BOARD OF
APRIL 25, 2006
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:33 a.m., on Tuesday, April 25, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Brenda Carey (District 5)
Commissioner Dick Van Der Weide (District
3)
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Paul Hoyer,
Commissioner
Van Der Weide led the Pledge of Allegiance.
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At
the request of Commissioner Morris, Pastor Hoyer discussed the project that he
and other churches are organizing with regard to a free health clinic. He stated they have contacted an organization
called “Shepherd’s Hope” that does free clinics. This is for residents who do not have health
insurance but they have to meet a particular income requirement. He said they are in the process of leasing two
spaces in the
cooperative corporations that can help them
do the build out. He reviewed the way
the Shepherd’s Hope works during the day and evenings.
Commissioner Van Der Weide stated he feels
that Pastor Hoyer has picked an excellent location for this clinic.
Pastor
Hoyer stated Holy Cross will pick up the rent on that and hopefully other
churches will help find the extra doctors and nurses to volunteer.
Chairman
Henley stated at a recent meeting with Envision Seminole they spent quite a bit
of time discussing this and the value of the service that could be rendered to
Pastor
Hoyer stated Mike is the one who has been apprised of this and guided them in
getting started with this program.
Commissioner
Van Der Weide stated as they address the
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Chairman
Henley informed the Board of some changes to the agenda. He stated Item #25, release of Performance
Bond for Buckingham Estates, has been pulled; Item #39, briefing for
Communities for a Lifetime, will be rescheduled; and Item #44, Land Use
Amendment public hearing for William Abbott, has been withdrawn.
Don
Fisher, Acting County Manager, addressed the Board to state Item #38,
Compensation and Benefit Study Briefing, has been delayed until this
afternoon’s meeting.
AWARDS
AND PRESENTATIONS
Motion by Commissioner Carey, seconded
by Commissioner Dallari to adopt appropriate Resolution #2006-R-90, as shown on
page ________, proclaiming April 27, 2006 as “Seminole County Volunteer
Appreciation Day”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to those volunteers who provided quality service
and help to others. Linda Batman addressed
the Board to express their appreciation for recognizing the volunteers.
Commissioner
Carey recognized other volunteer members in attendance.
Commissioner
Van Der Weide stated he hopes to see everyone at the volunteer appreciation
dinner on Thursday, April 27, 2006.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-89, as
shown on page ________, proclaiming April 23-29, 2006 as National County
Government Week “Protecting our Communities”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Paula Ritchie, Public Safety, who addressed
the Board to express her appreciation.
Glen
Castle addressed the Board to highlight some of the things that are scheduled. He stated he would like to express a special
recognition to the Girls and
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Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-92, as
shown on page ________, honoring NR Electronics,
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Norberto Ruiz and Liza Ordonez. Ms. Ordonez addressed the Board to express
their appreciation on behalf of NR Electronics.
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Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-91,
as shown on page ________, honoring Dario J. Moore as Seminole County’s “Artist
of the Year 2006”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Mr. Moore, who addressed the Board to express
his appreciation. He stated U-Turn
Dance’s intention is to build a $3.7 million performing arts center and Freedom
Theater in
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Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-94, as
shown on page ________, proclaiming Thursday, May 4, 2006 as “National Day of
Prayer”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Pastor Charles Holt, St. Peter’s Episcopal
Church, who expressed his appreciation for the recognition. He pointed out that there is a partnership
taking place with various churches called “Ministerial Alliance”. He said National Prayer Day will be celebrated
on May 4 at the Lake Mary Marriott. The
Seminole County Chamber of Commerce will be giving up the Good Morning Seminole
time slot and partner with the churches and community to spend that time in
prayer. He invited everyone to join them
at the Lake Mary Marriott. He acknowledged
that they will be praying for their sister community in Pass Christian,
Commissioner
Carey reviewed the number of events going on May 4 as well.
Chairman
Henley stated he feels it is important that this community takes the time to
reflect upon the principles that this country was founded on. He stated an annual prayer breakfast is
scheduled every year, but there are other churches that have sponsored this for
a number of years. Therefore, he
encourages the BCC to join with the community on this issue.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to authorize and approve the following:
6.
Approve
and authorize Chairman to execute Lease Agreement, as shown on page ________,
for Reflections for Environmental Services Program Management Contractor.
Community
Services
Community
Assistance
7. Approve and authorize Chairman to execute Satisfactions of Second
Mortgage, as shown on page _________, for the following households assisted
under the SHIP Home Ownership Assistance Program and the Emergency Repair
Housing Program: Helen D. Foltz; Benny
and Lizette Garcia; Enoch and Dialma Gonzalez; Erika M. Johnson; Jonathan and
Michele Justice; Calvin and Vicki Kaufman; Leroy and Marion Nathan; and Michael
C. White.
8. Approval by the Board of County Commissioners to continue
participation in the Florida Department of Law Enforcement’s Edward Byrne
Justice Assistance Grant Program and authorize Chairman to execute the
Certificate of Participation, as shown on page ________.
