BOARD OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide
(District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
The Invocation was given by Commissioner Henley.
Commissioner Maloy led the Pledge of
Allegiance.
Awards
and Presentations
Mike
White, past State Commander for the Department of Florida Veterans of Foreign
Wars, addressed the Board to present the VFW Excellence Award to Bill Scally, Veterans Service Officer for
Seminole County, in appreciation for his excellence and service to Seminole
County Veterans. Mr. Scally expressed
his thanks for the award.
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Sandy Robinson, Seminole County School
Board member, addressed the Board to present a Resolution adopted by the
School Board commending the
Board of County Commissioners for
their exemplary partnership efforts and
support for Seminole County Public Schools.
Along with Ms. Robinson in attendance making the presentation were
School Board members DeDe Schaffner, Larry Furlong, Jeanne Morris and
Superintendent of Schools Dr. Bill Vogel.
Chairman McLain accepted the Resolution on behalf of the Board.
Commissioner
Van Der Weide stated he thinks it is a great relationship the BCC has with the
School Board and the sales tax effort in particular is a great initiative.
Commissioner Henley expressed he can’t say
thank you enough to the School Board for the Resolution. He stated the County and Commission cannot
afford to allow any degradation in the school system. It has been one of the great assets in attracting industry and
business in this district.
Commissioner Morris expressed thanks for
the School Board members being in attendance today. He said so many people don’t understand local government and the
State Charter with separation of the School Board and County Commission. People are also not aware of how many issues
the BCC deals with concerning youth in general. Many areas are directly tied with the School Board. He expressed thanks for them mentioning the
Pre-K initiative and said Seminole County was the first one to do that in the
State of Florida and the only county never recognized for it. He also thanked the School Board for making
it easy to be a partner with them.
Commissioner Maloy expressed appreciation
and thanks for having the School Board members in attendance this morning.
Chairman McLain said thank you to the group
for serving as School Board members and for the excellent job they have
done. He said they have a wonderful
staff and teachers and need to keep it that way. He is interested in working together to make sure they keep the
school system #1.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to adopt appropriate Resolution #2004-R-66, as
shown on page _______, commending William “Bill” Miller as recipient of the
2004 Success In Seminole Magazine Success Award.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman McLain stated the Resolution will
be presented at a later date.
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Motion by Commissioner Henley, seconded by
Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-60, as
shown on page _______, proclaiming the week of April 12-18, 2004 as “National
Community Development Block Grant Week.”
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Henley presented the
Resolution to Eugene Chambers, Community Development Program Manager, who
thanked the Board on behalf of the Community Development/Community Resources
Office. Mr. Chambers stated he will be
bringing a presentation before the Board today during the County Manager’s
Briefing.
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Motion by Commissioner Morris, seconded by
Commissioner Henley, to adopt appropriate Resolution #2004-R-63, as
shown on page _______, proclaiming
the week of April 19 – 23, 2004 as “National County Government Week” in
Seminole County.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner
Morris presented the Resolution to Gary Johnson, Public Works Director, who
expressed thanks for recognizing this important week. He invited the Board to the Information Day to be held at the
Seminole Towne Center Mall this Sunday from noon to 4:00 p.m.
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Motion by Commissioner Van Der Weide, seconded by
Commissioner Henley, to adopt appropriate Resolution #2004-R-62, as shown on
page _______, proclaiming
April 22, 2004 as “Volunteer Appreciation Day” in Seminole County.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner
Van Der Weide presented the Resolution to Fran Newborg, District 2 Aide, who
expressed, on behalf of the Seminole County staff and Board of County
Commissioners, thanks to the citizens of Seminole County for their support and
commitment to the volunteer work they do.
She announced Volunteer Appreciation Dinner will be held on April 22,
2004, and said she hopes many will come and allow the County staff and BCC to
show their appreciation.
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Motion by Commissioner Morris, seconded by Commissioner
Henley, to adopt appropriate Resolution #2004-R-64, as
shown on page _______, proclaiming
the week of April 18 - 24, 2004 as “National Library Week”.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner Morris presented the
Resolution to Mrs. Libby Harper, who expressed her thanks. Beverly Myers of the Library Advisory Board
was also in attendance.
Chairman McLain stated the Board
appreciates all the hard work and time the volunteers put into the library.
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Motion by Commissioner Maloy, seconded by Commissioner Van
Der Weide, to adopt appropriate Resolution #2004-R-65, as
shown on page _______, proclaiming
the month of April “Child Abuse and Neglect Prevention Month”.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner Maloy presented the Resolution to Nancy Crawford, Executive Director of Kids House of Seminole, who expressed her thanks. She stated Child Abuse Prevention Month is a national program originally started in honor of children who died from child abuse, so they take it very seriously. Also attending were Capt. Barnett and Sergeant Wedding of the Sheriff’s Office, and Paul Fanelli of Kids House.
Commissioner
Morris commended the BCC for its partnership with the Sheriff’s Office and Kids
House for this very important work. He
said this group is actually building a facility and the Board will hear more
about that later.
Chairman McLain advised Item #40, Satisfaction of Lien for Amir M. and Deborah Golchini, is being pulled from the agenda.
Mr. Grace stated staff is aware of an error in the document for Item #41, Resolution accepting Warranty Deed for roadway improvements to Upsala Road, but staff wants the Board to approve the item and the error will be corrected before the document is signed by the Chairman.
Commissioner
Maloy asked why Item #40 is being pulled.
County Attorney Robert McMillan stated there never was a lien filed.
Matt West, Planning Manager, addressed the
Board to state there was a fine instead of a lien on the property, so the Code
Enforcement Board Chairman can sign the necessary document.
Commissioner
Maloy stated he had received a message from Ernie Hatton this morning that said
he was not involved in Item #29, Award IFB-3081-04, with selecting a
contract. Commissioner Maloy said this
item has had several problems. This is
another reason why not to include maintenance in a MSBU in the future.
Ray Hooper, Manager, addressed the Board to
respond to Commissioner Maloy that the current contract is about to
expire. He said his office did comply
with the policies and procedures. If
the Board decides to go to the second bidder, staff would probably have to
rebid the item.
Mr. Grace said the problem they had in the
past is that Mr. Hatton and others would like to make all the decisions. Due to the fact this is public money, the
staff has to go through purchasing procedures; whereas, Mr. Hatton would like
to just pick someone.
Upon request by Commissioner Maloy, Chairman McLain
pulled this item until the 1:30 p.m. meeting.
Commissioner Morris asked wouldn’t it make sense for Mr. Hatton and the others to sit in on the procurement process.
Kathy Moore, Fiscal Services, addressed the
Board to state Mr. Hatton was notified in writing that the contract would
expire and they had a chance to review the bid package and give any changes in
the scope of services. They were
notified again when staff received the bids back. They were also notified that staff was recommending the low bidder. Mr. Spazorio, community liaison, indicated
he was in support of continuing the contract with the current company.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide,
to approve and authorize the following:
9. Adopt appropriate
Resolution #2004-R-67, as shown on page _______, amending Resolution 90-R-49,
Section 129.03, Florida Statutes, to authorize the Sheriff’s Office to submit
its proposed budget on June 1st of each year rather than May 1st.
10. BCR #04-09 – $75,000 – Information Technologies – Information
Services – Fund: 00100 – General Fund.
Accounting adjustment is being made to appropriately classify the
purchase of software as an operating expense.
11. BCR #04-18 – $8,000 – Public Safety – EMS/Fire/Rescue – Fund: 12300 – Fire/Rescue Impact Fees Fund. When the specifications for the new Emergency Response Command and Control Unit were issued, they were based on information available at the time, with a bid price of $380,000 (including radios). Since the award of the Purchase Order, Motorola has announced the discontinuation of the radio model used in the bid request. The upgrade to the new model radios is approximately $8,000 which staff is requesting to be transferred from undesignated capital (Impact Fees).
12. BCR #04-19 – $550,000 – Public Safety – EMS/Fire/Rescue – Fund:
11200 – Fire Protection Fund. Request
to transfer funds from two fire station renovation projects to Training Center
renovation, including roof replacement.
Funds that were budgeted for Fire Station renovations are being
reprioritized to this project.
13. BCR #04-20 – $73,339 – Public Safety – Emergency Management HAZMAT – Fund: 00100 – General Fund. Staff requests redesignation of 03/04 Capital budget items to reprioritize the Hazmat Planning Grant items. This adjustment of funds will address critical department needs under the direction of the Public Safety Director. It will provide funds for the procurement of Hazardous Materials/Weapons of Mass Destruction Terrorism/and Technical rescue equipment for Special Operations emergency response. This is a funding neutral request.
