to Chairman (with attachments) from James Stansbury, Regional Planning Administrator-Department of Community Affairs, Re: Review of the proposed Comprehensive Plan Amendment (DCA 06-WSA 1).  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Co. Attorney, Environmental Services Director, Public Works Director)

 

13.  Letter dated 2/22/06 to BCC from Linda Watson, Chief Executive Officer-LYNX, Re: How recent changes in Medicaid programs affect LYNX users.

 

14.  Letter dated 2/22/06 to Chairman (with attached resolution) from Gerald Seeber, City Manager-Oviedo, Re: Request for funding assistance on SR 426/CR 419 improvement project.  (cc:  Acting Co. Manager, Deputy Co. Manager, Public Works Director, BCC, Co. Attorney)

 

15.  Memorandum dated 2/23/06 to BCC (with attachments) from Don Fisher, Deputy Co. Manager, Re: Public Schools related activities.

 

16.  Letter dated 2/12/06 to BCC (with attached report) from Robin Pedrero, Arts Administrator-Seminole Cultural Arts Council, Re: Transmittal of report submitted to United Arts and thank you for support.

 

17.  Copy of letters dated 2/23/06 to Seminole County Legislative Delegation from Chairman Re: 311 Statewide grant program.

 

18.  Copy of letter dated 2/12/06 to Commissioner Morris from Robert Norway, Geneva, Re: Opposition to Lake Harney Road Rezone.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

19.  Letter dated 2/12/06 to Chairman (with attachments) from Charles & Marie Tatman Re: Opposition to rezoning request from Jim Hattaway.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

20.  Letter dated 2/23/06 to BCC via facsimile from Tom Green, Senior Vice President-Colonial Properties, Re: Colonial TownPark and Colonial Center Heathrow. 

 

21.  Letter dated 2/13/06 to Phil Stalvey, Community Assistance Director, from Liza McFadden, President-Volunteer Fla. Foundation, re: Closure of Phase 1 of contract.

 

22.  Copy of letter dated 2/17/06 to Mayor John Bush, Winter Springs (with attachment), from John Litton, City Manager-Lake Mary, Re: Resolution supporting Winter Springs’ proposed amendment to the Seminole County Charter.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Co. Attorney)

 

23.  Memorandum dated 2/9/06 to Sandy McCann, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services Dept., Re: Submission into Co. records.

 

24.  Notice to abutting property owners from the City of Lake Mary Re: Home Occupation at 127 N. Hollis Street.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Code Enforcement)

 

25.  Letter dated 2/18/06 to BCC from John Bistline re: Enhancement of the Seminole Co. Museum physical facilities.

 

26.  Copy of letters dated 2/13/06 from Kenneth Roberts, Director-Public Safety, Re: Appreciation for recent donation to the following:  Joe McLaughlin and Lauren Miller.

 

27.  Contract for services, as shown on page _______, between Seminole Co. Government and the following:  Paul Neal (umpire), Amy Dopp (slow pitch softball scorekeeper), Raymono Schleichkorn (umpire slow pitch softball), Brian Peine (umpire slow pitch softball), and Robert Dopp, Jr. (umpire slow pitch softball).

 

DISTRICT COMMISSIONERS’ REPORTS

    Chairman Henley advised of Jimmy Ross’ resignation from the Charter Review Commission; and nominated Paul Lovestrand to replace him. 

    Motion by Commissioner Morris, seconded by Commissioner Carey to appoint Paul Lovestrand to the Charter Review Commission to replace Jimmy Ross. 

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

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    Commissioner Morris advised he will not be attending the NACo Conference. 

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    There being no further business to come before the Board, the Chairman declared the meeting adjourned at 6:39 p.m., this same date. 

 

 

ATTEST:______________________Clerk____________________Chairman

cc/slm