Environmental
Services
Business
Office
9. Approve and authorize Chairman to execute Release of Water and
Sewer Capacity, as shown on page _________, between
10. Approve release of original Water and Sewer
Maintenance Agreement with Letter of Credit #FGAC-05238 ($70,500.00) for the
project known as Estates at Wekiva Ph 1.
Fiscal
Services
Administration
11. Budget Amendment Resolution #2006-R-95, as shown on page ________,
#06-55 - $306,810 - Public Works – Transportation Trust Fund. To provide funding to construct an
intersection improvement at Line Drive and at SR 436. The project consists of
maintenance of traffic, installation of inlet curbs and pipe culverts, signage,
stripping and markers. The lowest qualified bid for this contract was $256,191
and is included on this meeting’s Purchasing Consent Agenda for Board approval.
The project has additional funding requirements for CEI costs. The current project budget of $153,042 is in
the Stormwater fund and will be unappropriated as part of the midyear
adjustment. The overall life of project cost is estimated to be $334,582 with
project completion anticipated for June 2006.
13. BCR #06-18 - $250,000
- Public Works – Engineering –
Accounting adjustment to allow for payment to the Florida Department of
Transportation, as a required 50% County Incentive Grant Program match for the
construction of State Road 434 to six lanes from Maitland Boulevard to State
Road 436 approved by the Board of County Commissioners on April 11, 2006 (Item
28). In accordance with Generally
Accepted Accounting Principles, the expenditure is being classified as Aid to a
Governmental Agency, not as a capital expenditure, since the resulting asset
constructed with these funds will not be owned by the County.
PURCHASING
14. Award CC-0452-06/BHJ, as shown on page ________, Line Drive and
Border Lake Road Roadway and Drainage Improvements to Conpilog International
Company of Altamonte Springs ($256,190.97).
15. Award CC-0569-06/TLR, as shown on page ________, Airport Boulevard
Phase II & III to Hubbard Construction Co., Orlando ($22,972,100.20).
16. Approve Change Order #2, as shown on page _______, and accept and
authorize Chairman to execute the Certificate of Final Completion, as shown on
page _______, for CC-1209-03/BJC-Geneva Wilderness Area Expansion project with
PNL Commercial Corp. (Change Order #2
decrease $5,851.52).
17. Accept and authorize Chairman to execute Certificate of Final
Completion, as shown on page ________, for CC-1202-03/BJC - Bookertown,
Winwood, and Midway sidewalks with CWB Contractors, Inc., Bunnell.
18. Accept and authorize Chairman to execute Certificate of Completion,
as shown on page ________, for CC-1251-04/TLR - Kewannee Recreational Trail,
Phase 1 with Central Florida Environmental.
19. Approve Amendment #3, as shown on page ________, to Work Order #18
- Howell Creek and Tributary Control Project - PS-5116-02/BJC - Minor Projects
Construction Engineering and Inspection Services - Keith & Schnars, P.A. of
Altamonte Springs ($8,958.30).
20. Award RFP-4265-06/GGM, as shown on page _________, Performance Work
Statement for Utilities Mowing, Landscape and Maintenance Services to Ott
Landscape Maintenance, Inc., Deland (Term Contract).
Tourism
Development
31. Approve and authorize Chairman to execute a Memorandum of
Understanding, as shown on page ________, between
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to approve and authorize execution of
Subordination of Utility Interest Agreement, as shown on page ________,
relating to Parcel Number 151 of the
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize and approve the following:
33. Approval of Expenditure Approval Lists, as shown on page ________,
dated March 27 and April 3, 2006; and Payroll Approval List, as shown on page
_________, dated March 23, 2006.
34. Approval
of BCC Minutes dated March 14 & 24, 2006.
35. The
Board noted, for information only, the following Clerk’s received and filed:
1.
Amendment
#1, as shown on page ________, to M-0239-03.
2.
Letter
from Sarah Mirus, City Clerk, City of
3.
Change
Order #8, as shown on page ________, to CC-1202-03.
4.
Amendment
#1, as shown on page _________, to Work Order #17 to PS-5116-02.
5.
Work
Order #4, as shown on page _________, to PS-5182-05.
6.
Work
Order #27, as shown on page _________, to CC-1262-05.
7.
Work
Orders #68 & #69, as shown on page _________, to PS-556-00.
8.
Amendment
#2, as shown on page _________, to Work Order #5 to CC-1188-02.
9.
Second
Amendment, as shown on page _________, to RFP-4227-04.
10.
First
Amendment, as shown on page _________, to Bid-2131-05.
11.
Work
Order #1, as shown on page _________, to M-0779-06.
12.
Change
Order #1, as shown on page _________, to DB-608-04.
13.
Change
Order #1, as shown on page _________, to CC-1262-05 (W.O. #24).