14. BCR #04-21 – $20,000 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Protection Fund. Several of the extrication tools have had mechanical failures due to various parts that cannot be repaired. Remaining parts were combined to keep a tool in service. Staff requests funds be transferred to accommodate the purchase of one new complete tool to replace the out-of-service unit.
15. BCR #04-22 – $83,585 – Public Safety – E911 – Fund: 12500 – E911 Fund. Transfer request to place funds in the correct account line for the purchase of the EARS 2001R recorders and desktop control modules under Contract RFP-4132.
16. BCR #04-23 – $44,150 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire/Rescue Impact Fees Fund. EMS/Fire/Rescue has received a peak load Transport Capable Unit that was purchased out of Impact Fees. Request to use undesignated Capital Impact Fees to purchase items for new apparatus. Because it is not a replacement unit, capital items are needed prior to placing it into service. These items are: Defibrillator, 2 Mobile Radios, 2 Portable Radios, Nitrous Oxide Unit and Scoop Stretcher.
17. Adoption of appropriate Budget Amendment Resolution #2004-R-68, as shown on page _______, $50,000 – Public Works/Engineering: 11500 – 1001 Sales Tax Fund and 12601 – Arterial Road Impact Fee Fund. This budget transfer of $50,000 is necessary to accommodate additional funding requirements for an April 13, 2004 Purchasing Division agenda item awarding the CR 46A PH II screen wall at Mayfair Oaks Subdivision to Schuller Construction. The CR 427 Project can provide the majority of the funds ($36,500) needed for the construction of the wall (CR 427 land acquisition for this phase is substantially complete). The remainder of funds ($13,500) for the wall construction can be provided by Arterial Road Impact Fee Reserves.
18. Adoption of appropriate Budget Amendment Resolution #2004-R-69, as shown on page _______, $60,000 – Planning & Development: 00103 – Natural Lands Endowment Fund. Based on a contract between Seminole County and United Associates Properties, Inc., approved by the Board of County Commissioners on March 23, 2004, United Associates Properties, Inc., has provided $60,000 to fund a restoration plan of the Econ Wilderness Area. These funds will be used and applied toward the following activities: (1) Construction of a weir to restore the natural water flow to the Econ Restoration Area; (2) removal of dead or dying trees and vegetation from the Econ Restoration Area; and (3) monitoring the ecological changes and progress in the Econ Restoration Area for a period of at least five years.
19. Authorize scheduling and advertising a public hearing on April 27,
2004, at 1:30 p.m. for the Mid-year Budget Amendment for FY 2003/04. Staff
requests authorization to advertise and hold a public hearing for the purpose
of reconciling budgets of all funds to reflect actual cash balances brought
forward from FY 2002/03 to FY 2003/04 as reflected in the 2003 year-end CAFR,
to reconcile rebudgeted project amounts to actual year-end totals and various
other requested operational adjustments.
20. Set aside the award of CC-1216-03/TLC – Mayfair Oaks Subdivision Barrier Wall to Contemporary Construction Southeast, Inc., Holly Hill and instead award Contract, as shown on page _______, to Schuller Contractors, Inc., Orlando ($226,000.00).
21. Accept and authorize the Chairman to execute the Certificate of
Final Completion, as shown on page ______, for CC-1207-03/BJC – Greenwood Lakes
WTP Sodium Hypochlorite Feed System.
22. Accept and authorize the Chairman to execute the Certificate of
Final Completion, as shown on page _______, for CC-1183-02/BJC – NWRWWTF
Reclaimed System Improvements and SR 46 T.M. with CenState Contractors, Inc.
23. Approve
Ranking List, authorize negotiations, and award an Agreement, as shown on page
_______, for PS-5155-04/AJR – CEI Services for East
Lake Mary Blvd., Segment IIB.
24. Approve
Ranking List, authorize negotiations, and award a Master Agreement, as shown on
page _______, for PS-5157-04/AJR, Wekiva Springs Road Project (from Wekiva
Springs Lane to Sabal Palm Drive).
25. Approve
Amendment #13, as shown on page _______, to PS-332-96/BJC – Engineering
Services for Lake Emma Road, with Bowyer-Singleton & Associates, Inc. of
Orlando (Time Extension).
26. Approve
First (Final) Renewal to RFP-4102-00/BJC – Disclosure Counsel Services for
Seminole County Government with Holland & Knight, LLP, Orlando (April 27,
2004 through April 27, 2006).
27. Award IFB-3080-04/GMG, as shown on page
_______, Term Contract for Fire Alarm Monitoring, Inspections, Testing and
Maintenance to Audio Systems of Florida, Inc., Longwood (Initial Contract
Period three (3) years).
28. Award IFB-3082-04/GMG, as shown on page
_______, Term Contract for Snack Vending Machines, to Lance, Inc., Charlotte,
North Carolina (17% commissions on gross receipts).
29. Continued until the 1:30 p.m. meeting
the request to Award IFB-3081-04/GMG - Term Contract for Cedar Ridge Grounds
Maintenance and Internal Improvements Services Agreement, to Green Earth
Corporation, Geneva (Initial Contract Period three (3) years).
30. Approve
Renewal #3 to A/B-391-00/GMG – Term Contract for Roadway Pond Mowing – Turf
Maintenance of Drainage Areas, with The Bon Terre Group, Orlando and Ott
Landscaping Maintenance, Inc., Deland (July 26, 2004 through July 25, 2005).
31. Approve
Renewal #2 – Final to A/B-3015-01/GMG – Term Contract for Moving Services
throughout Seminole County, with Graebel/Orlando Movers, Inc., Orlando
(September 6, 2004 through September 5, 2005).
32. Approve
Renewal #2 – Final to A/B-3024-01/JVP – Term Contract for Aerator (Pressure
Washing) Services, with Awnclean USA, Tampa (July 25, 2004 through July 24,
2005).
33. Approve
Renewal #2 to A/B-3025-01/GMG – Term Contract for Mowing and Ground Maintenance
Services for Group B – Five Points Locations, with Omega Landscaping, Tavares,
and Ameriscapes Landscape, Inc., Orlando (August 21, 2004 through August 20,
2005).
34. Approve Proprietary Source Procurement and
authorize the issuance of a Purchase Order for the Purchase of the Upgrade to
the Computerized Meter Reading System and Training for Environmental Services
Department, with Northrop Grumman Information Technology, San Diego, CA
($32,200.00).
35. Adopt appropriate Resolution #2004-R-70, as shown on page _______, renaming Orange
Ridge Drive to Orange Ridge Circle; and authorize Chairman to execute
same.
36. Authorize termination of the amended
Affordable Housing Subrecipient Agreement with the Center for Affordable
Housing, Inc. to develop a group home in participation with JUTE, Inc.
Development Review
37. Authorize Release of Irrevocable Letter of
Credit #SM206659W (Wachovia Bank) ($83,110.51), 1/22/04 for Roads, Streets
& Drainage and Water & Sewer for Kenmure Subdivision (Ellsworth
Gallimore of Butler Ridge Development, Inc.).
38. Approve Final Plat of Lake Forest Section 13A
consisting of 11 single family residential lots zoned PUD (Planned Unit
Development) on a 7.3 acre parcel, located on the north side of SR 46,
approximately one mile west of I-4 (Orlando Lake Forest Joint Venture, Richard
D. Bavec).
39. Approve Final Plat of Lake Forest Section 14
consisting of 38 single family residential lots zoned PUD (Planned Unit
Development) on a 23.7 acre parcel, located on the north side of SR 46
approximately one mile west of I-4 (Orlando Lake Forest Joint Venture, Richard
D. Bavec).
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY ATTORNEY’S REPORT
Mr. McMillan advised he has one additional item for the agenda. He said at the last meeting, the Board
approved, under the County Manager’s Report, an agreement concerning improvements
to Vihlen Road on Kay’s Landing. The
parties are closing on the property soon and they need to get certain
properties for the County as part of that agreement. They have submitted the documents today and he is providing them
for the Board’s acceptance. He said
there are a couple of issues relative to mortgages that they could not get
releases on. Staff is recommending the
Board’s acceptance, subject to them giving an indemnification that if there is
any expense in clearing title to the property, they will pay for whateer
actions are necessary to clear the title.
