BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

APRIL 12, 2005

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m., on Tuesday, April 12, 2005, 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 Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Father John Bluett, St. Stephen Catholic Church, Winter Springs, gave the Invocation. 

     Chairman Henley led the Pledge of Allegiance. 

PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-57, as shown on page _______, proclaiming April 10-16, 2005 as “National Library Week”. 

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

     The Resolution was presented to Sheila Merry and Rick Santiago of the Friends of the Library. 

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     Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-55, as shown


on page _______, proclaiming April 10-16, 2005 as “National County Government Week Honoring County Heroes”. 

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

     The Resolution was presented to a group of County employees. 

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-61, as shown on page _______, proclaiming April 14, 2005 as “Volunteer Appreciation Day” in Seminole County. 

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

     The Resolution was presented to District 5 Administrative Aide Amy Lockhart. 

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-56, as shown on page _______, proclaiming the month of April as “Water Conservation Month”. 

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

     The Resolution was presented to Director of Environmental Services Bob Adolphe. 

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-63, as shown on page _______, expressing appreciation and congratulations to John A. Williams, President & Chief Operating Officer of Wayne Densch, Inc., in recognition as recipient of the Success in Seminole magazine “2005 Success Award”. 

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

     Commissioner Morris announced the Resolution will be presented to Mr. Williams at the annual recognition banquet. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Kevin Grace, advised that Item #19, St. Johns River Water Management District Agreement at Wilson’s Landing Park has been pulled from the agenda.  Also, Item #20, Subrecipient Agreement with Center for Affordable Housing, Inc., has been pulled from the agenda. 

     Commissioner Morris stated he would like all County maps and all future references regarding the trail to read Cross Seminole Trail in order to have consistency and to alleviate confusion. 

     Commissioner Morris requested Item #13, Ranking and award of PS-5175-04/AJR, be pulled for a separate vote. 

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

Administrative Services

Support Services

 5.  Approve and authorize Chairman to execute the First Amendment and Consent to Alterations and Improvements Agreement, as shown on page _______, to the Juvenile Regional Detention Center, located at 200 Bush Boulevard, Florida.

 

Community Services

Community Assistance

 6.  Approve and authorize Chairman to execute the 2004/2005 CSBG Modification Grant, as shown on page _______, and related documents and approval of the required 2% Cash Match. 

 7.  Approve and authorize Chairman to execute Certificate of Participation, as shown on page _______, for the continued participation in the Florida Department of Law Enforcement’s Edward Byrne Memorial Justice Assistance Grant Program. 

 

Environmental Services

Solid Waste Management

 8.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Cleanup Removal Services, Inc.

Business Office

 9.  Approve and authorize Chairman to execute the Conditional Utility Agreements, as shown on page _______, for Water and Sewer Services between Seminole County and Legacy Investments for the Amber Lakes Townhomes project. 

 

Fiscal Services

Budget

10.  BCR #05-21 - $40,500 – Tourism Development Department – Administration – Fund #11000 – Tourist Development Fund.  Staff requests this transfer to cover costs to be incurred with a new marketing direction for summer and fall promotions including brochures, CDs, video and photography.  The contract with Paradise Marketing and Advertising will assume costs associated with in-house production, photography and printing of the 2005 Seminole County Visitor’s Guide.  This transfer will accommodate an $81,540 amendment to the contract. A contract amendment is being submitted concurrently with the budget request.

11.  Adoption of appropriate Budget Amendment Resolution #2005-R-64, as shown on page _______, in the amount of $73,125 – Economic Development - Fund #13100.  Requesting funds to be transferred from Reserve for Contingency and other operating accounts to fund the costs associated with a new marketing project.  The marketing opportunity was not presented to Economic Development until late 2004 and therefore was not included in the FY 04/05 Budget cycle.  Transfer will accommodate a $78,519 amendment to the Paradise Marketing and Advertising contract.  A contract amendment is being submitted concurrently with this budget amendment.

12.  Adoption of appropriate Budget Amendment Resolution #2005-R-65, as shown on page _______, in the amount of $447,022 – Supervisor of Elections: General Fund #00100.  Recognize funds from the State of Florida for the Voting Systems Assistance Grant.  Pursuant to Specific Appropriation 28711 of the 2004-2005 General Appropriations Act, S.6, Chapter 2004-268, Laws of Florida, the Department of State shall disburse funds appropriated to it from the Grants and Donations Trust Fund to the County Supervisors of Elections to assist in the purchase of accessible voting systems.  Funds were received from the State of Florida, January 25, 2005 and deposited into the County General Fund.

Purchasing

14.  Approve and authorize County Manager to execute Mutual Termination, as shown on page _______, for RFP-4229-04/GMG – Mobile Unit Concession Operations Agreement for Seminole County Red Bug Lake Park, with P.T. Enterprises, Apopka (Revenue Agreement).

15.  Approve and authorize County Manager to execute Mutual Termination, as shown on page _______, for RFP-4230-04/GMG – Mobile Unit Concession Operations Agreement for Seminole County Sylvan Lake Park with P.T. Enterprises, Apopka (Revenue Agreement).

16.  Approve Amendment #2, as shown on page _______, to RFP-4196-03/DRS-Marketing Consultant Services with Paradise Advertising & Marketing, Inc. of St. Petersburg, Florida (Increase the Not-to-Exceed by $160,059.00/year to cover additional projects).

17.  Award RFP-4242-05/GMG – Term Contract, as shown on page _______, for Part (A) purchase of road construction products and related materials including in-place services to Orlando Paving Corporation, Orlando; and Part (B) Asphalt Base Stabilization, to Asphalt Recycling, Inc., Melbourne Beach and Florida Highway Products, Inc., Bartow.

18.  Authorize Sole Source Procurement and authorize the issuance of Purchase Order(s) for Schlage Primus Locking System and Locksmith Services to Kevin’s Lock and Safe, Lake Mary, Florida.

 

Library & Leisure Services

19.  Withdrawal of request to approve and authorize Chairman to execute agreement with St. Johns River Water Management District granting access to the Wekiva River through Wilson’s Landing Park. 

 

Planning & Development

Community Resources

20.  Withdrawal of request to approve and authorize Chairman to amend and execute the Subrecipient Agreement with the Center for Affordable Housing, Inc., Lisa Merlin House for demolition and new construction.

Development Review

21.  Authorize release of Performance Bond #41022558 for water and sewer in the amount of $57,434.16 from Platte River Insurance Company for the Regency Estates project. 

22.  Adopt appropriate Resolution #2005-R-66, as shown on page _______, vacating and abandoning the utility easement between Lots 3 and 4 in the Orange Blossom Business Center to combine property into one lot to accommodate the development of an approximate 10,800 square foot building (E. Guy Wingo). 

23.  Approve and authorize Chairman to execute the final plat for Sandy Lane Reserve Phase 2 Subdivision on 9.6+/- acres located on the west side of Sandy Lane, south of Sand Lake Road.

 

Public Safety

Emergency Management

24.  Adopt revised Comprehensive Emergency Management Plan (CEMP) Resolution #2005-R-71, as shown on page _______, as required by the provisions of Rule Chapters 9G-6 and 9G-7, Florida Administrative Code (FAC). 

25.  Approve and authorize Chairman to execute the Modification of Agreement, as shown on page _______, between the State of Florida Department of Community Affairs and Seminole County to receive additional grant funds in the amount of $40,363.

26.  Approve updated Local Mitigation Strategy (LMS) document dated January 1, 2004 and adopt appropriate Resolution #2005-R-67, as shown on page _______. 

 

Public Works

Engineering

27.  Approve and authorize Chairman to execute Purchase and Sale Agreement, as shown on page _______, with River Run, Inc., for the compensatory mitigation lands for the Cross Seminole Trail Connector Project.  

28.  Approve and authorize Chairman to execute the Emergency Relief Program Agreement Amendment Number 1, as shown on page _______, (changes only to the DDIR account numbers) to facilitate reimbursement to Seminole County for the repair of County roads on the Federal Aid System that were damaged from Hurricanes Charley, Frances and Jeanne. 

Roads-Stormwater

29.  Approve and authorize Chairman to execute the Revenue Agreement, as shown on page _______, between St. Johns River Water Management District (SJRWMD) and Seminole County for Development of Master Stormwater Management Plan pursuant to the Wekiva Parkway and Protection Act.

30.  Authorize release of Road Maintenance Bonds for the following projects:  (1) Road Maintenance Bond #31702 in the amount of $14,037.79 for the Monroe Commerce Center North Phase 1 project; and (2) Road Maintenance Letter of Credit #3055248 in the amount of $23,183.02 for the Celery Avenue ROW project. 