14.
Certificate
of Final Completion, as shown on page _________, for CC-1262-05 (W.O. #24).
15.
Change
Order #2 (Unilateral), as shown on page __________, to CC-1261-A-05.
16.
IFB-3131-06
Term Contract, as shown on page __________, A1 Orange Cleaning Service.
17.
Letter
from George Gilhooley, P.E., Florida Department of Transportation, to Maryanne
Morse, Clerk of Court, re: Public
hearing for SR 46 Project Development and Environment (PD&E) Study.
18.
First
Amendment, as shown on page __________, to IFB-3132-05.
19.
First
Amendment, as shown on page _________, to PS-0381-06.
20.
Maintenance
Bond, as shown on page _________, for sewer service in the amount of $1,083 for
the project known as Lake Mary Collections, Greenwood @ Lake Mary; Maintenance
Bond for right-of-way utilization in the amount of $7,000 for the project known
as River Run Christian Church Assembly; and Performance Bond in the amount of
$6,673,699 & Title Opinion for the project known as Sterling Meadows
Subdivision.
21.
RFP-4267-06
Veterinary Services Contract, as shown on page _________, with Robert E.
Walton, D.V.M.
22.
Work
Order #9, as shown on page ________, to PS-5124-02.
23.
Change
Order #5, as shown on page _________, to CC-1269-05.
24.
First
Amendment, as shown on page _________, to IFB-3080-04.
25.
Work
Order #11, as shown on page ________, to PS-5174-04.
26.
Work
Order #22, as shown on page _________, to RFP-4214-04.
27.
RFP-0464-06
Appraisal Services Agreement, as shown on page __________, Maximus, Inc.
28.
Self
Insurance Program Renewal, as shown on page _________, with Axis and Landmark,
as approved by the BCC on 9/13/2005.
29.
Third
Amendment, as shown on page _________, to IFB-3078-03.
30.
M-0807-06
Basic Contract, as shown on page __________, Clayton Roper & Marshall, Inc.
31.
Bids as
follows: CC-0569-06; RFP-4269-06;
2133-06; DB-0577-06; RFP-0580-06; RFP-4265-06; and PS-0709-06.
SHERIFF’S OFFICE
36. Approval to contribute $500.00 from the Law Enforcement Trust Fund
to the Florida Department of Law Enforcement’s Missing Children Clearing House
Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
Suzan
Bunn, Tourism Development Director, addressed the Board to request formation of
a Seminole County Sports and Events Committee.
She displayed a PowerPoint Presentation (received and filed) and began
by reviewing the purpose and goal of the Sports and Events Committee. She reviewed the structure of the committee and
identified the membership. She advised
they have developed its operational plan and set meeting frequency. Support staff for this group will be provided
by the CVB.
At
the request of Chairman Henley, Ms. Bunn elaborated on the committee’s
operational plans.
Chairman
Henley stated when he read this and then reviews what occurred at the last
Joint City/County meeting, he doesn’t see any of the changes that were made at
that joint meeting in this report, and that concerns him. He stated the directions were clear that the
main responsibilities were to coordinate the facilities to compliment the
events that the Central Florida Sports Association was going after.
Commissioner
Morris stated the Joint City/County Committee had to weigh very carefully the
objections of two diverse opinions. The committee
had a very good debate and they outlined very carefully what the summation the
committee could support. He stated he
feels it would be better to have the BCC review the minutes outlining what the
recommendations are. Therefore, he would
recommend deferring this for a month and bringing it back at the second meeting
in May.
Chairman
Henley stated he doesn’t have a problem with that. The main problem he has is the desire of
people getting into the marketing end of it, which County staff is not trained
to do. He stated he feels it is
appropriate for them to go back to the minutes.
Commissioner
Dallari stated he doesn’t want this committee to either have conflict or be in competition
with the TDC. He stated in reading some
of the objectives he sees some competition with the TDC, and he can’t see
having two boards going after the same goal.
Commissioner
Carey stated she feels it is important that they coordinate with the other
cities and the County so that all of them can support the Central Florida
Sports Commission initiative. She stated
she thinks they understand what the task is, but they haven’t put it into words
that were acceptable.
Commissioner
Van Der Weide stated he would be opposed to having two committees working
against each other. He stated he feels
they would be going backward if two committees are in conflict with each other.
Chairman
Henley stated the Joint City/County Committee was trying to refine what each
one’s responsibility was and how they will work together from the standpoint of
incorporating all the facilities available in
Commissioner
Morris stated they do have a program that is meeting everyone’s objectives
including the proponents of the committee.
He stated he thinks they can clarify this before it comes back to the
Board the second meeting in May.
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Chairman
Henley advised that Item #38, Compensation and Benefit Study, will be moved to
this afternoon’s meeting.
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Chairman
Henley advised that Item #39, Communities for a Lifetime, will be rescheduled.