He distributed copies of the documents to the Board and said this is
Add-on Item #58-A to the County Attorney’s Agenda.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to
approve and authorize the following:
45. Approve proposed settlement relating to Parcel Number 802 of the
County Road 427 Phase I road improvement project, located at 2741 Ronald Reagan
Boulevard South, Altamonte Springs, Roberta
Doskocz and Daniel J. Lefevre, as Co-Trustees of the B.D. McIntosh, Jr.,
Revocable Trust, in the amount of $122,551.00 inclusive of attorney’s
fees and part of the costs.
46. Approve proposed settlement relating to Parcel Number 129 of the
Airport Boulevard Phase III road improvement project, located on the north side
of Bungalow Boulevard, Sanford, Heirs
of Ellie Johnson, in the amount of $12,500.00 inclusive of attorney’s
fees and costs.
47. Approve proposed settlement
relating to Parcel Number 108 of the Airport Boulevard, Phase III road
improvement project, located at 1751 Airport Boulevard, Lewis E. White, in the amount of $42,000.00, inclusive of land
value, severance damage, business damage, statutory interest, attorney fees and
costs.
48. Approve proposed settlement relating to Parcel Number 152 of the
Airport Boulevard Phase III road improvement project, located at 717 Bevier
Road, Sanford, David E. Lee, in the amount of $128,000.00 inclusive
of attorney’s fees and costs.
49. Approve proposed settlement
relating to Parcel Number 215 and 715 of the East Lake Mary Boulevard Phase IIB
road improvement project, located at 3590 Beardall Avenue, Persaud, in the
amount of $62,500.00, inclusive of all land value, severance damage, statutory
interest, attorney’s fees, and costs.
50. Approve proposed settlement relating to Parcel Number 776 of the
Lake Drive, Phase I road improvement project, located at 1488 Seminola
Boulevard, Casselberry, STE Properties,
Inc., in the amount of $4,000.00 for owner’s interest with no attorney’s
fees or cost incurred.
51. Approve settlement of litigation regarding the continued viability
of drainage pipe easements over plaintiff’s property, Vermilio v. Seminole County.
52. Authorize Binding
Written Offers relating to Parcel Numbers 149, 151/751, 152 and 170 of the Lake
Drive road improvement project.
53. Adopt First Amended Resolution #2004-R-74,
as shown on page _______, of Necessity relating to Consumers/Lake Hayes Water
Transmission Main project.
54. Adopt Third Supplemental and Third Amended
Resolution #2004-R-75, as shown on page ______, relating to Lake Drive road
improvement project (from Seminola Boulevard to Tuskawilla Road).
55. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel Number 767 of the Lake Drive road improvement project,
located at 1481 Seminola Boulevard, Casselberry, Primera Iglesia Pentecosta de Casselberry, Inc., in the amount of
$6,000.00 with no fees or costs incurred.
56. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel Numbers 162/862 of the Lake Drive road improvement project,
located at 1533 Seminola Boulevard, Casselberry, Guiseppe Belcuore and Thelma L. Belcuore, in the amount of
$22,000.00 with no fees or costs incurred.
57. Approve and execute Purchase Agreement, as shown on page _______,
and Agreement For Extended Possession, as shown on page _______, relating to
Parcel Number 147 parent track of the Lake Drive road improvement project,
located at 1801 Lake Drive, Casselberry, Gay Lynne Rotunno, in the amount of $220,000.00 with no fees or
costs incurred.
58. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel Number 108 of the Eden Park Avenue road improvement project,
located at 628 Eden Park Avenue, Altamonte Springs, Jim Cannon, in the amount of $78,000.00 with no attorney’s fees or
costs incurred.
58A. Authorize
accepting and recording the Right-of-way Deeds and the Temporary Construction,
Permanent Drainage, and Slope Easements, as shown on page _______; and approve
and authorize execution of an Indemnity Agreement, as shown on page _______,
relating to the Vihlen Road Construction and Drainage Improvement Project.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion
by Commissioner Henley, seconded by Commissioner Morris, to approve and
authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated March 16, 23, & 30, 2004; and Payroll Approval Lists, as shown on page _______, dated March 11 & 25, 2004.
2. Chairman to execute the
following Satisfactions of Judgment/Court Costs:
Michael Derrick Brummett, #97-3034-CFA - $255
Tanya Lynn Miser, #96-1392-CFA - $253
3. Chairman to execute the Satisfaction of Judgment/Bail Bond Lien for Bernard Blackmon and Accredited Surety & Casualty, #02000981-MMA - $201.
4. Approval of BCC Minutes
dated March 9, 2004.
Districts
1, 2, 3, 4, and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received and filed”:
1. Amendment
#1, as shown on page _______, to Work Order #8, RFP-4109-01, Kessler
Consulting, Inc.
2. Work
Order #63, as shown on page _______, to PS-590-01, Metric Engineering, Inc.
3. Memoranda
to BCC from Kevin Grace, County Manager, regarding Capital Project Fund
Transfers for the following: CR 427
Phase I in the amount of $20,000; and CR 426 at Wilderness in the amount of
$50,000.
4. Letters
to Maryanne Morse, Clerk of the Circuit Court, from William O. Monroe, Auditor
General, State of Florida, enclosing Report No. 2004-167 of the Seminole County
District School Board Florida Education Finance Program FTE Students and
Student Transportation for the Fiscal Year ended June 30, 2003; Report No. 2004-145,
Financial Statement Audit of Seminole Community College for the Fiscal Year
ended June 30, 2003; and Report No. 2004-142, Operational Audit of the Florida
Bright Futures Scholarship Program.
5. Contract #M-430-04, as shown on page _______, with Diversified Property Specialists.
6. Work
Orders #65, #68, #69, #70, and #71, as shown on page _______, to PS-590-01,
Minor Roadway and MSBU Design Projects.
7. Change
Orders #2, #3, #4, #5, and #6, as shown on page _______, to CC-1193-02, Pooley
Enterprises, Inc.
8. Work
Order #7, as shown on page _______, to CC-1203-03, Angel-Brite, Inc.
9. Work
Order #22, as shown on page _______, to PS-574-01, The Colinas Group.
10. First Amendment, as shown on page _______, to
PS-5141-03, Bentley Architects & Engineers, Inc.
11. Recorded Development Orders, as shown on page _______, for the following: George & Barbara Milliron; Charles & Danielle Dobbs; Donna L. Canney; Virgil Bryant; Bill & Lisa Harrison; Gregory Gammage; Bonnie L. & Jaime L. Giroux; Raymond Dwyer; William Ainsworth; Lutheran Haven/Donald L. Kovac; and Terri Branhill.
12. Notice from the Florida Public Service
Commission regarding Docket No. 040206-EI, Petition by Florida Power &
Light Company.
13. Proof of Publication, as shown on page _______,
for Legal Ad Retraction regarding Brantley Drive Right-of-Way Vacate from the Orlando
Sentinel.
14. Work Order #13, as shown on page _______, to
RFP-4173-02, American Acquisition Title, Inc.
15. Title Opinions, as shown on page _______, for
the following: Dunwoody Commons Phase
2; Estates on Lake Mills, Phase 2; Trails - Unit 1; and Retreat at Wekiva,
Phase 2.
16. Amendment #2, as shown on page _______, to
Work Order #80, FC-1139-00, Central Florida Environmental Corp.
17. Amendment #1, as shown on page ______, to
Contract M-369-03, Donald W. McIntosh Associates, Inc.
18. Work Order #1, as shown on page _______, to
PS-5152-03, Boyle Engineering Corporation.
19. Work Order #12, as shown on page _______, to
RFP-4173-02, American Acquisition Title, Inc.
20. Work Order #82, as shown on page _______, to
FC-1139-00, Central Florida Environmental.
21. Amendment #1, as shown on page _______, to
Work Order #11, FC-1164-01, Elizabethan Construction Services.
22. Amendment #2, as shown on page _______, to
Work Order #1, PS-582-01, Malcolm Pirnie.
23. Release and Satisfaction of Lien, as shown on page _______, for Geraldine A. Taylor, Case No. 02-CA-2835-14-G, as approved by the BCC on December 9, 2003.
24. Private Road Maintenance Agreement and Letter
of Credit, as shown on page _______, in the amount of $145,980 for Kenmure
Subdivision.
25. Paving and Drainage Maintenance and Escrow
Agreement and Cash Bond, as shown on page _______, in the amount of $2,205 for
Cobblestone Crossing Apartments.
26. Maintenance Bond, as shown on page _______, in
the amount of $65,112.09 for The Retreat at Wekiva, Phase 2.