 

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

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     Under discussion of Item #13, PS-5175-04/AJR, Master Plan Interim Updates for the County’s water, wastewater, and reclaimed water master plan, Commissioner Morris stated that the three ranked firms are well qualified.  However, two are large local operations and one is not.  Of the two local operations, one has done a lot of business with the County and one has not.  Therefore, he said he would like to change the ranking as following:  (1) Reiss Environmental, Inc.; (2) PBS&J, Inc.; and (3) Hazen & Sawyer, P.C. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the ranking list; authorize negotiations, and award PS-5175-04/AJR, Master Plan Interim Updates as follows:  (1) Reiss Environmental, Inc.; (2) PBS&J, Inc.; and (3) Hazen & Sawyer, P.C. 

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

     Commissioner Carey stated she thinks the Board is looking for firms with a local presence and when there are a number of qualified firms locally, she believes the Board should use them. 

     Chairman Henley suggested having someone from Information Technologies sit on selection committees for items that specifically impact GIS. 

     Commissioner Van Der Weide stated the majority of the Board have had concerns about the makeup of the selection committees and have asked the County Manager to review that process. 

COUNTY ATTORNEY’S CONSENT AGENDA

     County Attorney, Robert McMillan, stated the Board has received correspondence requesting that Item #34, First Amended Resolution of Necessity for the Lockhart-Smith Canal Drainage System, be continued.  However, he said there is no reason to do so because negotiations and the process is ongoing. 

     Commissioner Carey expressed her concern that if the Board continues this, it will interfere with the negotiations.  She said she and the Public Works Director will be going to the site and she would like the negotiations to proceed. 

     Mr. McMillan stated they will save as many trees as possible on the site. 

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

31.  Approve proposed mediated settlement relating to the alleged breach of the Purchase Agreement of the Kupiszewski property of the Lake Drive Road improvement project, in the amount of $199,500.00, inclusive of all damages, attorney’s fees and costs. 

32.  Approve proposed settlement involving clearing and stabilizing of a twelve-foot driveway to provide alternate access to Kuhnhausen property rather than using a portion of the County’s trail system at an approximate cost to the County of $40,000.00. 

33.  Approve proposed settlement of two foreclosure cases by payment to the County in the amount of $228,000.00, made on behalf of Wyman Fields Foundation (foreclosure action) and Candance Birle, and authorize Chairman to execute a Release, as shown on page _______, in exchange for payment. 

Property Acquisition

34.  Adopt appropriate First Amended Resolution of Necessity #2005-R-68, as shown on page _______, relating to the Lockhart-Smith Canal Drainage System improvement project and authorize a new Binding Written Offer for Parcel Number 16-19-30-5AB-0200-0050 owned by Martha G. Faircloth.

35.  Adopt appropriate First Amended and First Supplemental Resolution of Necessity #2005-R-69, as shown on page _______, relating to the Eden Park Avenue road improvement project from State Road 414 (Maitland Boulevard) to Bunnell Road.

36.  Adopt appropriate Second Amended Resolution of Necessity #2005-R-70, as shown on page _______, relating to the Bunnell Road improvement project from west of Bunnell Road to West Towne Parkway.

37.  Authorize Binding Written Offers/Offers of Judgment relating to Parcel Numbers 707, 113/713, 717A/717B, 124C, 125/126 and 150 of the Bunnell Road improvement project.

38.  Authorize Binding Written Offers/Offers of Judgment relating to Parcel Numbers 105, 106, 107/707 and 716 of the Eden Park Avenue road improvement project.

39.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 104 of the Eden Park road improvement project, located at 9806 Eden Park Avenue, Altamonte Springs, John R. and Barbara B. Ivey, in the amount of $34,750.00, with no fees or expenses incurred by the property owners.

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

     Clerk’s Office

40.  Expenditure Approval Lists, as shown on page _______, dated March 7, 14 & 21, 2005; and Payroll Approval List, as shown on page _______, dated March 10, 2005. 

 

41.  Chairman to execute the following Satisfactions of Judgment/Court Costs: 

     Richard L. Angle, #96-159-CFB - $253

     Theresa Jane Snow, #01-2648-CFB - $328

     Terry L. Patton, #92-9080-MMA - $199.25 Court Costs and Application for Public Defender Fee

     Stephen Mark Weber, #03-3892-CFA - $368 Court Costs and Application for Indigency Fee

 

42.  Official BCC Minutes dated March 8, 2005. 

 

43.  Noting for information only the following Clerk’s “received & filed”: 

 

 1.  Letter to School Board Chairman Jeanne Morris from Chairman Henley regarding appointments to the 2005 Value Adjustment Board.

 

 2.  Work Order #8, as shown on page ________, to PS-5144-03, CPH Engineers, Inc.

 

 3.  Work Order #23, as shown on page _______, to CC-1222-03, Schuller Contractors, Inc.

 

 4.  Work Order #29, as shown on page _______, to CC-1212-03, J. F. VII Corporation.

 

 5.  Work Order #8, as shown on page _______, to PS-5124-02, PBS&J.

 

 6.  Work Order #7, as shown on page _______, to PS-5135-02, GMB Engineering & Planners, Inc.

 

 7.  Memorandum to Jerry McCollum, County Engineer, from Henry Brown, Assistant County Attorney, regarding Direct Pay Request, East Lake Mary Boulevard Phase IIB.

 

 8.  Term Contract IFB 3102-05, as shown on page _______, with Temple, Inc.

 

 9.  First Amendment, as shown on page _______, to RFP-4143-01, Iron Mountain Information Management, Inc.

 

10.  Two Deeds and Closing Affidavit, as shown on page _______, regarding Parcel #157, Lake Drive, Seminole County v. Casselberry Investment Properties, per settlement approved on December 14, 2004.

 

11.  Basic Contract #M-484-05, as shown on page ________, Chad Willhite, Inc.

 

12.  Work Orders #29 and #30, as shown on page _______, to PS-5130-02, Ardaman & Associates, Inc. and Nodarse & Associates, Inc.

 

13.  Fourth Amendment, as shown on page _______, to RFP-4187-03, A1A Cleaning Services, Inc.

 

14.  Satisfactions of Connections Fees, as shown on page ________, for the following projects:  Lake Forest 10B; Lake Mary Collections Retail G; Retreat @ Wekiva; Willa Springs Office Park Lot 13; Lake Mary Professional Campus; Walgreens; Patterson Office Building; and Off Broadway Lot 7.

 

15.  Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service  with Ansara Heathrow Center, LLC, and Ansara Holding Corporation, Inc.

 

16.  Developer’s Commitment Agreement, as shown on page ________, for South Tuskawilla Property PUD, as approved on December 10, 2002.

 

17.  Work Order #31, as shown on page ________, to PS-5130-02, Nodarse & Associates, Inc.

 

18.  Work Order #28, as shown on page _______, to PS-574-01, The Colinas Group.

 

19.  Basic Contract #M-486-05, as shown on page _______, Florida Realty Analysts, Inc.

 

20.  Memorandum to the BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfer in the amount of $1,433,635 for the Howell Creek project.

 

21.  Agreement IFB-3098-05, as shown on page _______, with Vila & Son Landscaping Corp.

 

22.  Change Order #8, as shown on page _______, to CC-1193-03, Pooley Enterprises.

 

23.  Memorandum to Jerry McCollum, County Engineer, from Al Schwarz, Assistant County Attorney, regarding Direct Pay Request, Lake Drive Phase II, Seminole County v. Suero, et al.

 

24.  Memorandum to Jamie Croteau, Administrative Services Director, from Sandy McCann, County Commission Records Office, expressing appreciation for plumbing work done.

 

25.  First Amendment to RFP-4222-04, as shown on page ________, Pride Enterprises.

 

26.  Certificate of Final Completion for Work Order #8 to CC-1222-03, as shown on page ________, American Persian Engineers & Contractors, Inc.

 

27.  Package Policy, Storage Tank Policy and Cyber Liability Policy for Self Insurance Program Renewal, as shown on page ________, as approved by the BCC on September 28, 2004.

 

28.  Letter to Clay Hartsoe from Commissioner Van Der Weide, regarding his meeting with the VAB special master.

 

29.  Work Order #4, as shown on page _______, to PS-5143-03, Reiss Environmental, Inc.

 

30.  Work Orders #32 and #33, as shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping.

 

31.  Work Order #1, as shown on page _______, to PS-5167-04, Keith & Schnars.

 

32.  Recorded Resolution #88-R-62 and two Drainage Easements, as shown on page _______, (Robert W. & Laura L. Behe and Southern Pioneer, L.L.C.) regarding vacating Maple Drive right-of-way easement.

 

33.  Memorandum to Laurie Hayes Coleman, Engineering Division, from Henry Brown, Assistant County Attorney, regarding Direct Pay Request for Lake Drive, Kupiszewski v. Seminole County.