LEGISLATIVE
UPDATE
Sally
Sherman, Deputy County Manager, addressed the Board to review the legislative
issues as outlined in the agenda memorandum.
She stated there are about two weeks left in the session and it will end
on May 5. There do not appear to be any
proposals to extend the session. She
referred to and reviewed SB1020, Development of Regional Impact. The County’s support or opposition of a bill is
based on the bill’s language. Since this
bill (SB1020) has been submitted, there have been three versions that have gone
through as well as nine amendments.
Staff does have some concerns and they are reviewing this bill and
associated bills with the Legislators.
She stated Commissioner Morris spoke with the Governor regarding the
outcome of some of these bills. Staff
will be restructuring the agenda to eliminate any confusion and assumptions on
how the Board feels about a specific bill.
She referred to SB1020, SB1194 and SB1357.
Upon
inquiry by Commissioner Dallari, Commissioner Morris advised he is very concerned
with the interlocal service boundaries agreement bill, and also there is a utility
bill, i.e. the cable service, that Senator Constantine is trying to work a
compromise on.
Commissioner
Van Der Weide stated they only have two weeks to go and they don’t seem very
willing to take a lot of local input on local issues.
Commissioner
Morris stated he feels the BCC should oppose SB1020 and SB1194. He stated he feels the entry level of
telephonic companies going into cable service is bad news.
Ms.
Sherman stated SB900, Cable Service and Video Programming, passed yesterday in
the Community Affairs Committee and what it did was retain local government as the
franchise authority. What they are
pushing is HB1199 to make sure it is in keeping with SB900.
Matt
Chesler, Community Information, addressed the Board to advise the Senate bill
requires them to modify the County ordinance within the next five years to put
in the requirements. He stated the scary
bill is HB1199 and that takes away all local franchising authority and gives it
to the State.
Commissioner
Van Der Weide stated these bills come at you with about ten different points
and all ten are bad. Six are eliminated
but there are still four working against local government. They are trying to bypass local governments on
a lot of the issues the County has been responsible for years.
Chairman
Henley stated he feels important issues that impact the community are being
preempted from local government.
At
the request of Ms. Sherman, David Johnson, Property Appraiser, addressed the
Board to review the Save our Homes Bill and an increase in Homestead
Exemption. He stated these bills are not
moving very quickly and he is not sure if they will see anything come out of it
in this session. He said the problem is
this is not going to go away because it grows and grows each year. He displayed and reviewed graphs (received
and filed) showing the average Save Our Homes caps, portability values, and 2006
projection of increase in homestead exemptions.
He pointed out that as they grant more exemptions to a certain class of
property, other classes of property will have to pick up that burden.
Upon
inquiry by Chairman Henley, Mr. Johnson explained how that is justified under
equal protection. He stated the other
issue of importance is doubling the homestead exemption and that could have a
bigger impact.
Commissioner
Van Der Weide stated what is taking place now is people are selling their homes
for astronomical prices and moving out of State and buying a larger home in
Tennessee, North Carolina and North Georgia and still have extra money in the
bank. Discussion ensued.
Robert
McMillan,
Mr.
Johnson stated the Chambers of Commerce and PBAS took an interest in the doubling
of homestead exemption last year and they were ready to educate the people
about that issue.
Susan
Dietrich, Assistant County Attorney, addressed the Board to explain that SB1608,
Charter County Preemption, is in the Judiciary Committee. She stated its companion bill, HB949, has
basically died.
Ms.
Sherman stated Senator Webster indicated that he is not inclined to hear that
bill again, but the overall feeling is the counties are solid in the House as it
relates to this bill.
Ms.
Dietrich reviewed SB1194 relating to Interlocal Service Boundary
Agreement. She stated the companion bill
is HB1357 and it was voted out 9-0.
Commissioner
Morris stated there were two amendments that were tacked on this in April.
Commissioner
Van Der Weide asked if staff has done anything on title and pay day loans. He stated he understands these organizations
want to bring that before
Ms.
Sherman stated she recalls seeing something on that, but she will get with the
lobbyist on that today.
Ms.
Dietrich informed Commissioner Morris one amendment was a technical amendment
and the other one clarified the circumstances in which an independent special
district may initiate negotiations to achieve the interlocal service boundary
agreement. She stated she can provide
the Board with the exact language.
Commissioner
Morris stated there is a part of it that is important relative to telling when
they can challenge. This is basically
trying to put meat behind the growth management act.
Commissioner
Dallari asked if they are changing their position on some of these bills. He stated he has concerns with SB1020 and he
feels they need to change their position on it.
Ms.
Sherman stated staff will change that to make it clear.
Commissioner
Carey stated she feels a footnote needs to be added saying bills change daily
and the BCC’s position may change.
Upon
inquiry by Commissioner Dallari, Ms. Dietrich advised the house bill companion
(HB683) for SB1020 is on the special order calendar.