27. Amendment #1, as shown on page _______, to
Work Order #4, PS-573-00, Bowyer-Singleton & Associates, Inc.
28. Amendment #2, as shown on page _______, to
Work Order #2, PS-569-00, Metric Engineering, Inc.
29. Ninth Amendment, as shown on page _______, to
DB-605-00, The Collage Companies/Scott Partnership.
30. Copy of letter to Kathy Fall, Senior Planner,
from Attorney Lonnie Groot, regarding Public Records Request, Appeal of Board
of Adjustment Decision, City of Casselberry, Water Treatment Plant.
31. Copy of memorandum to Jerry McCollum, County
Engineer, from Assistant County Attorney Henry Brown regarding Direct Pay
Request for Seminole County v. Lewis E. White, et al.
32. Closing Documents, as shown on page _______,
for the Solid Waste Disposal System Revenue Refunding Bonds, Series, 2003,
$12,210,000.
33. Recorded Utility Easement, as shown on page
_______, granted by Chriscor, LLC, dated February 20, 2004.
34. Customer Agreement, as shown on page _______,
for Reclaimed Water Rates, and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement, with Pinnacle Prime Properties, LLC.
35. Letter of acceptance and Bill of Sale, as
shown on page _______, for the Kenmure project.
36. Satisfaction, as shown on page _______, of
Connection Fees for Waterstone.
37. Conditional Utility Agreements, as shown on
page _______, for water and sewer for George & Sandra Kanistras and Horace
Jr. & Barbara Andrews; and OCR-TMH, Inc.
38. Submissions, as shown on page _______, to the
County Records from the County Attorney’s Office as follows: Natural Lands Program - Closing
Statement for Oakwood, Inc. and Title Policy No. 99654727 for Lot 69, Spring
Hammock; East Lake Mary Boulevard, Phase IIB - General Warranty Deed
granted by Lewis I. and Carolyn J. Hughey; Title Policy No. A81-0094077;
Trustee’s Deed granted by W. Blake and Joyce Sawyers; Title Policy No.
99654729; Temporary Construction Easement and Permanent Drainage Easement by W.
Blake and Joyce Sawyers; General Warranty Deed and Permanent Drainage Easement
by Donald G. and Georgann Harman; Title Policy No. 99654732; Personal
Representative’s Deed and Permanent Drainage Easement by Paul Camp Lane; Title
Policy No. A81-0094089; Two Closing Statements for Joe W. Brooks dated August
22, 2003; Two General Warranty Deeds and Two Permanent Drainage Easements by
Joe W. Brooks; Two Title Policies Nos. 99654736 and 99654737; General Warranty
Deed, Temporary Construction Easement, and Permanent Drainage Easement by Lamar
Brooks; Title Policy No. 99654740; Closing Statement dated August 22, 2003,
General Warranty Deed, and Permanent Drainage Easement for Cheri Olson; Title
Policy No. 99654735; Permanent Drainage Easement by Marvin Gene Scott; and
Title Policy No. 99654738; Lake Drive - General Warranty Deed by Mary D.
Siler; Title Policy No. A81-0094078; General Warranty Deed by Michael F.
Piotrowski; Title Policy No. A81-0094079; Closing Statement dated August 22, 2003
and General Warranty Deed for Raphael L. and Hazel T. Woodrough; Title Policy
No. A81-0094083; Two General Warranty Deeds by Florence Rokowski, Robert W. and
Anne C. Pooser; Title Policy No. 99654739; General Warranty Deed by Robin W.
and Stephanie Jackson; Title Policy No. 99654731; General Warranty Deed by
Allen Clyde and Patricia L. Gibson Jones; Title Policy No. 99654730; Trustee’s
Deed by Betty J. Nelson; Title Policy No. A81-0094080; Corporate Warranty Deed
by Orlando Patch and Seal, Inc.; Title Policy No. A81-0094076; Lake Emma
- Title Policy No. FA-35-0985006; Warranty Deed, Temporary Easement Agreement,
and Permanent Slope Easement by Roosevelt and Zsu Zsa Rastegar; Title Policy
No. 99654733; Special Warranty Deed and Permanent Drainage Easement by
Technology Park at Lake Mary Owner’s Association, Inc.; Title Policy No.
A81-0094075; Wymore Road - Title Policy Nos. FA-35-860394 and
FA-35-926148; and Warranty Deed by Robert Turner Bowles.
39. Letters to The Honorable David J. Mealor from
Chairman McLain dated March 18, 2004, regarding SB 2298/HB1167; HB1477;
SB2780/HB1217; SB1712/HB1161; SB1400/HB1015; and SB2780/HB1217.
40. Letter to Maryanne Morse, Clerk of Court, from
Stephen F. Miller, South Seminole & North Orange County Wastewater
Transmission Authority, transmitting the Authority’s Public Facilities Report
and Audited Financial Statements for Fiscal Year ended September 30, 2003.
41. Notice from the Public Service Commission of
Consummating Order regarding Docket No. 031107-EI, Petition by Progress Energy
Florida, Inc.
42. Memorandum from Kevin Fall to Sandy McCann
with attached 2003 Annual Financial Report for the US 17-92 Community
Redevelopment Agency.
43. Bids as follows: RFP-4210-04; RFP-4212-04; RFP-4211-04; IFB-3085-04; RFP-4213-04;
and IFB-3082-04.
LEGISLATIVE UPDATE
DCM Sally Sherman and Deputy County Attorney Steve Lee addressed the Board to give an update on Seminole County’s legislative issues. Ms. Sherman stated she did some research on the Directory Assistance Service article in the newspaper and learned there is HB 3558, Wireless 411 Privacy Act, brought forth by US Representative Joseph Pitt. He is cosponsoring legislation to protect wireless users and prevent wireless companies from creating a database and automatically putting in users. He is looking for an option where individuals will be able to opt in and opt out, and there will be no fee associated with them opting in or out. A hearing will be held in the spring on this and she asked if the Board wished staff to do anything else relative to this matter.
Commissioner Morris suggested the Board might want to be in conversation with the Congressmen and Congresswomen to see where the legislation is going and if this is something the Board could endorse. He said the only place where the County will get a voice on this kind of legislation is when it is being proposed because afterwards, it will all be under federal control.
Ms. Sherman advised that the Senate budget has included three projects Seminole County had sent forward. These are the four lanes for SR 436, four lanes for CR 415, and the I-4 Interchange Reconstruction. She said this is about $7.4 million. The House budget is not available at this time.
Ms. Sherman said she and Attorney Lee
participated this morning in a discussion with a round table group. One topic was the Juvenile Justice
funding. She stated Representative Bill
Risky has put in an amendment to SB 2564 that makes the state responsible for
funding detention services. The House
position is different from the Senate’s.
The Senate Bill approves the county and state responsibility for funding
the predisposition detention costs for juveniles. She pointed out that all four Seminole County Senators voted in
favor of this bill, despite the numerous e-mails, staff discussions, and visits
from the County lobbyists.
Ms. Sherman further reported there is an effort to review some bills all
relating to funds, 2510 (Investment of State Trust Fund), 2512 (Service Change
for General Revenue), and 2514 (Documentary Stamps). The group wants to set up a conference committee to look at these
reoccurring revenues to address the reoccurring costs associated with the DJJ.
Attorney Lee explained further that the
Legislature is trying to create new or additional reoccurring revenues that
will be available for budgets from now on.
They are planning on sweeping money from the trust funds into the
General Revenue Fund. He said the House
and Senate have opposite positions on virtually everything. The House has adopted their version
regarding the trust funds that returns it to the current law. They have set up for the conference to
resolve the issues before the deadline on April 30. He said this is about $650 million a year for these funds and of
that, $206 million would come from counties.
Included in that is sweeps from the Department of Transportation Trust
Fund. It is expected that FDOT is going
to be able to take that money out of play, which will reduce the number to
about $450 million a year, of which the counties will take a hit of $206
million. The House position has been
strongly to not impose that burden on the counties.
Attorney Lee advised that the Goodwill
Tipping Fee is reported to be dead.
There are two proposed Appropriations Committee Bills coming out dealing
with Article V and information technology funding for that and the
communications requirements. The
Florida Association of Counties is trying to get that shifted to the state with
identified revenue streams to pay for it.
One is the Fine & Forfeiture Fund and another is the $1 increase on
a per page cost. Another deals with the
traffic fines that are dedicated to funding trauma care.
