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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Commissioner Maloy reported that he is not feeling well and will not be attending tonight’s public hearing.
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.
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.
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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:37 p.m., this same date.