Commissioner
Carey requested staff to contact Mr. Bobby Brantley so the Board can get an
update by the end of the day.
At
the request of Commissioner Morris, Jerry McCollum,
Commissioner
Morris stated the County was found to be out of compliance by DOT with respect
to transportation concurrency issues.
They are trying to get an annual review and that review, they believe,
will be favorable. He stated he feels some
technical language will be worked out and FDOT will have the opportunity to get
this under the five year work plan.
Ms.
Sherman stated she believes the Florida Hometown Democracy is still under
review and she doesn’t believe it has enough legs to go through this round, but
she will check into it further.
CHAIRMAN’S
REPORT
Chairman
Henley stated he met with Dede Schaffner from the School Board regarding their
work on the Driver’s Education program.
He continued by reviewing what the program will entail and who will
provide the books and simulators. He said
he asked Ms. Schaffner to start thinking outside the box regarding this because
he doesn’t think that $2 million is enough money to serve all the kids. He stated he asked how much the School Board
is planning to put in the program and he did not get an answer yet.
Commissioner
Carey stated Ms. Schaffner informed her that she is going back to talk to the
committee and MetroPlan.
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Chairman
Henley stated the Mayor of the City of Sanford sent a letter alerting him that
the City has been notified that they are receiving a Youth Bill program grant for
a joint effort with the city, county, school district and several nonprofit
agencies. They are asking the County to
appoint a person to serve on that Board.
He stated the Manager is on there and the
Commissioner
Carey stated since the City of
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Chairman
Henley stated Mayor Bush sent a letter correcting the letter that was
previously sent out regarding mosquito control.
Upon
inquiry by Commissioner Dallari, Chairman Henley advised he has received a letter
from the City of Lake Mary but there are some misunderstandings which they have
attempted to correct. He stated they were
under the impression that there would be no charge to the city or its citizens. He said the minutes reflect that there would
be no cost to the city, but didn’t say anything about its citizens.
Commissioner
Dallari stated he was referring to the
Chairman
Henley stated he has not heard from the city on that other than the fact they
are proceeding with the land use change.
Mr.
Fisher stated he plans to submit a report on that this afternoon. He stated he and Chairman Henley met with Mr.
Tom Green and Ken Wright and they seem to have come to an agreement.
Upon
inquiry by Commissioner Morris, Chairman Henley advised he and Mr. Fisher were
attempting to clarify some points in order to be able to come back to the
Board.
Mr.
McMillan stated he believes they have reached some consensus on how to
implement all the things that were in the letter, and all the things the Board
were concerned with and do it in a way that most of it will be done through the
agreement with Colonial Properties. The
only real issue
Commissioner
Morris requested that the memo be circulated so that everyone can see it.
Chairman
Henley stated it will come back to this Board for final say on any of the
issues.
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Mr.
Fisher pointed out that if the Board wanted to delay this afternoon’s Risk
Management meeting, they will need to know that now so they can notify everyone
of same.
Commissioner
Van Der Weide stated he is planning to attend, but based on this afternoon’s
agenda, they may be able to move it up.
Mr.
McMillan stated the Board cannot move it up before 4:00 p.m. because it was
advertised for 4:00 p.m.
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The
Chairman recessed the meeting at 11:29 a.m., reconvening at 1:31 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded
by Commissioner Morris, to authorize filing the proofs of publication for this
meeting’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REZONE/JIM
BISHOP, Continued
Continuation
of a public hearing from March 28, 2006 and April 11, 2006, to consider
rezoning approximately 10.25 acres from A-1 (Agriculture District) to R-1AA
(Single-Family Dwelling District), located on the north side of West McCulloch
Road, 950 feet west of Iron Bridge Road, as described in the proof of
publication, Jim Bishop.
Chairman
Henley advised this item was continued from two previous meetings and the
public input was closed at the last meeting with no new public input to be
taken at this meeting. If a Commissioner
has a specific question of an individual, that person will be allowed to
address the question, but not to make another presentation.
Mike
Rumer, Senior Planner, addressed the Board to present the request.
Commissioner
Dallari asked Mr. McMillan if he had reviewed the information from Attorney
Lonnie Groot at the last meeting and if he could give an update to the Board.
Mr.
McMillan advised he had reviewed that document and there is nothing in it that
the Board needs to address at the public hearing. It was basically a citation of Comp Plan
policies that Attorney Groot believes supported his positions and a legal
memorandum arguing that it mandated approval of his request.
Commissioner
Dallari asked County Engineer Jerry McCollum to comment on the memorandum he
received from Attorney Groot. Whereupon,
Mr. McMillan said he would comment. He
stated he believes before the meeting the Board received a notice regarding ex
parte communications (copy received and filed).
He asked the Commissioners if any of them had received any information
from anyone who was a party to this proceeding or from staff that was something
not already in the record.
Commissioner
Carey advised she asked for a larger map to look at the entire area and that
was brought to her office and she reviewed it.