Mr. Grace stated the impact of the DJJ cost
shift the Senate voted on is $1.6 million a year to Seminole County, and every
one of the senators for Seminole County voted for that. He asked the Commissioners to contact the
senators individually on this if they have the opportunity to do so.
The Board recessed at 10:21 a.m. and
reconvened at 10:37 a.m.
Regular
Agenda
Bob Briggs,
Environmental Services, addressed the Board to give an update on the Credit Card Acceptance Pilot Program’s success and provide direction as to additional County Department
work teams to offer electronic payment services. He said the program is going very well and the transaction
activities are increasing monthly. He
asked the Board to expand the program.
Chairman McLain said he thinks it is important to move to regular business practices on this program where they are not charging an extra fee for people to pay their bills with a credit card.
Mr. Briggs said he thinks staff can put together a couple options and work through the County Manager’s Office to identify and track the activity and expenditures associated with the program in order to move something on the fee.
Commissioner Morris stated the City of Winter Springs is putting in the same program and is not charging a fee. He thinks that is the trend.
Commissioner Van Der Weide stated he can’t imagine the Board wanting to charge a fee to the constituents at 33%. He has been pushing this program for convenience but somehow they have to change the rate base. He said charging 33% is objectionable to him and he won’t be supporting that.
Mr. Grace suggested lowering the fee for the remainder of this fiscal year to $2.00 and factor those costs of doing business into the new fee resolution to be brought to the Board at the start of the new fiscal year. Staff will look to phasing out the transaction fee, hopefully, in the new fiscal year.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide,
to lower the fee to $2.00 per transaction; and direct the County Manager to
bring back a fee resolution for the next fiscal year eliminating the
transaction fee.
Under discussion, Commissioner Maloy said he
believes he heard on the news that Casselberry has started this program as well
and it would be at no charge to the customers, so he would also like to see the
fee removed. He said he would like to
see the analysis on the last rate change that was done because he is not
convinced there was no extra revenue when they raised the upper rates. Discussion ensued regarding the utility
rates.
Commissioner Van Der Weide stated he has
heard that Seminole County is much higher than others. He said they need to be cognizant of where
they are with the rate structure and with all the other companies.
Mr. Grace stated staff will give a briefing
to the Board in the near future.
Upon clarification by Commissioner Henley,
Commissioner Morris asked Mr. Grace to inform the Board of the date to
implement the decreased transaction fee for the credit card program.
Districts 1, 2, 3, 4, and 5 voted AYE.
Regarding expansion of the credit card
acceptance program, Chairman McLain said he thinks the Board is interested in
making as many payment options available to the constituents to deal with
matters payable to the County. They
would like to see that move forward.
Mr. Grace stated the plan is to go to the
Planning & Development Department next to implement this unless the Board
has some objection, and this would be as soon as possible.
Commissioner Morris questioned if,
particularly in the Building Department, it might be possible to also have
check on-line payment.
Don Fisher, Planning and Development
Director, addressed the Board to state staff had not considered that but they
will.
Mr. Briggs said they now have in place
something similar to what Commissioner Morris talked about. He explained that procedure.
Chairman McLain directed staff to continue to
move those options forward.
Mr. Briggs asked for direction on amending
the current Utility Rate Resolution to add a charge-back fee to customers
canceling their credit card payments.
Chairman McLain said he thinks that would be appropriate.
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Liz Block, Water
Conservation Coordinator, addressed the Board requesting direction to determine the location of a Water
Conservation Garden. She advised
staff’s recommended option would be the Environmental Center.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy,
to approve the location of the Environmental Studies Center at Spring Hammock
Preserve for the Water Conservation Garden.
Under discussion, Commissioner Henley stated
most of the traffic to the Environmental Center is children. He questioned why the zoo was not
considered.
Ms. Block stated one of the critical criteria
in the location determination was that the County owns the Environmental Center
property.
Commissioner Morris said they were also
trying to get a location where there was a lot of traffic, where people could
learn from the exhibit. It seems to him
that a site like the courthouse or a site where there is a lot of traffic would
be more suitable.
Commissioner Van Der Weide stated it doesn’t
make any difference to him; he is willing to go with the staff
recommendation. He understands the
courthouse occupants have said they would rather not have it there.
Commissioner Maloy stated he is
flexible. He likes it that the cost
came down substantially. This is
something they could advertise if it turns out to be successful. They could advertise in the water bills and
on the web site and invite people to visit.
Chairman McLain said the School Board could
point out the garden and mention it is beneficial. The children would go home and tell their parents. He said he thinks the Environmental Center
is an excellent location.
Commissioner Henley said he thinks it would
be important if they go ahead and combine this with the educational literature
the schools send out to include it as part of their field trip visits.
Districts
1, 2, 3, 4, and 5 voted AYE.
Chairman
McLain said he thinks it is a good idea for staff to prepare the material and
work with the School Board on this.
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Matt West, Planning Manager, requested a
reduction to the Code Enforcement Lien on the property located at 432
Wilderness Lane, Longwood, FL (Mark Welch, previous owner, Karen Milek, new
owner).
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley,
to approve a reduction to the Code Enforcement Board lien to the estimated
administrative costs of $602.91 for processing Case #03-42-CEB; Mark Welch,
previous owner, and Karen Milek, new owner.
Districts 1, 2, 3, 4, and 5 voted AYE.
Mr. West clarified with Commissioner Van Der
Weide that staff can record the satisfaction of lien when payment is made.
County Manager’s Briefing
Eugene Chambers, Community
Development/Community Resources, addressed the Board to give an Introduction
and Overview of the Community Development Office on the status of the various
Community Development Housing Strategies and discussions regarding future
directions for integration into a strategic plan. He advised that staff will also be coming before the Board in the
next two BCC meetings to give an update on projects and programs. He gave a PowerPoint presentation (received
and filed) and discussed the Down Payment Assistance and Home Repair
programs.
Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting at this time.
Mr. Chambers advised that he will recommend at the next meeting on April 27, 2004, the Board adopt the State Bonding Study Numbers.
Chairman McLain reentered the
meeting at this time and assumed the position of Chairman.
During discussion, Commissioner Van
Der Weide asked if there was any way to determine how many of the senior
citizens would fall into the income categories for qualifications. He said they are a group that normally don’t
participate, but when you talk about homestead and additional exemptions, they
might.
Chairman McLain said there are a
lot of low-income individuals getting married that are trying to buy
homes. He thinks staff needs to focus
on them also.
Mr. Chambers stated the elderly
are a part of the target focus and they fall within the categories.
Commissioner Henley commented
that most seniors are selling rather than buying. He asked how large of an educational program and how aggressive
is the staff in making this information known.
Colleen Rotella, Community
Resources, addressed the Board to state she feels staff is doing a good job
getting the information out. She said
in the community you will still hear, “I didn’t know about that.” Staff is trying to do a massive marketing
program.
Chairman McLain said a good place
is to the seniors in high schools. In
further discussion, he said staff doesn’t need to just focus in the Sanford
area but in the entire County.
Commissioner Morris suggested
sending out information in the Trim notices.
Ms. Rotella said that is an excellent suggestion and staff will add
that.
Ms. Rotella further explained
that the program the State has that the County staff is using targets nurses,
teachers, and firefighters.
Commissioner Henley suggested
starting with the County’s own school system, firefighters and teachers.
Mr. Chambers briefly discussed
Home Repair. He said he would like to
bring to the Board for discussion and input creating a true emergency repair
program for life and safety issues. He
further said on April 27, 2004, staff will bring to the Board the Housing
Assistance Plan, which includes Down Payment Assistance and Home Repair.
Commissioner Henley asked Mr.
Grace to bring back the marketing program.
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The Board, thereupon, recessed at 11:22 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the
filing of the proofs of publication for this meeting’s scheduled public
hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from R-3 Multiple-Family Dwelling District to R-2
One and Two Family Dwelling District for an approximately .22 acre parcel located
on the west side of CR 419 between west 8th Street and West 10th
Street in Chuluota, Mason Chickonski, received and filed.
Planner,
Tina Deater, addressed the Board to present the request, advising the applicant
is requesting the rezoning in order to accommodate a duplex. She further advised the Planning &
Zoning Commission recommended approval with the condition that the applicant
situate the proposed duplex so that it is as far back from CR 419 as possible
without encroaching into the required 30-foot rear yard setback. She said the staff also recommends
approval.
No
one spoke in support or in opposition.
District
Commissioner Maloy stated this is a downzoning and he would recommend
approval.