 

34.  Work Order #13, as shown on page _______, to FC-1164-01, Hunter-Nelson, Inc.

 

35.  Change Order #1, as shown on page _______, to Work Order #16, CC-1222-03, Schuller Contractors, Inc.

 

36.  Bids as follows:  PS-5177-05; RFP-4240-05; DB-608-04; #2116-05; CC-1256-05; CC-1255-05; CC-1257-05; IFB-3104-05; PS-5175-04 Additional Submittals; RFP-4241-05; IFB-3106-05; CC-1258-05; and CC-1259-05.

 

     Sheriff’s Office

44.  Sheriff’s Office to utilize $2,200 in Law Enforcement Trust Funds for the following:  (1) $2,000 contribution to the Central Florida YMCA’s Youth Scholarship program; and (2) $200 contribution to Rock Lake Middle School annual Alcohol-Free, Drug-Free eighth grade graduation celebration. 

 

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

REGULAR AGENDA

     Deputy Building Official, Tom Helle, addressed the Board to present the appeal of the Findings & Order of the Building Contractor Examiners Board on Case #04-012-001B, by Toni Murray.  He gave a history of the complaint, advising Ms. Murray contracted with CVI Windows & Doors on November 6, 2001.  He stated the letter in the agenda packet from Ms. Murray’s counsel indicated that there were no County inspections conducted on the work.  He further stated that County staff was on the property on two separate occasions - during the construction and towards the end of the construction. 

     Commissioner Morris asked the District Commissioner to make a recommendation on this issue.  He said the Board has a choice of having an evidentiary hearing, referring this to a special master, or remanding it back to the Building Contractor Examiners Board. 

     Motion by Commissioner Van Der Weide seconded by Commissioner Morris to uphold the Findings and Order of the Building Contractor Examiners Board with regard to Case #04-012-001B, CVI Windows & Doors (Robert Hampson). 

     Under discussion, County Attorney, Robert McMillan, advised the Board that if they are going to uphold the Examiners Board rather than remand it, the Board is going to have to hear the appeal. 

     Commissioner Van Der Weide stated that under those circumstances, he would like to withdraw his motion.  Commissioner Morris withdrew his second. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to refer Case #04-012-001B, CVI Windows & Doors/Robert Hampson (Toni Murray/Complainant), to a special master. 

     Under discussion, Commissioner Carey noted that there was a long time span between the time of the work and the time Ms. Murray filed a complaint; and a long time between the time the complaint was filed and the time it went before the Examiners Board.  She added that she would like to see these complaints expedited. 

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

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     Planner, Tina Deater, addressed the Board to present the Final Master Plan for AmSouth Bank/Retail at the Shoppes of Hunt Club in the Foxwood PUD, located on the northeast corner of SR 436 and Hunt Club Blvd., Avid Engineering.  She advised the applicant obtained a major amendment to the Foxwood PUD Developer’s Commitment Agreement in 2004 to allow the bank and retail uses within a tract that was originally designated for office uses only.  The proposed master plan complies with all the conditions of approval contained in Addendum #3 to the Foxwood PUD Commitments, Classification and District Description that was approved as part of the major amendment on August 10.  She further advised the staff has received a letter from the representative for the adjacent cemetery to the east, stating they are in agreement with the buffer and wall proposed.  She added staff recommends approval. 

     District Commissioner Van Der Weide stated he appreciates the efforts on everyone’s part to reach an agreement. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the Final Master Plan for the AmSouth Bank/Retail at Shoppes of Hunt Club (Foxwood PUD), located on the northeast corner of SR 436 and Hunt Club Blvd., based on staff findings, Avid Engineering. 

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

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     Mr. Grace stated staff has provided the Board with an outline of how appointments to the Charter Review Commission were made during the last charter review.  He advised the appointment would not be effective until September 1 and the organizational meeting must be held within 30 days of the effective appointments. 

     Chairman Henley stated the Board can make appointment adjustments between commission districts, but cannot make changes to the make-up.  He questioned if the Board is comfortable with what has been laid out in the agenda packet. 

     Commissioner Dallari stated there is nothing wrong with the process and he would like to continue with it. 

     Upon inquiry by Commissioner Van Der Weide, County Attorney, Robert McMillan, advised the Charter Review Committee makes the decision on hiring an attorney.  He clarified that the County Attorney should not act as the Committee’s attorney because of the potential conflict of interest. 

     Upon inquiry by Commissioner Morris, Mr. Grace advised he will be including some funding for the Committee in the upcoming budget. 

     Commissioner Morris requested Mr. Grace bring this back at the next Board meeting for formal adoption of the process. 

     Commissioner Carey stated she would like to see a budget number at the time this is brought back for formal approval. 

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     Frank Kirk, Emergency Communications/E-911, and Angel Nater, Public Safety, addressed the Board to give a briefing on the scope of the Public Access to Defibrillation (PAD) program. 

     Commissioner Morris stated that the Board previously approved placement of these out in the community with a more aggressive program.  He questioned how many of these defibrillators have been placed since Board approval. 

     Mr. Nater advised none have been placed yet. 

     Mr. Grace explained that they are leveraging the $25,000 approved by the Board to get $75,000 by applying for an EMS 75/25 Matching Grant from the State. 

     Commissioner Van Der Weide stated he believes the County needs to get moving on this.  He also stated that these machines need to be identified and people need to know where they are located. 

     Mr. Nater advised that part of the program would require adoption of an ordinance that would encourage people to register their AED.  He continued reviewing the proposed program.  Discussion ensued. 

     Commissioner Morris said he would like to see a comprehensive plan. 

     Commissioner Van Der Weide stated the Board is viewing this as a health and safety issue and want staff to move much quicker to establish the program and get the AED’s installed. 

     Chairman Henley requested that by the next BCC meeting the staff is directed to give an update on a proposed comprehensive (maximum) plan for installation of AED’s, including funding, timelines for completion, and an education program.  Also, staff is to contact the School Board and request their cooperation from the standpoint of funding the phone lines. 

     DCM, Sally Sherman, addressed the Board to advise of proposed legislation dealing with AED’s and requiring Public Safety to train and maintain these machines.  She said staff did a preliminary analysis on the cost of that and came up with an estimate of $150,000 per year. 

     Commissioner Morris stated he would also like to hear from the Sheriff on this because he has a sizeable request for AED’s. 

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     The Chairman recessed the meeting at 10:48 a.m., reconvening at 1:30 p.m., with all Commissioners (with Commissioner Morris being late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize filing the proofs of publication for this meeting's scheduled public hearings.

     Districts 1, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

REZONE/Forrest Jackson

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from R-1 (Single-family Dwelling) to R-2 (One and Two-family Dwelling) on approximately 0.21 acres, located on the west side of Jackson Street, Forrest Jackson, received and filed.

     Michael Rumer, Planner, addressed the Board to present the request as outlined in the agenda memorandum.

     Commissioner Morris entered the meeting at this time.

     Mr. Rumer stated staff believes the proposal is incompatible with the development trend of the surrounding neighborhood; therefore, staff recommends denial of the request based on the findings of incompatibility.  He stated the Planning & Zoning Commission (P&Z) recommended approval of the request at their March 2, 2005 meeting.  He said he received a call from Senator Constantine’s office indicating that a constituent came to his office voicing opposition to this item. 

     Mr. Rumer informed Commissioner Henley relative to whether or not there are duplexes located up and down the street.

     Upon inquiry by Commissioner Carey, Mr. Rumer advised the units are single-family and not duplexes.

     Quentin Freeman, representing the applicant, addressed the Board to state he is Mr. Jackson’s grandson and since the last hearing, they have obtained a Petition, as shown on page ________, from area residents indicating that they are in favor of the rezone.  He stated 30 residents have signed the petition, but one did not sign it because he felt that the units might cause drug dealings in the area.  He said he feels the Board should approve the R-2 zoning since there is R-2 zoning down the road.

     Upon inquiry by Chairman Henley, Mr. Freeman advised some of the residents that signed the petition do not live on Jackson Street.  He stated his grandfather’s next door neighbor indicated that he would love having the duplexes because he doesn’t want someone coming in and junking up the property next to him.

     Patricia Taylor, 300 Teakwood Lane, addressed the Board to state she lives adjacent to this property.  She stated half of the residents that signed the petition did not realize the impact the rezoning would have on their property.  She requested the Board to delay this item for 90 days so she can get her ducks in a row.  She said the notice was sent to her 19 days ago and that is not enough time for her to properly prepare.  She submitted a letter (received and filed) from Senator Constantine’s office relative to her requesting a continuance of the proposed zoning.

     Chairman Henley stated whatever action the Board takes could affect all of those properties along that area. 

     Upon inquiry by Commissioner Carey, Ms. Taylor advised she did not receive a notice for the P&Z hearing and that is why she is here today.