Mr.
McMillan reminded the Board that their decision has to be based on the evidence
they heard at the two prior public hearings and not from any information they
have received from any other source that is not already in the record.
Chairman
Henley stated he personally had NOT received any information or data from
anyone pertaining to this item that is not in the record.
Commissioner
Morris said he echoes the comments of Chairman Henley.
Commissioner
Dallari said that was the same for him.
Chairman
Henley stated the recommendation from the P&Z is to deny the request.
Commissioner
Dallari stated in looking at the applicant’s proposal, it’s a little deceptive
when looking at the future land use.
They need to look at an aerial to get the flavor of the community to
find out where it’s built out and where the density is. In looking at that, it is clear to see that
there is really no development bordering up against this piece of property and
it doesn’t lend itself to that type of density.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to deny the rezoning of property
approximately 10.25 acres from A-1 (Agriculture District) to R-1AA
(Single-Family Dwelling District), located on the north side of West McCulloch
Road, 950 feet west of Iron Bridge Road, as described in the proof of
publication, Jim Bishop; based on the staff findings and information as
presented to the Board.
Chairman
Henley stated from the standpoint of the size indicated in the material (1300
square feet) and when you look at the surroundings on three sides, 21,780
square foot lots versus 11,700 square foot lots, he thinks that is part of the
problem from the standpoint of compatibility with the others.
Commissioner
Carey said also what’s a little deceptive is that in
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey said based on the past activities in the surrounding area, and this area
and this particular lot and all the history they have dating back to the
1980’s, there hasn’t been a desire to change the land use. She asked is there some reason why they don’t
have staff go back and look at that area for the future land use. She thinks when they have an area they know
has been before the Commission many times, sometimes they need to go back and
look at those targeted areas. She thinks
this might be one of them.
Mr.
Fisher suggested that through the yearly process, staff could evaluate those
particular private properties for appropriate land uses. He said he would work with the County
Attorney’s office as to any rights they may have vested in the LDR land use and
what that might mean to change that to Suburban Estates. He said they could evaluate that again with
the EAR and report back to the Board when that time comes forward.
Tony
Walter advised that would be in September.
ORDINANCE/BRIGHT
HOUSE NETWORKS, LLC, Continued
Continuation
of a public hearing from April 11, 2006, to consider adoption of an ordinance
approving and entering into a ten-year franchise renewal agreement with Bright
House Networks, LLC, as described in the proof of publication.
Commissioner
Morris said he has a request to continue this item for another two weeks as
they continue to work out the language.
Motion by Commissioner Morris, seconded
by Commissioner Dallari, to continue for two weeks to May 9, 2006, the public
hearing to consider adoption of an ordinance approving and entering into a
ten-year franchise renewal agreement with Bright House Networks, LLC.
No
one spoke in support or in opposition to the continuance.
Districts
1, 2, 3, 4 and 5 voted AYE.
RIGHT-OF-WAY VACATE/A.K.
SHOEMAKER
FAMILY LIMITED PARTNERSHIP
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adopting a resolution to vacate and abandon the Loquat Drive
right-of-way located in Section 34, Township 19S, Range 30E; and accept
dedication of a 20’ Drainage and Utility Easement by the applicant to the
County; as described in the proof of publication, A. K. Shoemaker Family
Limited Partnership, received and filed.
Denny
Gibbs, Senior Planner, addressed the Board to present the request, stating
staff has received the executed easement agreement from the applicant and staff
recommends adoption of the resolution vacating the right-of-way.
Chairman
Henley asked if Commissioner Carey had received a copy of the letter (not
received and filed) from Mrs. Jones.
Whereupon, Commissioner Carey stated she had.
Upon request of Commissioner Dallari, she
advised the letter brings out that there has always been a drainage issue in
the
Dean
Shoemaker, applicant,
Gary
Johnson, Public Works Director, addressed the Board to state there has been a
chronic flooding problem in this area related largely to the staging of the
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to authorize the Chairman to execute appropriate
Resolution #2006-R-101, as shown on page _______, vacating and abandoning the
Loquat Drive right-of-way located in Section 34, Township 19S, Range 30E; and
accept dedication of a 20’ Drainage and Utility Easement, as shown on page
_______, by the applicant to the County located in Section 34, Township 19S,
Range 30E between Lot 5 and the vacated right-of-way; as described in the proof
of publication, A. K. Shoemaker Family Limited Partnership.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey asked the DRC staff to keep their eyes on this for when it comes in to
make sure staff does whatever they can for the drainage, as Mr. Shoemaker has
committed to do what he can, to help solve some of the issues.
SMALL SCALE LAND USE
AMENDMENT AND REZONE/BRYAN
POTTS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a Small Scale Land Use Amendment from Low Density Residential (LDR) to
Medium Density Residential (MDR) and Rezone from A-1 (Agriculture District) to
R-1BB (Single-Family Residential District) on 9.34+/- acres located on the west
side of Longwood-Lake Mary Road, south of Washington Avenue and north of Lake
Way Road, Bryan Potts, received and filed.