Motion
by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt
Ordinance #2004-14, as shown on page _______, granting request to rezone from
R-3 Multiple-Family Dwelling District to R-2 One and Two Family Dwelling
District for approximately .22 acre parcel located on the west side of CR 419
between west 8th Street and West 10th Street in Chuluota,
as described in the proof of publication, Mason Chickonski.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST
TO VACATE & ABANDON,
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the 50-foot right-of-way on Brantley Drive lying south of the easterly extension of the northerly line of Lot 36, Cutler Cove, Jamie Adley, received and filed.
The
Chairman advised it has been recommended that this item be continued until May
25, 2004.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy to continue until
May 25, 2004 at 1:30 p.m., or as soon thereafter as possible, consideration of
a request to vacate and abandon a portion of the 50-foot right-of-way on
Brantley Drive lying south of the easterly extension of the northerly line of
Lot 36, Cutler Cove, as described in the proof of publication, Jamie Adley.
Under
discussion and upon inquiry by the Chairman, no one spoke in support or in
opposition to the continuance.
Districts
1, 2, 3, 4 and 5 voted AYE.
Request
for award of IFB-3081-04/GMG, Term Contract for Cedar Ridge Grounds Maintenance
and Internal Improvements Services Agreement, to Green Earth Corp., was
presented for action.
Commissioner
Maloy distributed a copy of e-mail and correspondence (received & filed)
regarding the award. He stated that
based on the correspondence and the ability to cancel if there is a problem, he
would go with staff’s original recommendation.
Motion
by Commissioner Maloy, seconded by Commissioner Morris to award
IFB-3081-04/GMG, Term Contract, as shown on page _______, for Cedar Ridge
Grounds Maintenance and Internal Improvements Services Agreement, to Green
Earth Corporation, Geneva.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Chairman advised of a request to reappoint Dr. DeHaven Batchelor and Deputy Sheriff
Bill Shaffer to the Animal Control Board.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy to reappoint
Dr. DeHaven Batchelor and Deputy Sheriff Bill Shaffer to the Animal Control
Board for another 1-year term, effective immediately.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Chairman stated he is in receipt of a letter from Jan Cara, requesting reappointment of Thomas A. Speer to the Law Library.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to reappoint
Thomas A. Speer to the Fred R. Wilson Memorial Law Library for another 3-year
term, effective immediately.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman McLain advised he will continue his meetings with the Mayor and City Manager of Sanford regarding the Celery Avenue area. He said that annexations are still taking place and there is little for the City to gain. He said he wants to make sure the overlay for the road is done and that there are sidewalks in place. He added that he owns property in the area and it makes it difficult with only four of the Commissioners voting.
The following Communications and/or Reports were “received & filed”:
1. Copy of letter dated 3/22/04 to Donna Gropper,
Orlando International Airport, from Chairman McLain re: noise abatement at
Orlando Sanford International Airport.
2. Copy of letter dated 3/12/04 to Richard
McHugh, Viacom/Infinity Outdoor, from Nancy Rivera re: Boston Medical Group
billboard on I-4 referring to sex.
3. Notice of 4/7/04 Council of Local Governments
in Seminole County (CALNO) meeting.
4. Letter dated 3/22/04 to BCC from Andrew
LaVigne, Florida Citrus Mutual, in appreciation of Seminole County efforts to
eradicate citrus canker. (cc: BCC, County Manager, Cooperative Extension
Service)
5. Notice of 4/12/04 City of Sanford public
hearing re: annexation of property between W. SR 46/Smith Canal Rd. and between
Sewell Rd./Rinehart Rd. (cc: County Manager, Planning & Development Director,
Planning Manager, Elections Supervisor, Property Appraiser)
6. Copy of letter dated 3/12/04 to Susan W.
Stacy, Stenstrom McIntosh Colbert Whigham Reischmann & Partlow, from John
H. Dannecker, Shutts & Bowen, re: Scott Kobrin litigation for Cosmopolitan
Homes Corp.
7. Memorandum dated 3/16/04 (with attachment) to
BCC from Darla Zakaluzny, Volusia County MPO, re: available Volusia County
Publications.
8. Metro-Orlando Economic Development Commission
(EDC) 2003 Annual Report.
9. Copy of memorandum dated 3/26/04 to Sandy
McCann, Commission Records, from Becky Noggle, Environmental Services, re:
Submission into County Records.
10. Memorandum
dated 3/15/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund
transfer, $20,000 for CR 427 Ph. I.
11. Parks/Recreation
Contract, as shown on page _______, for Services with Ricardo Davila
(Slow-pitch Softball Scorekeeper).
12. Copy
of letter dated 3/15/04 (with attachment) to State Representative Carey Baker
from Chairman McLain re: resolution designating the I-4 Bridge at the St. Johns
River as the St. Johns River Veterans Memorial Bridge.
13. Copy
of letter dated 3/25/04 to FL Dept. of Environmental Protection Land &
Water Conservation Fund from Chairman McLain re: Seminole County support of the
City of Sanford Marina Isle Revetment Project.
14. Letter
dated 4/26/04 to Chairman McLain from D. Ray Eubanks, FL Dept. of Community
Affairs, re: Seminole County proposed comprehensive plan amendments #Seminole
County 04-2. (cc: County Manager, Planning & Development Director, Planning
Manager)
15. Copy
of letter dated 3/9/04 to U.S. Congressman John Mica from Chairman McLain re:
project request for federal budget for FY 2005.
16. Copies
of letters (various dates) from Joe Gasparini, Parks & Recreation Manager,
re: appreciation of donations to: Kathy & Peter Abramson in memory of
Nellie Salovich; Swisher’s Tennis Group in honor of Margie Swisher; and Rita
& Joe Cirillo in memory of Irene Tuttle.
17. Copy
of letter dated 3/26/04 to Chairman McLain from Jan Cara, Law Library Director,
re: request for BCC to re-appoint Thomas Speer to the Fred R. Wilson Memorial
Law Library Board of Trustees.
18. Notice
of new location for Seminole County Supervisor of Elections Office to 1550 E.
Airport Blvd., Sanford, FL 32773.
19. Copy
of letter dated 3/29/04 (with attachment) to Colleen Rotella, Community
Resources Manager, from Andrew Van Gaale, Sanford Deputy City Manager, re: CDBG
Cloud Branch Drainage Design Interlocal Agreement. (cc: BCC)
20. Letter
dated 3/26/04 to Chairman McLain from Mike Wittmer, Animal Services Manager,
re: request for BCC to re-appoint Dr. DeHaven Batchelor and Deputy Sheriff Bill
Shaffer to the Animal Control Board.
21. Copy of letter dated 3/30/04 to FL Dept. of Community Affairs from Epifanio Agosto re: potable water and restrooms on Seminole County trails. (cc: BCC, County Managers, Parks & Recreation Manager, Special Projects Manager, [Library & Leisure Services Director to respond])
22. Memorandum
dated 3/31/04 to BCC from Ginny Markley, Impact Fees/Concurrency Manager, re:
timing of payments of impact fees and water/sewer connection fees.
23. Copy
of letter dated 3/22/04 to Kevin Grace, County Manager, from John Drago,
Longwood City Administrator, re: one cent of local gas tax to fund ADA
paratransit service.
24. E-mails
(various dates) to BCC re: appreciation for Animal Services Adopt-A-Thon from
Barbara Lewis and Gloria Wade, Protectors of Companion Animals.
25. House
& Senate 2004-05 Budget Summary-General Government Report.
26. Seminole
County Convention & Visitors Bureau March 04 Occupancy Report.
27. Letter
dated 3/31/04 to Chairman McLain from John Saboor & Doug Barclay, Central
FL Sports Commission, re: March Activity Report.
28. Notice
of 4/7/04 Sanford Community Redevelopment Agency (CRA) meeting.
29. Copy
of memorandum dated 4/2/04 to Sandy McCann, Commission Records, from Becky
Noggle, Environmental Services, re: Submission into County Records.
30. Copy
of letter dated 1/23/04 to Mike Hattaway, Board of Adjustment, from Lonnie
Groot, Stenstrom McIntosh Colbert Whigham Reischmann & Partlow, re: Special
Exception Application by City of Casselberry for water treatment plant.
31. Copies
of letters dated 3/18/04 to FL Representative David Mealor, Seminole County
Legislative Delegation Chairman, from Chairman McLain re: TRIM Notice-Inclusion
of New Construction (SB 2298/HB 1167); Strategic Intermodal Systems (SIS) Bill
(HB 1477); Taxes on Local Government Utilities (SB 2780/HB 1217); Charitable
Exemption from Landfill Tipping Fees (SB 1400/HB 1015); and Agricultural
Enclaves Bills (SB 1712/HB 1161).