     Chairman Henley stated there are vacant properties in the area and they may play into this.  He stated the Board may want to bring this back at a later date and see what the neighbors think.

     Mr. Rumer explained for Commissioner Carey what the estimation should be for MDR versus LDR.

     Ms. Taylor stated if the Board wants to continue this item for 30 days she would appreciate their efforts in doing so.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Henley stated he feels it is reasonable for Ms. Taylor to request a continuance to this item as there is some confusion.  He recommended continuing the request to May 10, 2005 to give her an opportunity to meet with the applicant and staff.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to continue to May 10, 2005 at 1:30 p.m., or as soon thereafter as possible, request to Rezone from R-1 (Single-family Dwelling) to R-2 (One and Two-family Dwelling) on approximately 0.21 acres, located on the west side of Jackson Street, as described in the proof of publication, Forrest Jackson.

     Under discussion, Commissioner Carey requested staff to submit a bigger map on this in order to give the Board more information.

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

     Commissioner Morris requested that staff meet with the residents to help them clearly understand the rezoning request.

REZONE/Hugh Harling

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to C-3 (General Commercial and Wholesale District) for a 5-acre site located on the north side of Arletta Street, 0.3 miles east of SR 434, Hugh Harling, received and filed.

     Jeff Hopper, Planning, addressed the Board to state the site consists of an existing greenhouse facility.  The applicant is proposing to remove the greenhouse facility and to stabilize the surface so it is suitable for parking vehicles.  He stated site design issues, such as access to public streets, stormwater management, landscaping and lighting will be addressed through the required site plan review process.  Staff recommends approval of the request.

     Hugh Harling, applicant, addressed the Board to state he concurs with staff recommendations and he will be glad to answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt an Ordinance #2005-13, as shown on page ________, approving rezoning from A-1 (Agriculture) to C-3 (General Commercial and Wholesale District) for a 5-acre site located on the north side of Arletta Street, 0.3 miles east of SR 434, as described in the proof of publication, Hugh Harling, with staff’s recommendation.

     Under discussion and upon inquiry by Commissioner Carey, Bob Hattaway, property owner, addressed the Board to advise he has been working with Altamonte Springs to create a Gateway Drive.  He stated he told the City of Altamonte Springs that they are willing to realign Gateway Drive and take out the office building now and a buffer will be given to them.  The intent is to continue the outdoor storage and when Gateway Dr. and the property is developed, hopefully that will be the second phase of the development. 

     Mr. Hattaway informed Commissioner Carey that they are working on the buffer with the City of Altamonte Springs as well.

     Commissioner Van Der Weide stated he would like to commend the property owner for working with the City and County staff.  He stated things have improved to the point where it is really starting to look good.

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

MAJOR AMENDMENT TO BILL HEARD

CHEVROLET PCD/Jennifer Eden

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to consider an Ordinance approving the request for a Major Amendment to the Bill Heard Chevrolet PCD, Rezone from PCD (Planned Commercial Development District) to PCD (Planned Commercial Development District), and approve Addendum #2 (outdoor sound amplification) to the Developer’s Commitment Agreement on approximately 25.0 acres located on the north side of SR 46 between Oregon Street and Interstate 4, Jennifer Eden, received and filed.

     Tina Deater, Planner, addressed the Board to state the applicant is requesting a Major Amendment to the Bill Heard Chevrolet PCD to allow the use of outdoor sound amplification devices.  The approved PCD Developer’s Commitment Agreement prohibits the use of outdoor sound amplification devices.  She stated Bill Heard Chevrolet received a verbal citation from the County Code Enforcement for using an outdoor sound amplification system.  The Code Enforcement inspection reports indicate that the auto dealership continued using the system and it was ordered on September 23, 2004 by the Code Enforcement Board to cease and desist the outdoor amplification system until an amendment to the Development Order is approved.  If an amendment is not approved, they need to remove all outdoor amplification devices by January 7, 2005.  If the respondent failed to comply with Section 2 of the Order, a $250 a day fine would be imposed for each day the violation continues or is repeated.  As of the date this report was written the dealership continues to accrue the fine.  Bill Heard Chevrolet was scheduled to go before the Code Enforcement Board again on May 19, 2005 and at that time the County was requesting issuance of an order imposing a lien of $11,500 to be placed upon the property due to unpaid fines.  This item was withdrawn from the agenda by the Code Enforcement Officer because of a possible conflict of interest by two Board members and it will be rescheduled at a future agenda.  She said staff has determined that Bill Heard Chevrolet PCD is located in an area with an increasing residential population.  Phase 2 of the Dunwoody townhomes to the west is currently under site plan review.  A proposed townhouse project to the north is currently undergoing a Large Scale Land Use Amendment and rezoning.  She added staff feels that the permanent use of outdoor sound amplification devices is not compatible with the residential nature of the surrounding properties.  She stated staff recommends denial of the request.  The P&Z Commission also recommended denial of the request.

     Commissioner Morris stated Bill Heard received a verbal warning on March 1 and it took six months to issue an order to cease and desist and no fine was done until another three months.

     Upon inquiry by Commissioner Morris, Robert McMillan, County Attorney, advised a couple of new appointees were in attendance at the Code Enforcement Board meeting a couple months ago and issues were raised about dual office holding.

     Upon inquiry by Commissioner Morris, Ms. Deater advised they were supposed to go before the Code Enforcement Board to impose a lien.

     Upon further inquiry by Commissioner Morris, Ms. Deater advised there were some complaints for sign violations and that is included in the agenda.

     Don Fisher, Deputy County Manager, addressed the Board to state there were some sign variances and modifications to the Planning & Zoning Commission development agreement, but he can confirm that there had been some sign violations on numerous occasions throughout the past few years. 

     Matt West, Planning Manager, addressed the Board to state Bill Heard Chevrolet hung banners from every light post on the property and those were replaced with banners with the American Flag.

     Upon inquiry by Commissioner Morris, Mr. West advised the Board approved transmittal of a development to the north of this property and it will come back to the Board on May 10, 2005.

     E-mails from area residents opposing the Major Amendment were received and filed.

     Attorney Daniel Osterndorf, Cronin & Latham, LLP, addressed the Board to state the amplification system was installed and a couple of the employees improperly misused that system.  He stated he is not asking unadulterated use of the system but to modify the PCD to allow some use of an outdoor amplification system within specified perimeters.  Those perimeters could be used for only certain hours of the day so they will not disturb the surrounding communities.  He said there were some questions at the P&Z Commission whether other technologies might be available and better suited for this.  There are other technologies out there; however, those are limited in the scope and function.  If the Board approved the use of this type of system, it could be subjected to strict requirements and perimeters, time of use, and decibel levels.

     Upon inquiry by Chairman Henley, Attorney Osterndorf advised he cannot explain why the system was installed and used in 1999 when it was prohibited.  He stated although the system is in place, it has been completely disabled and nonfunctional since August 2004.

     Attorney Osterndorf informed Commissioner Morris an application was filed to have a modification to the PCD in September 2004 and this has been ongoing for some time.

     Commissioner Morris asked why this Board would consider the request since the client had a direct prohibition under strict requirements. 

     Attorney Osterndorf stated he wouldn’t describe their installation and use of the amplification system as an intentional violation.  He stated he would describe it as an oversight and once the complaints were brought to their attention, the dealership went ahead and disconnected it and ceased using the system.  They immediately filed their application.

     Upon inquiry by Commissioner Morris, Attorney Osterndorf advised he cannot personally speak to the history of the alleged signage violations, but he can say they are seeking to remedy any of the problems.

     Upon inquiry by Commissioner Carey, Attorney Osterndorf advised the speakers are in place but the wiring to the speakers is not hooked up.  It has been disconnected completely by removing the wiring so it is nonfunctional. 

     Commissioner Carey stated she and Code Enforcement inspector Debbie Leigh have visited the site and they could not find the speakers. 

     Attorney Osterndorf stated the wiring for the speakers have been removed so they are nonfunctional.

     Chairman Henley stated he has 21 written comments in opposition to the request.

     Tina Demostene, representing Pulte Homes, addressed the Board to state she represents Pulte Homes and Dunwoody Commons.  She stated her association has received numerous calls of complaints.  She added she supports staff’s recommendations.  At the request of Ms. Demostene, over 20 people raised their hands in opposition to the request.

     Carl Murphy, 5002 Shoreline Circle, addressed the Board to state Lake Forest is one of the nicest places he has lived.  He stated he knows there are other sources that the dealer can use to communicate; therefore, he would recommend the Board deny the sound system.

     Rick Bavec, 1597 Redwood Grove Terrace, addressed the Board to state he is a consultant with NTS and he is in support of staff’s recommendation.  He stated the noise has been continuous since he has lived at Lake Forest for three years.  He added he believes it has been ongoing with the balloons as well. 