Tina
Williamson, Principal Coordinator, addressed the Board to state the applicant
is requesting the land use amendment and rezoning in order to allow a
single-family residential subdivision to be developed on the subject
property. The proposed land use
amendment and rezone are estimated to generate 16 school children (eight
elementary, four middle school and four high school) and will affect the
northwest cluster for elementary schools,
District
Commissioner Henley stated he had not received any communications regarding the
recommendation.
Mark
Jacobson, Bowyer-Singleton & Associates, 520 S. Magnolia, representing
Ashton Woods as their engineer, addressed the Board to state they agree with
the staff findings and recommendations.
He showed a rendering (received and filed) of the PSP (preliminary site
plan) they have submitted for review. He
said the minimum lot size will be 6,000 square feet, which is slightly larger
than the minimum square footage in the surrounding PD’s; and the proposed
minimum square footage of the houses is 2,400 square feet as opposed to the
average of the adjacent PD’s being 2,200 square feet. He also showed a proposed rendering (received
and filed) of the houses that will go on the 50-foot lots. He explained it’s an upper end product, which
is planned as a high-scale development.
He said earlier in the month, he had met with Commissioner Henley to
make sure they had addressed all his concerns related to the land use and
zoning changes. He reviewed those
concerns regarding school capacity, water capacity and the consumptive use
permit, turning radiuses of the internal subdivisions, internal and external
sidewalks and an area for children to play.
Commissioner
Morris discussed with Mr. Jacobson if the wet pond would be amenitized,
intersection improvements in terms of ingress to and egress from the project
and relocation of the sidewalk.
Mr.
Jacobson stated as part of the PSP approval, they were asked to match the
widened right-of-way on the south of their property and they have agreed to an
additional 25 feet of right-of-way reservation that they will dedicate with the
plat.
Commissioner
Morris clarified with Mr. Jacboson that the submission was a true rendering of
the actual product and model they will be building. He also discussed the parking capacity in the
proposed driveway for additional parking; and Mr. Jacobson advised they
anticipate at least 20 ft. from the back of the sidewalk to the garage.
Upon
inquiry by Commissioner Dallari, Mr. Jacobson explained why there would not be
excel and decel lanes along
Tom
Radzai, Development Review, addressed the Board to advise what Mr. Jacobson
explained is all the staff is requiring.
He said, typically, a right turn lane with less than 500 turning
movements into the project only requires a larger radius and a bit of a flare
which will function similar to a right turn lane.
Commissioner
Morris said that is Mr. Radzai’s opinion.
He asked Mr. Fisher if that is what they have done in practice.
Mr.
Fisher answered that since Mahmoud Najda, former Development Review Manager,
was employed with the County, that was the practice used and perhaps Mr. Radzai
is carrying that through. That is what
he recalls how staff would apply the right turn lane requirement in the smaller
subdivisions.
Commissioner
Carey noted she did not see in the staff report that the applicant would
dedicate the 25 foot right-of-way for future widening of the project. Mr. Radzai stated the staff will look to see
what the improvements require as far as additional right-of-way and whatever is
necessary to accommodate the improvements, staff would get it at that
time. Commissioner Carey stated her
concern is that the Board will not see this project again and this dedication
is not in the development order or the staff comments.
Mr.
McMillan explained this is a code requirement.
Mr.
Fisher said the Board would see the project again when the final plat comes
through. He said there is a code
requirement, but it is waivable by the Development Review Manager and the
Mr.
McMillan said this could be added in as an acknowledgement of the code
requirement. Discussion continued.
No
one spoke in support or in opposition.
District
Commissioner Henley recommended approval of the land use amendment and rezoning
with staff findings and the addition of the 25-foot donation and inclusion of
the design.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to approve and authorize the Chairman to
execute Ordinance #2006-20, as shown on page _______, adopting a Small Scale
Land Use Amendment from Low Density Residential (LDR) to Medium Density
Residential (MDR) and Ordinance #2006-21, as shown on page ________, rezoning
from A-1 (Agriculture District) to R-1BB (Single-family Residential District)
on 9.34+/- acres located on the west side of Longwood-Lake Mary Road, south of
Washington Avenue and north of Lake Way Road, with the staff findings, addition
of the 25 foot right-of-way donation by the applicant and inclusion of the
design submitted by the applicant; as described in the proof of publication,
Bryan Potts.
Under
discussion, Mr. Fisher recommended the Board receive the design as a voluntary
commitment since this is a conventional zoning category.
Whereupon,
Chairman Henley stated they could delete that from the motion and indicate the Board accepts the design as a voluntary
agreement by the applicant.
Mr.
McMillan explained the Board could not condition a straight zoning by a
particular look of a house.