32. Press
Release dated 4/1/04 re: Florida Researchers and Potential Buyers Explore
Partnerships to Turn University Research & Development Into Private
Business.
33. Copy
of letter dated 4/1/04 to Northwest Branch Library Staff from Jane Peterson,
Library Services Manager, re: appreciation of donation in memory of Agnes
Peterson.
34. Memorandum
dated 4/1/04 (with attachment) to BCC from Fran Sullivan, Tourism, re: March
Tourist Development Council meeting.
35. Letter
dated 4/2/04 to Chairman McLain from C.T. Hsu, C.T. Hsu & Assoc., re: A1A
Orlando Design Excellence Awards.
36. Notice
of 4/13/04 Seminole County Healthy Start Coalition meeting.
37. Minutes
of February and March Seminole County Healthy Start Coalition meetings.
38. Copy
of letter dated 4/8/04 (with attachment) to Erin Geraghty, FL Dept. of
Community Affairs, from Frank Clifton, Casselberry City Manager, re: 30th
anniversary of the Community Development Block Grant (CDBG) Program.
39. Letter
dated 4/3/04 to BCC from Cdr. John Giffin, USN, re: commendation of staff from
Elections Office and CDBG Office. (cc: BCC, County Managers, Planning &
Development Director, Community Development Manager, Elections Supervisor)
40. Notice
of 4/22/04 Tri-County League of Cities meeting.
41. Letter
dated 4/1/04 to Chairman McLain from Donna Gropper, Orlando International
Airport, re: noise abatement measures for Orlando Sanford International
Airport. (cc: BCC, County Managers)
42. Copy
of letter dated 4/6/04 (with attachment) to Peter Ambachtsheer, Sieg &
Ambachtsheer, from Trevor Williams, FL Dept. of Transportation, re:
pre-construction conference for partial span replacement of Lake Mary Blvd.
over I-4. (cc: BCC, County Managers, Public Works Director, County Engineer)
43. Copy
of letter dated 4/1/04 to Commissioner Henley from Ken Shipley, Osceola County
Commission, re: support for an Osceola County Commission member to serve on the
Board of MetroPlan Orlando (MPO). (cc: BCC, Commission Records)
Commissioner
Van Der Weide requested Board consensus to direct the staff to explore the
possibility of surplusing County property next to the DeLoach’s Meat Market and
give same to the Christian Sharing Center.
He said the Sharing Center is in need of a storage area. He added the property is located in the City
of Casselberry and he would want staff to consult with the City first.
Mr.
Grace advised that this was a piece of property the County purchased as part of
the Seminola Boulevard road work.
The
Board voiced no objections for staff to move forward to explore the
possibility of surplusing the property in question, and directed that they
consult with the City of Casselberry with regard to same.
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Motion
by Commissioner Henley, seconded by Commissioner Morris to appoint Sara
Brothers to the Disability Advisory Council.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Henley discussed with the Board the LYNX representation on the MetroPlan Board issue. He said there was a lengthy discussion regarding same at the last Board meeting which ended in a 2-2 vote.
Chairman
McLain suggested that Commissioner Henley relate to the Board that the
representation is a good idea, but it will not work and then move on. Commissioner Henley agreed with the
Chairman.
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Commissioner Henley expressed his appreciation to the Board for their support in reclaiming the lake on North Street. He said staff is working on the clean-up and it’s beginning to look like a lake.
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Commissioner Maloy reported that he is not feeling well and will not be attending tonight’s public hearing.
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Upon inquiry by Commissioner Maloy with regard to Citrus Road, Mr. Grace advised the Board will be given a briefing on the remainder of the unpaved roads at the April 27 BCC meeting.
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Commissioner Maloy distributed information (copy received & filed) with regard to proposed lobbyist/ethics rules. He said if there is no objection from the Board, he would like staff to put this on the agenda for Board discussion. He said these rules are different than what he proposed a few years back.
Chairman
McLain suggested letting the County Manager program this discussion into one of
the afternoon sessions when there is an hour available.
Commissioner
Van Der Weide stated he doesn’t see the staff mentioned in the rules and he
believes that whatever the Board does, it needs to include staff. Whereupon, the Chairman and Commissioner Maloy
agreed that staff should be included.
Commissioner
Morris stated he thought this item was dispensed with by the Board. He said they operate under a majority rule
and believes someone who was in the majority would have to bring the issue back
up for discussion.
Commissioner
Van Der Weide stated he was on the prevailing side and he wants to make sure
that this item comes forward for discussion.
The
Chairman directed Mr. Grace to bring this item back to the Board at an
appropriate time.
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Commissioner Morris reported that during the MetroPlan meeting scheduled for April 14, they will be discussing Representative Johnson’s proposal for funding the West Route 50. He said this will have major impact on local road projects and the priority list because some of the local projects will be bumped by the Route 50 project. He stated he believes the Board should show a unanimous front in opposition at tomorrow’s meeting.
Commissioner
Henley agreed and voiced his opposition and suggested the County Manager call
Osceola County to enlist their opposition as well.
County
Engineer, Jerry McCollum, addressed the Board to agree that he believes this
will impact the projects that Seminole County has.
Commissioner
Maloy stated he objects to the proposed process and not the Route 50 project
itself.
Mr.
McCollum noted that the Expressway Authority is now committed to funding the
Maitland Boulevard Extension and in terms of being able to free some money up
for the Route 50 project, that is a prime opportunity. He added that this has not been brought up
and discussed.
The
Chairman requested Commissioner Morris contact the County’s lobbyist in
Tallahassee and Representative Randy Johnson on this issue.
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The Chairman recessed the meeting at 2:10 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners (with Commissioner Maloy being absent and 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.
Proof of publication, as shown on page
_______, calling for a public hearing to consider request for an Appeal against
the Board of Adjustment in approving a Special Exception for a water treatment
plant on property zoned R-1A (Single Family Dwelling District); City of
Casselberry/Bill Goucher, received and filed.
Chairman
McLain stated the whole process has been changed with the City of Casselberry’s
request for a water treatment plant. He
stated the City has decided not to put a water treatment plant in but a storage
tank with no chemical treatment of any kind.
District
Commissioner Henley stated all of the information that was accumulated and the
discussions that took place at the Board of Adjustment is no longer valid on
this new proposal. He stated he would
urge those in attendance tonight to listen carefully to the City’s presentation
and staff’s comments. The Comprehensive
Plan requires that when there is a deficiency in service that steps be taken to
correct that. The City did a pressure
test, in the presence of County staff, and they found that there were some
deficiencies in certain areas. If those
in attendance still would like to speak tonight, the Chairman will give them an
opportunity to do so. The citizens in
that area have had a great deal of input and the BCC and the City have been
very sensitive and have heard the citizens’ comments as well.
REZONE/Orange Mall Partners (Continued)
Continuation
of a public hearing to consider request to Rezone from C-2 (Commercial) to PUD
(Planned Commercial Development District) on approximately 12.9 acres located
in the Fern Park Shopping Center abutting U.S. 17-92 south of Fernwood Boulevard
and approval of the Development Order, as described in the proof of
publication, Orange Mall Partners LLC/Constance Owens.
Chairman
McLain stated the applicant has requested that this item be continued to May
11, 2004.
No
one spoke in support or in opposition of the continuance.
District
Commissioner Henley stated this is the Orange Mall (K-Mart building) request
and the applicant has requested that this be delayed.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide
to continue to May 11, 2004 at 7:00 p.m., or as soon thereafter as possible,
request to Rezone from C-2 (Commercial) to PUD (Planned Commercial Development
District) on approximately 12.9 acres located in the Fern Park Shopping Center
abutting U.S. 17-92 south of Fernwood Boulevard and approval of the Development
Order, as described in the proof of publication, Orange Mall Partners
LLC/Constance Owens.
Districts
3, 4 and 5 voted AYE.