     Upon inquiry by Commissioner Morris, Mr. Bavec advised he is no longer the President of the Homeowners Association, but up to that point he has received phone calls from residents complaining about the noise on a weekly or bi-weekly basis.

     Dennis Santana, 5016 Hawkstone Dr., addressed the Board to state he is one of the residents of Dunwoody Commons.  He stated his neighbor has asked the dealership to turn the noise down.  He said he has children and they cannot sleep at night because of the noise.  He asked the Board to approve staff’s recommendation.

     Bob Manuel, 5336 Fawn Woods Ct., addressed the Board to state he is speaking for the Lake Forest Transition Committee, which was elected to learn the transition process prior to a turnover from a developer to a residence.  He stated the search lights that run on some weekends have been a concern to the residents as well as the banners, parking cars on the sidewalk between Bill Heard Chevrolet and SR 46, and the balloons.  Code Enforcement is still looking into the balloon issue.  The Ford Dealership on the other side of SR 46 do not have an amplification system, therefore, there are other ways of talking to their employees, customers, etc.  Based on their past history, they have not demonstrated qualities of a good neighbor.  He requested the Board deny the request.

     Commissioner Carey stated Mr. Manuel and other members of the Transition Committee have visited her office on this issue.

     John Tillman, 747 Bridgecreek Ct., addressed the Board to state Bill Heard is one of the largest dealerships in the United States.  He stated he took a look at their web site and their mission statement does not say anything about community involvement.  He said he has visited Bill Heard Chevrolet to see if they could turn down the PA system, and he was in a waiting room for an hour to see someone and he was unable to see anyone.  AutoNation and Massey Cadillac have a silent paging system and that shows the difference in the overall attitude and involvement the business community want to have with the community.  He submitted literature (received and filed) containing technology information on wireless messaging that is available. 

     Dick Siegrist, 5241 Forest Edge Ct., addressed the Board to state he has nothing more to say but to support staff’s recommendation.

     Mike Moore, 5217 Forest Edge Ct., addressed the Board to state he is in agreement with everyone’s comments.  He informed the Board of a personal situation he has had with Bill Heard Chevrolet relative to the spot lights.  He stated they have not been the best of neighbors and he recommended increasing the fine.

     Fred Bates, 4963 Maple Glen Pl., addressed the Board to state he is also on the Transition Committee.  He stated he supports any action the Board takes to make sure the dealership complies with the codes. 

Attorney Osterndorf stated it appears the dealership has had some history of diverging from the requirements of the 1994 agreement.  However, Bill Heard has attempted to go through the proper channels in order to make this modification to the PCD.  He stated the dealership is willing to agree to substantial restrictions and limitations on the use of the system, such as  it will be done during normal business hours (9:00 a.m. to 5:00 p.m.). 

     No one else spoke in support or in opposition.

     Written and Speaker Request Forms were received and filed.

     District Commissioner Carey stated she has asked staff to pull the development order dated 1999 to make sure what was requested of Bill Heard as well as the one for the Ford dealership.  Both of those development orders say that outdoor speakers and sound amplifications are prohibited.  She stated she has been to the site with Code Enforcement and the only issue she has is to get staff out there to determine if and when the systems were removed.  Bill Heard is the largest Chevrolet dealership and it would be nice for them to be a little more community conscientious.  She said there are other technologies out there to allow him to notify his employees. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to uphold the Development Order that is in place, thereby denying the requests for a Major Amendment to the Bill Heard Chevrolet PCD, Rezone from PCD (Planned Commercial Development District) to PCD (Planned Commercial Development District), and Addendum #2 (outdoor sound amplification) to the Developer’s Commitment Agreement on approximately 25.0 acres located on the north side of SR 46 between Oregon Street and Interstate 4, as described in the proof of publication, Jennifer Eden, and not allow any outdoor amplification.

Under discussion, Commissioner Carey stated she wants staff to be aware of the banner and balloon issues, as well as the parking on the sidewalks and right-of-way issues.

     Under discussion, Commissioner Van Der Weide stated even if the Board allows amplification systems on that property, he is not sure Disney could even handle that. 

     Commissioner Dallari stated e-mail can be used as well.

     Commissioner Van Der Weide stated he feels there are other technologies out there.

     Commissioner Morris stated it is a very clean development order and he would like to make sure that the P&Z, BOA and Code Enforcement have a copy of these minutes so they can understand that this is a continuing ongoing problem.

     Commissioner Dallari stated if there were any questions, it should have been brought back to this Board at the time the development order was approved and not five years later.

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

     Chairman Henley recessed the meeting at 2:25 p.m., reconvened it at 2:35 p.m.

LEGISLATIVE UPDATE

     Steve Lee, Deputy County Attorney, addressed the Board to submit an update (received and filed) on the current information to date.  He stated Hospice is asking for the Board’s support in opposing the For-Profit Hospices Bill.  He continued reviewing the Growth Management amendment and stated it adds schools to the concurrency requirements, creates a visioning process and allows creation of urban service areas.  He explained what happens when counties adopt a vision and create an urban service area.  The optional transit sales tax will also be opened up to all charter counties.  The proposed amendment will put the optional school sales tax under the BCC and it is questionable how the School Boards will view that prospect.  The League of Cities is pushing an amendment to allow cities to take 2 cents of the ELMS nickel gas tax and FAC opposes that amendment. 

     Mr. Lee continued by reviewing the responsibilities of the counties for the DJJ bill and the maximum length of stay for juveniles. 

     Upon inquiry by Commissioner Carey, Mr. Lee advised everything has been done by both staff and the Florida Association of Counties to make it clear what the County’s opposition is on the DJJ cost shift and they are being ignored.

     Ms. Sherman stated staff has distributed letters as well as handouts and pamphlets to the Legislators in Tallahassee.  The information was distributed to them and staff is surprised that they were not aware of it.

     Commissioner Morris stated the most common excuse an elected official uses is confusion and miscommunication. 

     Mr. Lee stated the impact fee Legislation restricts the County’s ability to impose impact fees.  An amount would grandfather existing impact fees ordinances and this will help the County as an impact fee ordinance is already in place. 

     Mr. Grace pointed out that this will apply to the water and sewer connection fees as well.

     Mr. Lee reviewed the First Responders Workers Compensation bill requirements.  It is estimated by the insurance companies that the statewide impact is $8 million and that does not include those who are self-insured.  The proposed amendment clearly states that the new burden is a preponderance of the evidence.  The estimate of that is about $10 million statewide and that does not include those who are self-insured.

He stated on March 30, two residents went before the House Agriculture Committee to complain about what Seminole County is doing.  He said he has received a copy of the loose leaf booklet and staff is preparing a response to the members of that committee. 

     Commissioner Carey requested a list of the members on the House Agriculture Committee. 

     Mr. Grace stated staff has not taken a position on a number of those things and they need Board’s direction if they want staff to weigh in on the Hospice, First Responders and Impact Fees bills. 

     Commissioner Dallari stated if the State is not willing to listen to them, he would like to know how they can change their approach.

     Mr. Lee stated it has been suggested that the County make use of the SGTV process as well as the tax bills.

     Upon inquiry by Commissioner Dallari, Mr. Lee advised other counties are in the same boat as well.

     Commissioner Van Der Weide stated he feels that one reason the County is getting less attention is the elected officials are not involved in the political process of the State representatives.

     Chairman Henley stated he believes the Board should oppose the First Responders, the Impact Fee bills and the For-Profit Hospice. 

     Commissioner Carey stated there are some important issues that the Legislature is trying to be helpful on.  She stated she feels it would be helpful if the Board inform the Legislature that these are the things that are concerning them.

     Mr. Grace suggested the Board send a summary letter listing the Board’s position.  He advised he will keep an eye on the First Responders issue.

     Commissioner Van Der Weide recommended that Chairman Henley write a letter to the Legislature. 

     Commissioner Morris stated the Attorney General has given a ruling on the Fire Hydrants issue and Representative Sorenson indicated that he does not want to do anything with this bill.  He stated the one option the Board can do is pass an ordinance by placing a requirement on it and then try to enforce it.  The ordinance would be drafted using the national standards, annual inspections would be done, and a report would be issued.  The responsibility of the owner is to carry out these inspections as well as the cost. 

     Chairman Henley stated the consensus of the Board is to communicate to the Legislature regarding these items.

PRIORITY SETTING WRAP-UP

     Mr. Grace stated this is a wrap-up of the Priority Setting work sessions and he needs Board’s direction relative to funding alternatives for the top priority issues.  He stated he has provided a suggestion list of four top priorities and those include:  Library Expansion; Jail Expansion; Transit Funding; and Stormwater Funding.  He said the other items could be addressed as those are more long term and could be addressed in the coming years. 