APPEAL AGAINST BOA/City of Casselberry
(Continued)
Kathy
Fall, Planning, addressed the Board to state staff does recommend action
against the Appeal that was submitted on January 26, 2004. The applicant modified the request on April
6, 2004 and has eliminated the aspect of the water treatment plant in their
application. She stated the City is now
requesting approval of a 250,000 gallon water storage tank. Staff recommends the BCC overturn the BOA’s
decision and approve the revised request for a water storage tank with the
following conditions: (1) The final
site plan shall meet all applicable Seminole County Land Development Code and
Vision 2020 regulations; (2) A 6 ft. solid PVC fence shall be constructed along
the rear and side property lines surrounding the facility with all additional
fencing required for security reasons to be wrought iron style, as depicted on
the site plan, in design and consistent with the surrounding residential uses;
(3) Landscaping shall be installed with the types and locations shown on the
site plan submitted. Minimum
specifications shall be 8’ tall, 3.5” caliper oak trees; 5’ tall hedge material
planted on 30” centers to attain a height of 6’ after one year; and 30” hedge
material planted on 24” centers to attain a height of 36” within one year. As depicted on the site plan, oak trees are
to be scattered to maintain the residential façade and design of the site; (4)
Exterior lighting shall be limited to security purposes; (5) No parking of
vehicles in excess of those required for service of the facility shall be
allowed; the storage or overnight parking of vehicles shall be prohibited; (6)
The proposed 250,000 gallon ground water storage tank shall be housed within
the residential façade of the proposed storage building and not to exceed 11
ft. in height to the top of the tank. A
pitched roof is to be placed on the top of the tank; (7) All pumps shall be
housed within sound and vibration proof buildings to shield abutting and
surrounding residential uses from noise associated with the plant’s operation;
(8) All proposed facilities shall be located to the rear portion of the subject
property with the application of residentially sensitive and compatible design
elements; (9) Proposed facility shall only use sodium hypochlorite for
disinfections and aeration will not be utilized in order to minimize the impacts
to the adjacent residential uses; (10) The City shall consult with a
residential architect or the design council of the Mid-Florida Homebuilders
Association to ensure the proposed facility will be visually compatible with
the existing residential character of the neighborhood; (11) Prior to final
site plan approval, an odor control plan shall be submitted to ensure
surrounding residential development will be protected; (12) Site visits are
limited to an average of one per day to maintain and service the facility. Deliveries of sodium hypochlorite shall be
limited to an average of 2 per month; (13) No upgrade or conversion of the
facility is permitted by the granting of this special exception other than as
set forth here within; (14) All pumps shall be removed from the existing wells
located on the site; (15) No other use shall be made to the site other than
those provided for here within and no storage of any type shall be permitted on
the property other than what is necessary to operate and maintain the storage
tank; and (16) The special exception is approved to the master plan and
building elevation drawings submitted April 6, 2004.
Frank
Clifton, Jr., City Manager, City of Casselberry, addressed the Board to state
this issue is a relatively simple matter addressed properly by County
staff. He stated the City Attorney
supports the recommendations of staff.
The proposed facility will directly benefit 2,000 customers living in
the surrounding neighborhood. The BOA
approved the application with certain conditions and with specific site
enhancements. This raised opposition
from some area residents. The City has
considered the residents’ concerns and they will accept the proposed conditions
recommended by staff. He said he hopes
the Board will act favorably upon their request. The proposed request will make the site look much better and
provide an important public service once the City completes the approved
project. He stated he would like to
offer praise for the professionalism shown by County staff as it is obvious
that they listened to the Board’s input as well as the public’s.
Commissioner
Morris entered the meeting at this time.
Terry
Zaudtke, CPH Engineers, addressed the Board to display and review a copy of the
previous site plan. He displayed the
proposed site plan that was presented to the BOA. He stated the City revised their plan to be a storage and booster
pump facility only. The building will
be residential in nature and the landscaping will be improved as well as
modified fencing so it will look more residential. He displayed and reviewed a drawing of what the facility will
look like from a residential viewpoint and a drawing showing the side and real
views of the building. He displayed a
PowerPoint presentation and reviewed the following: Proposed facility to have disinfections, high service pumps,
minimal traffic anticipated, daily checking by an operator, one chemical
delivery per month, disinfections would be sodium hypochlorite, delivery would
be by a flat bed truck, one delivery per month, 350 gallon tank, and it will be
a booster as required by DEP. He
continued by reviewing the Storage Issues, Lighting and Noise Issues, and Odor
Issues.
Commissioner
Henley stated he would like to include in the development order that the existing
large oaks trees will be preserved.
Stan
Bessmer, 1301 Glastonberry Road, addressed the Board to state the same problem
occurred to the south and north of his neighborhood and it took the people in
the area to solve the problem. With the
County’s help, the citizens have increased the beauty of Fern Park as well as
improved the area. He stated he read
the proposed recommendations and he is pleased with “no aeration”.
Theo
Kaffenberger, 461 Meadowood Blvd., addressed the Board to state she is the past
President of the Lake of the Woods Homeowners Association and they are pleased
with the new proposal. She thanked the
Board and the City of Casselberry for their hard work on this.
Vanessa
Bailes, 212 Doverwood Road, addressed the Board to state she is representing
the English Estates Homeowner’s Association.
She stated she would like to go on Record that the HOA does not want a
water treatment plant on this property at any time. She thanked the staff and the Mayor of Casselberry for their work
on this.
Dale
Chestco (phonetic), 1419 Oxford Road, addressed the Board to state the property
to the west of this site isn’t being maintained and he would like to know who
the owner is. He stated the fence is in
disrepair and the grass hasn’t been mowed for some time.
Chairman
McLain stated the City of Casselberry will be acquiring that property and they
will be installing a new fence as well as mowing the grass.
Mr.
Clifton stated if the Board takes positive action tonight, the upkeep of that
property will be done real soon.
Chairman
McLain informed Mr. Chestco that all of his issues would be taken care of as
soon as the City acquires that property.
Mr.
Chestco submitted photographs (not received and filed) to staff showing the
property.
Upon
inquiry by Steve O’Donald, 1254 Stratford Road, Chairman McLain advised staff
is recommending overturning the Board of Adjustment’s decision of approving the
special exception. He stated all of
those issues addressed at that meeting will be eliminated.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
The following were submitted by Attorney Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow: City of Casselberry’s Submission of Legal Argument; Letter to Robert McMillan relating to the Water Treatment Plant Appeal; Letters to the BOA members relating to the Special Exception Application; City of Casselberry’s Motion for Appropriate Action in the Nature of Dismissal; Resumes and Affidavits of Lonnie Groot and Terry Zaudtke; City of Casselberry’s Submission of Evidence in Quasi-Judicial Proceeding; and Board of Adjustment Agenda and Backup, etc.
Motion by Commissioner Henley, seconded by Commissioner Morris to
overturn the Board of Adjustment’s decision to approve the request for a
special exception for a water treatment plant; and approve the revised request
for a water storage tank with staff recommended conditions outlined in the
Development Order, as shown on page __________, on property zoned R-1A, as
described in the proof of publication, City of Casselberry/Bill Goucher.
Under
discussion, Commissioner Henley stated he has worked with the citizens of that
community and the City of Casselberry since 1963 and he knows how they feel
about their community. There will be
things coming forward in the future to continue to improve the Fern Park and
Casselberry area. When everyone works
together and cooperates, they can come out with a win-win situation.
Commissioner
Van Der Weide stated he feels that staff has done a wonderful piece of
work. He stated they have learned a lot
through the process and he hopes they will do as well in the unincorporated
area.
Commissioner
Morris stated he would like to compliment the leadership of the City of
Casselberry and their attorneys as well as those involved.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Henley stated since a fee has been collected from both sides, he would like to
suggest that the County return a portion of each of the fees that were paid.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide
to authorize returning half of the fees that have been collected from both
sides.
Districts
2, 3, 4 and 5 voted AYE.
Lisa
Giltner, 1795 Willingham Road, addressed the Board to express her appreciation
to the Board for their support of the Seminole County Citizen’s Academy. She stated she had the pleasure of
participating in the inaugural class and staff has done a superb job of planning
each week’s classes. She said the
following deserve special mention:
Kevin Grace, Sally Sherman, Mike Pollard and Don Fisher. She stated she met with Mike Wittmer and
Mary Beth Lake, members of Animal Services, and they informed her of the need of
a spay and neutering clinic. She said
she would like to make her contribution in the name of her Labrador (Godiva) in
the amount of $5,000 to that program and her parents would like to contribute
$500 as well.
Chairman
McLain stated the County is proud of their Citizens Academy and he is glad to
hear that it is doing well.
Commissioner
Morris stated he feels it would be appropriate to invite Ms. Giltner back when
this issue will be discussed again.
Chairman
McLain stated with her interest in animals, she may be interested in serving on
the Animal Control Board when an opportunity arises.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 7:37 p.m.,
this same date.
ATTEST:______________________Clerk______________________Chairman
cc/sm/er