     Upon inquiry by Commissioner Carey, Mr. Grace advised he assumes the Water and Sewer Rate Study will be completed within the next 60 days and he will let the Board know at that time.

     Commissioner Carey stated she feels the Arts are different than the Community Services needs.  She stated she would like to see the Community Service needs separated from the Arts projects.  She stated she has been working with the Parks staff on Wilson’s Landing as part of the budget process.  She said she would like to make Wilson’s Landing into a park that is usable.

     Mr. Grace stated staff is working on some estimates and that can be discussed during the Budget process.

     Upon inquiry by Commissioner Dallari, Suzy Goldman, Library & Leisure Services Director, addressed the Board to advise the Parks Countywide Assessment Study was done in 1999 and it was an overall recreational analysis of the unincorporated area.  It did not include the cities.

     Commissioner Dallari stated he would like to see this updated and try to include what the cities are doing.

     Ms. Goldman advised the City of Oviedo is in the process of updating their recreation plan.

     Chairman Henley stated he believes the reason the Arts was under Community Service is because they were all block grant programs.

     Commissioner Carey stated she would like to see them separately.

     Commissioner Van Der Weide stated he answered yes to each one of the issues listed on the priority summary sheet.  He stated he recognizes the need for all of these but he is wondering how they are going to fund them. 

     Chairman Henley stated he supports each of the issues as well.  He stated he supports the Jail expansion but does not support the report that came out of the study.  He said they need to look at various options of how they can accomplish each one.  He said he is not in opposition to the County Manager going ahead on the priority items that he has listed, and then come back with the funding source and options for each. 

     Commissioner Van Der Weide stated the County, up to this point, has done a wonderful job on evaluating the 16 basins.  He stated Mr. Grace has been telling him for years that they need funding for stormwater.  He said staff has been doing a wonderful job in cleaning out the drainage and the people that were flooding are not flooding now.  He said he would like to know how flooding is still going on.

     Upon inquiry by Commissioner Carey, Mr. Grace advised staff is in the process of looking at the penny sales tax for subdivision retrofits to see if that can be part of the solution.  He stated he will get back to the Board during the next couple of meetings.

     Commissioner Carey stated she feels the City Mayors and Managers need to discuss the transit issue.  There are a lot of ADA clients that live in the cities and they need to step up to the plate on that. 

     Commissioner Morris stated he would like the seven cities commit to the ADA funding by a 1-cent sales tax.  He commented on the stormwater infrastructure, spay/neuter clinic, the library expansion and the Parks & Recreation issue. 

     Commissioner Carey stated before they look at new trails, they need to identify where they are going to acquire the land.  She stated the County has some parks, such as Soldier’s Creek, that are an embarrassment that they are a County park.  She said the County has invested money in some of the parks and those should be put on top of the list before they pursue land for new parks unless there is a separate source of funding like Upsala Park.

     Commissioner Dallari stated some of the things he would like to look at is redoing the master plan for 17-92 and trying to purchase more land.  He stated he would like to do more community outreach with SGTV, and he also would like to see what goals and objectives the Board is asking staff to try to improve.

     Chairman Henley stated he believes a lot of those issues will come up during the Budget process. 

     Commissioner Morris stated he believes the CRA master plan has gone to the CRA committee and they have endorsed that idea.  The County Manager will be bringing that back to the Board. 

     Upon inquiry by Chairman Henley, Mr. Grace advised he would suggest the top four priorities (Library Expansion, Jail Expansion, Transit Funding, and Stormwater Funding) be established as the Board’s priorities.  Discussion ensued.

Chairman Henley asked the Board if they would like to draft a letter to the cities asking them for a response to the transit funding.

     Mr. Grace stated what the Board is asking staff to do is come back with the alternatives, what the needs are, where they are today and try to give them some choices.

     Commissioner Carey stated a Mayors and Managers work shop is scheduled in May. 

     Chairman Henley stated he believes the consensus is to authorize staff to move with the four top priorities, as recommended by Mr. Grace, and to come back with some options.  Staff will also draft a letter to the cities regarding the transit funding.

CHAIRMAN’S REPORT

     No Report.

COMMUNICATIONS AND/OR REPORTS

 

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

1.        Letter dated 3/24/05 to Chairman from Michael Snyder, Executive Director-Orlando-Orange Co. Expressway Authority, re: 2030 Master Plan Workshops.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer)

 

2.        Letter dated 3/18/05 to Chairman (with attached CD) from R. Gregory Rockwell, Director, Division of Financial Management-St. Johns River Water Management District, re: 2004 Comprehensive Annual Financial Report.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director, Public Works Director, Stormwater Manager)

 

3.        Letter dated 3/17/05 to BCC from John Ferring re: Winter Springs Senior Citizens Center.  (cc:  Co. Manager, Deputy Co. Managers, Community Development Block Grant Manager)

 

4.        Letter dated 3/17/05 to BCC from Senator Paula Dockery-Senate District 15, re: Support of alternative water supply sources.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Environmental Services Director)

 

5.        Amended Notice of Customer Service Hearings for Florida Power and Light Company.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

6.        Notice of City of Sanford Rezoning Public Hearing on April 7, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

7.        Copy of letter dated 3/17/05 to Michael Ertel, Supervisor of Elections (with attachment), from Paul Craft, Bureau of Voting System-State of Fla.-Department of State, re:  Voter accessible interface device installation requirement.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

8.        Letter dated 3/22/05 to Chairman (with attachment) from Jeffrey Bartel, Vice President, External Affairs-Florida Power and Light, re: Petition to increase retail base rates.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

9.        Copy of letter dated 3/18/05 to Russ Gibson, Planning & Community Development Director-City of Sanford, from Matthew West, Planning Manager, re: Joint Planning Agreement negotiations. 

 

10.         Copy of letters dated 3/22/05 (with attached resolution) to Florida Congressional Members from the Chairman re: Request to maintain the Community Development Block Grant Program funding.  Officials receiving the letter were:  Senator Bill Nelson, Senator Mel Martinez, Representative John Mica, Representative Corrine Brown, and Representative Tom Feeney.

 

11.         Letter dated 2/23/05 to Fla. State Clearinghouse-Dept. of Environmental Protection (with attachments) from Anne Brewer, District Project Development & Environmental Engineer-District 5 Fla. Department of Transportation, re: Advance notification for Wekiva Parkway Project Development. 

 

12.         Contracts for services, as shown on page ________, between Seminole County and the following:  Clifford Howard (Slow Pitch Softball Field Supervisor), Joseph Larosa (Slow Pitch Softball Scorekeeper), Francis Bussey (Slow Pitch Softball Scorekeeper), and Paul Serrano (Slow Pitch Softball Scorekeeper).

 

13.         Copy of letter dated 3/23/05 to Victoria Aber from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

14.         Memorandum dated 4/4/05 to BCC, Co. Manager, Deputy Co. Managers (with attachment) from David Johnson, Property Appraiser, re: Property Owner Hurricane Tax Relief.

 

15.         Copy of letter dated 3/30/05 to Fla. State Clearinghouse, Dept. of Environmental Protection (with attachments) from Anne S. Brewer, Project Development & Environmental Engineer-FDOT District 5, re: Advance notification for International Parkway/SR 417 Interchange Project Development and Environment Study.

 

16.         Letter dated 3/25/05 to BCC (with attached publication) from Raymond Gilley, President & CEO-Metro Orlando Economic Development Commission, re: 2005 Orlando Film Book.

 

17.         Letter dated 3/30/05 to Chairman from Stephen Wolfram, Chairman-Seminole County Alliance for Children and Families, re: Proposed use of Children’s Village buildings.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Administrative Services Director, Support Services Manager, Co. Attorney)

 

18.         Copy of memorandum dated 3/25/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

19.         Copy of memorandum dated 4/1/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

20.         Letter dated 3/29/05 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Public Hearing Notices for Proposed Annexations on April 11, 2005.  (cc:  Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Property Appraiser, Supervisor of Elections)

 

21.         Copy of letter dated 3/30/05 to Gloria Wade, The Animal Welfare Alliance of Central Florida (with original Correspondence attached) from Commissioner Morris re: Priority work session interpretation.

 

22.         Letter dated 3/25/05 to Chairman from Bruce Williams, Finance & Accounting Director, Revenue Accounting Sub-process-Florida Department of Revenue, re: Local Option Gas Tax distribution percentages for Fiscal Year 2005/06.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director [for response], Co. Finance Director)

 

23.         Copy of letters undated from Chairman re: Appreciation for Hurricane Relief check to the following:  Elizabeth Taylor, Fab Follies Productions; and Betsy Nein, Fab Follies.

 

24.         Copy of Correspondence undated to Senator Constantine from Mark Hoefling, Cygnus, re: Wi-fi bills in State Legislature.  (cc:  BCC, Co. Manager Deputy Co. Managers, Information Technology Director)

 

25.         Copy of letter dated 3/28/05 to Don Fisher, Deputy Co. Manager, from Bob Cortes, Cortes Towing Service, re: Amending the Towing Ordinance.

 

26.         Copy of memorandum dated 3/29/05 to Seminole County City Mayors (with attachment) from Chairman re: Letters of opposition to Legislative Delegation.

 

27.         Letter dated 3/28/05 to Chairman from Kenneth McIntosh re: Cameron Heights Large Scale Amendment and Rezoning request for continuance to May 10, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Co. Attorney)

 

28.         Memorandum dated 4/11/05 to BCC from Sally Sherman, Deputy Co. Manager, re: Iron Bridge Water Reclamation Facility.

 

29.         Public Notice from Department of the Army re: Application for Forest Lake Academy to fill 3.5 acres   of wetlands.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Stormwater Manager, Public Works Director)

 

30.         Letter dated 4/7/05 to BCC (with attachments) from Gloria Lewis, Director, Division of Permit Data Services-St. Johns River Water Management District, re:     Application for proposal to withdraw .27 million gallons of water daily for Markham Woods Golf Club.  (cc:  BCC, Co. Manager, Deputy Co.     Managers, Environmental Services Director, Public Works Director, Support Services, Stormwater Manager)

 

31.         Memorandum dated 4/08/05 to County Commissioners (with attached report) from Nadine Miller, Program Director-Guardian Ad Litem Program, re: Report to the Juvenile Court-Independent Living Advisory Panel.

 

32.         Memorandum dated 4/08/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from    Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

33.         Copy of letter dated 4/07/05 to Gerald Seeber, City Manager-City of Oviedo, from J. Kevin Grace, Co. Manager, re: Shane Kelly Park update.

 

34.         Copy of letter dated 4/08/05 to John Ferring, President-Senior Citizens Association of Winter Springs, from Robert Heenan, HUD Grants Coordinator re: Receipt of funding request. (cc:  BCC, Co.      Manager, Deputy Co. Managers, Community Services Manager)

 

35.         Letter dated 4/05/05 to Property Owner (with attachments) from Chad Luedtke, Project Manager-HDR Engineering, re: Notification of Upcoming Project Development & Environmental Study of the International Parkway/SR 417 Interchange.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer, Support Services)

 

36.         Copy of letter dated 3/30/05 to Betty Phillips from Kenneth Roberts, Director-Public Safety, re: Appreciation for donation of handmade dog pads.

 

37.         Letter undated to Chairman from Sophie O’Keefe, Community Relations Manager-Progress Energy,     re: Upgrading electric meters in the Community.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

38.         Letter dated 4/04/05 to Chairman from Linda Watson, Chief Executive Officer-LYNX re:  Information on ADA service funding.  (cc:  BCC)

 

39.         Letter dated 3/31/05 to BCC (with attachments) from John Saboor, Executive Director and Doug Barclay, Seminole Co. Marketing Manager-Central Fla. Sports Commission, re: Activities in March 2005.

 

40.         Email dated 4/05/05 to Chairman (with attached fact sheet) from Michael Proctor re: Concerns with UCF stadium proposal.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

41.         Contracts for services, as shown on page ________, between Seminole Co. Government and the following:  Clifford Ray Franke   (Umpire Slow Pitch Softball), Victoria L. MaComber (Umpire Slow Pitch Softball), and Llewellyn Patterson (Umpire Slow Pitch Softball).

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley recommended appointing George Dawkins to the Parks & Recreation Advisory Board, and to approve a Resolution commending Jane Harrison for her services to same.

     Motion by Commissioner Morris, seconded by Commissioner Dallari to appoint George Dawkins to the Parks & Recreation Advisory Board for an unexpired term ending January 1, 2006; and adopt appropriate Resolution #2005-R-73, as shown on page _______, commending Jane Harrison for her services to same.

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     Commissioner Morris stated he and Commissioner Henley attended the Citizens Academy and spoke to the graduating class.  He stated Commissioner Dallari passed the course and he received his certificate.  He said the next class is filling up rapidly and it is scheduled in September.  He added this is a great way to learn how the County operates and if anyone is interested in the course, they can call the County Manager’s office or visit the website.

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     Commissioner Morris advised the Big Tree Park dedication is scheduled at 10:00 a.m. on Thursday, April 14, 2005.  Staff and the volunteers have done great work in getting that park cleaned up after three hurricanes.  The oldest tree is called the Senator and Geneva Elementary students have named another tree Lady Liberty.  He stated Chairman Henley will be giving a speech.

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     Motion by Commissioner Carey, seconded by Commissioner Morris to appoint Grace Chewning to the Code Enforcement Board for a 3-year term ending January 1, 2008.

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

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     Motion by Commissioner Carey, seconded by Commissioner Dallari to reappoint Mike Holland to the Swimming Pool Contractors Board for a 1-year term ending January 1, 2006.

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

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     Commissioner Carey updated the Board on the Envision Seminole Health Summit that she, Chairman Henley, David Medley and Don Fisher attended on Thursday, March 31, 2005.   She stated there was some valuable information about how to deal with the health issues in Seminole County.  She said hopefully, Mr. Fisher can follow up on that to make sure that comes to the Board.

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     Commissioner Carey stated she attended the Mental Health Task Force meeting on Friday, April 1, 2005, and they expressed their appreciation for the support and money they received in order to get a $1 million grant.

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     Commissioner Carey informed the Board that approximately 6,000 people attended the grand reopening of First Street on Saturday, Apri1 2, 2005.  She stated a lot of activities were planned.  She suggested talking to some of the “Highwaymen” artists to see about spreading their work around the County.

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     Commissioner Carey stated at the OSIA Board meeting on April 5, 2005, Mr. Dale reported that the U.S. Customs has made a complete turnaround in their attitude toward the airport.  She stated Mr. Dale expressed his appreciation to the Board for communicating to the Congressmen and Senators who helped on this.  She said they are working together in expanding the Customs area and staffing it.  Allegiance Airlines will be starting a new service at the airport on May 26, 2005.

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     Commissioner Carey stated she spent a week riding with the Code Enforcement Officers and it was very informative.  She stated she would encourage the Board to spend time with the Code Enforcement Officers.

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     Commissioner Carey asked Sally Sherman, Deputy County Manager, to help coordinate the efforts of cleaning up Bookertown.

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     Commissioner Carey reminded the Board of the Volunteer Appreciation dinner scheduled for Thursday, April 14, 2005. 

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     Commissioner Carey stated the Central Florida Education Summit is scheduled for Thursday, April 21, 2005. 

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     Commissioner Carey advised that the Florida Department of Transportation (FDOT) is kicking off the SR 46 project along the airport area on Thursday, April 21, 2005 at 6:00 p.m. at Midway Elementary.

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     Commissioner Carey advised that the Goldsboro front porch project is coming up on Saturday, April 23, 2005.  She stated she had an opportunity to meet with the gentleman who is going to build it and it is a much nicer product than some of the affordable housing she has seen.

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     Commissioner Dallari thanked staff for the Citizens Academy as they did a wonderful job.  He stated from a citizen’s perspective, he has heard nothing but accolades from everyone that was in the class.  He stated he would like to thank Gary Johnson and Bob Adolphe for helping him with the snocwater issue.

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     Commissioner Dallari advised that the Taste of Oviedo is being held this Saturday, April 16, 2005, and he would like to see as many people out there as possible.

 

 

COUNTY MANAGER’S REPORT

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize Chairman to execute Hold Harmless Agreement, as shown on page ________, with Lo Bros. Enterprises, for an event at Big Tree Park on Thursday, April 14, 2005.         Districts 1, 2, 3, 4 and 5 voted AYE.

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     The Chairman recessed the meeting at 3:50 p.m., reconvening at 7:00 p.m., with all Commissioners and all Other Officials, with the exception of Commissioner Morris, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

FINAL MASTER PLAN

DEEP LAKE PUD/CHARLES MADDEN

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approving the Final Master Plan and Developer’s Commitment Agreement for Deep Lake PUD, property located on the south side of SR 426 and the west side of Deep Lake Road, Charles Madden, received and filed.

     Jeff Hopper, Senior Planner, presented the request stating the staff recommends approval with the clarification to the Developer’s Commitment Agreement, page 1, to eliminate the square foot limitations for Commercial/Office Use (Item III.C.) and substitute the .35 floor area ratio for Tracts F and G.

     Charlie Madden, applicant, representing Ryland Homes, addressed the Board to state they have implemented the conditions of the approved, recorded Development Order.  They had the neighborhood meeting that was indicated in the development order and he thinks that went very well.  He said he understood they are here tonight for additional review of the plan to ensure they are following the orders that were placed in the Development Order.  Although there is a draft final Developer’s Commitment Agreement in the agenda packet, he is not sure that is to be approved tonight.

     Chairman Henley advised the Board approved the Development Order early on and stipulated the applicant would come back for final review to see if the applicant had met with the neighborhood group and fulfilled what the Development Order required.

     Mr. Madden stated he has a problem with the issue of the sidewalks being provided adjacent to all the dwelling units.  He explained what they have been doing recently is putting in sidewalks on one side of the road and increased them to five feet where located internally in the project.  He said they would like to do that with this project.  He stated this is not a written Land Development Code issue but they have been addressing this on a case-by-case basis.  The plan provided has four-foot sidewalks on both sides.  He requested permission to allow five-foot sidewalks on one side of the road with the sidewalks to be located in front of the most units to ensure they are on the outside of the loop.

     Upon inquiry by Chairman Henley, Mr. Hopper said staff is recommending the sidewalks on both sides of the road.

     Mr. Madden said the desire with another project was to get the five-foot sidewalks in front of as many units as possible.  He showed the Final Master Plan, pointing out the “L” shape, and said it does not make sense to have sidewalks on the north side of the roadway where there are no units.  He explained that single family subdivisions typically have lots on both sides of the road.  They are getting into a lot of situations with parcels with odd configurations and there is no room on both sides.  That’s why he thinks it’s a case-by-case basis.  He thinks the five-foot sidewalk on one side should work here.  He would want to put in the sidewalk in front of the most number of units on the south side.

     Upon inquiry by Commissioner Carey, DCM Don Fisher advised the Land Development Code has a subdivision category that says sidewalks will be installed on both sides of the street.  It has been a matter of practice that exceptions have been made.  He said this project is similar to the one off CR 427.  He stated the staff position is that the sidewalks should be according to the Code. 

     Upon inquiry by Chairman Henley, Mr. Hopper said the .354 ratio would allow at least 50% greater amount of floor area on the site.

     Commissioner Van Der Weide recalled the problems with a development in his community with the turning ratios, parking garages off the alley, and amount of parking spaces.  He asked how does this project compare with the one in his area and if the tests had been applied to this project.

     Mr. Fisher said this is a front entry project so there is a little more ability to maneuver.  There is enough room to park in front of the units so pedestrian movements and such won’t be blocked.  He doesn’t see the same problems with this site as the one referenced by Commissioner Van Der Weide.  He advised Chairman Henley that staff is still recommending the sidewalks on both sides throughout the development.

     Annette Russell, 5220 N. Burkette Lane, addressed the Board to state she lives directly west off South Tuskawilla Road and has full view of the project’s side.  Her primary concern is for the trees and what the applicant is going to put on the road.  She asked who decides which trees stay and which ones get plowed over.  She has four, 64-foot trees that she believes are in the ten-foot buffer and she would like to see them undisturbed.

     Chairman Henley advised that is the purpose of Item W in the Development Order requiring a tree survey.  Staff would know how many trees there are and which ones would have to come down.  This would be determined partly due to the layout and with agreement of the County.

     Ms. Russell said the Development Order requires vinyl siding fence to go along Tuskawilla Road.  She asked if they could have some landscaping to cover that or change that to an aluminum fence.

     Chairman Henley stated the Development Order has not been opened up for discussion at this point.

     Wendy Saliga, 3055 Tuskawilla Road, addressed the Board to state she sent a letter earlier today.  She said her impression from the last meeting was that the reason they were having the community meetings was to smooth out some concerns from the Development Order.  She did not have the impression it was closed.  She thinks for the most part the Development Order and the additions and amendments were good.  Two items she would like clarified on the Record are the landscaping details--they would like to have commitments from Ryland Homes or from Mr. Madden to work with them to clean up the buffer that was disturbed by the hurricanes; and the approximately 200 feet of PVC white vinyl fence.  This is supposed to be similar in character to the Centex project on the other side of the easement.  They want the fence for the Ryland project as originally planned for the Centex project which was for a black vinyl fence with hedges lining the street.

     Chris Saliga, 3055 Tuskawilla Road, addressed the Board to state they will be the watch dogs for all the property, the landscaping and development that goes on.  He said he agrees with his wife that they did not get the impression at the last meeting that tonight’s public hearing was basically a formality.  He thought because of all the miscommunication and the problems that went forward, the meetings set up with Mr. Ryland were in conjunction with the Development Order to make sure all the i’s got dotted and t’s got crossed.  He agreed with Commissioner Carey that the problem with the Centex development was enforcement.  He said since Ryland Homes met with them, they have not seen anything in writing.  He has learned that if it is not written, it’s not true.  They are asking for some things they have already talked to Ryland about.  He wants to be sure Ryland is not building one foot from the water and wiping out the buffer.  He explained they are here to make sure the things they spoke about get enacted.  He further stated that Mr. Pearlman has assured him that this would not be student housing and he does doubt it would ever be such at the prices of the units.

     Mr. Madden addressed some of the concerns raised.  He said if they were to put in four-foot sidewalks on both sides of the road, they would have to shift the units back four feet and that would impact the wetlands another four feet.  They have maintained a 15-foot minimum buffer against that wetland.  He agreed with Mr. Saliga that they would like to maintain as much of the wetland in place as possible. 

     Commissioner Dallari asked Mr. Madden to address the five issues in the letter from the Saligas.

     Commissioner Dallari disclosed he had received a letter (copy received and filed) from Chris and Wendy Saliga this evening and sent copies to the County Commission and staff.

     Mr. Madden stated regarding (1) the wetland, they have been through the St. Johns River Water Management District over the past several months and they are aware of all the issues, and that has been taken into account in the wetland and stormwater analyses they did.  (2) This project will not be marketed as student housing and there is no desire to attract students to this development.  (3) Ryland Homes has agreed they would be willing to extend a water service.  He explained, for the Record, that they will have to do a wall in the 60-foot “undisturbed” buffer.  He said it’s not really “undisturbed.”  They will do a wall along the property line and now they have been requested to extend the water service to the property line.  Ryland is agreeable to doing that.  He said the sewer issue will not work because it’s a gravity feed and there is no way to accommodate a sewer.  He said Ryland does not design the power system, but will send the plans to the power company so he doesn’t know how to respond to the underground power lines.  They will do underground services within their project, but he doesn’t know where the feeds will go.  That is to be determined.  (4) It’s in the Developer’s Commitment Agreement and the Development Order, Items J, K, and L, deal with the issue of landscape details.  He said they would be fine continuing the same pattern as Centex, but the Saligas have said they put the hedges in the wrong place, and this gets into what looks better.  He said the landscape architect is the same one who did the Centex landscape and they will be certain he takes into account the comments by the Saligas and could have him talk to them.  He noted that the Developer’s Commitment Agreement says there will be a white PVC fence and if the Board wants to leave some flexibility with that, they need to modify that language.  (5) His comments for #4 also address the #5 issue.

     No one else spoke in support in or opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for the Deep Lake PUD, with the following amendments:  with the five-foot sidewalk only on the south side where the single units are located on the north leg, and the developer will put in the black vinyl fence with a hedge on the Tuskawilla side.

     Under discussion, Commissioner Carey asked for clarification on the recommendation by staff on changing the commercial to .354 floor ratios.  Commissioner Dallari said he was not accepting that because he did not hear the applicant’s opinion this evening on this recommendation.

     Tom Garrow, Roche Development, addressed the Board to state he would support the .354 floor ratio.  He said they are looking to put a pharmacy on the first lot at the corner and put a medical office building on the back lot. 

     Mr. Hopper reported that .354 ratio on Tract F would result in a maximum of 37,352 square feet; and on Tract G, 22,411 square feet.  That is assuming they can also provide parking, retention and everything else required in the Code. 

     Commissioner Dallari pointed out the Development Order says 20,000 and 13,000 square feet.  Mr. Garrow explained that was a submission made two years ago and should not have been submitted with this request. 

     Mr. Hopper advised those square footages were not in the original Development Order but were shown on the Preliminary Master Plan.

     Whereupon, Commissioner Dallari amended his motion to include the .354 floor ratio for Commercial Tracts F and G.  Commissioner Carey agreed to the amended motion.

     Districts 1, 3, 4 and 5 voted AYE.

     Upon inquiry by Mr. Madden for clarification, Commissioner Dallari concurred the applicant would extend the five-foot sidewalk on one side around to the cul-de-sac; and the five-foot sidewalk would be on the main road starting from Deep Lake Road all the way and the other roads would have four-foot sidewalks.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:38 p.m., this same date.

 

ATTEST: _____________________Clerk___________________Chairman

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