Commissioner
Morris amended the motion to approve
with the voluntary addition of the 25-foot right-of-way dedication by the
applicant.
Districts
1, 2, 3, 4 and 5 voted AYE.
SMALL SCALE FUTURE LAND USE
AMENDMENT AND REZONE/WILLIAM
H. ABBOTT
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a Small Scale Future Land Use Amendment from Suburban Estates (SE) to
Low Density Residential (LDR) and Rezone from A-1 (Agriculture District) to
R-1AAA (Single-Family Dwelling District) on a 6.5+/- acres located at 4777
Gabriella Lane, approximately 1050 feet east of Tuskawilla Road; as described
in the proof of publication, William H. Abbott, received and filed.
Chairman
Henley advised this item was withdrawn
from the agenda by the applicant (copy of letter was received and filed).
Commissioner
Morris left the meeting at this time.
Commissioner
Dallari questioned if withdrawing this item means if the applicant comes back,
he would start the process all over.
Mr.
McMillan said that was correct.
Chairman
Henley advised those in attendance that the applicant cannot reapply for a year
unless the District Commissioner wishes to request a waiver.
Speaker
Request Forms and attached Petition in opposition, as shown on page _______,
were received and filed.
Written
Request Forms were also received and filed.
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Chairman
Henley recessed the meeting at 2:17 p.m. and reconvened it at 2:30 p.m. Commissioner Morris returned to the meeting
at this time.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide stated everything is running smoothly as usual in his district.
Commissioner
Van Der Weide advised they now have a contract on the Sabal Point Country Club
to continue to operate it as a golf course, and they also have a back-up
contract. If this doesn’t fall through,
everyone should be very happy.
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Commissioner
Van Der Weide reminded everyone that the Port Authority Executive Director will
be retiring the end of this year and a Personnel Committee is working on
that.
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Commissioner
Carey advised the East Central Florida Regional Planning Council held a summit
last week and she, Commissioner Morris, and other representatives from
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Commissioner
Carey reported the State Attorney’s Office will sponsor a Victims Rights Week
Luncheon and Awards Ceremony tomorrow and she will be attending that.
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Commissioner
Carey stated a CALNO meeting will be held on May 3 and she will attend
that. She said at the last few meetings,
there have been some lively discussions and debate, and some of the resolutions
the Board members had concerns about have all been put to rest.
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Commissioner
Carey recognized Angela Seachrist, Seminole County Firefighter, who recently
completed the Boston Marathon. She
completed in the top 5% of the females and top 22% overall.
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Commissioner
Dallari advised he was given an invitation for May 21 to the Friends of Winter
Miles equestrian fundraising event at Gene Kelly Park from 1:00 to 4:00
p.m. He said all the Board members are
invited to attend.
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Commissioner
Dallari stated there was a public meeting yesterday for the
Mr.
Johnson said most of that process was based upon the existing MSBU parameters
for gathering the ballots from the residents.
He thinks the 30 days came from that.
Commissioner Dallari said he thinks 30 days might be short and he asked
if there was consensus to move that to 45 or 60 days. Discussion ensued.
Commissioner
Dallari also said there was a comment from the public asking if it should be
65% of the total residents or 65% of the ballots given back. He asked for feedback from the Commissioners
about that. He stated he did not have a
problem with the 65% as it stands, but he would like to see the 60 days time
period. Following discussion, the consensus of the Board was to extend
the period to 60 days.
Mr.
Johnson advised that since the new procedure has been put in place, there have
been three locations to go through this process and none have successfully
achieved the 65%. He said he’s not sure
if that has anything to do with the fact the program was just recognized by the
National Institute of Traffic Engineers as an outstanding traffic calming
program from others in the nation.
Commissioner
Dallari stated Mr. Johnson and staff are doing a fantastic job.
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Commissioner
Morris recognized Robin Butler and her traffic safety team for doing a
remarkable job. He said the team has now
won the Florida Bicyclist Program of the Year Award. He congratulated the team for their good
work.
COMMITTEE
REPORTS
Chairman
Henley reported that Shelley Lawton from myRegion.org was at the last meeting
of Envision Seminole and briefed the City Managers and City Mayors on the
design study and on myRegion.org. He
said he has been critical for some time that they don’t have very many mayors
who are attending that are on the board and yet, in
Chairman
Henley also stated Envision Seminole raised about $65,000 to do a survey to
find out what the community wants as their priorities and he sent out a letter
at the request of Envision Seminole (which they paid for) under the chairman’s
signature inviting all of the elected officials in the County as well as others
to attend a meeting. He said the results
are back, but have not been made public yet or shared with the board. The consultant will attend the meeting to
interpret the results. He said each
Commissioner will receive a letter.
Commissioner
Carey said even if someone cannot attend the meeting, she would like to get the
results of the survey circulated in hard copy to everyone.
Chairman
Henley stated it has been suggested to try to televise the meeting so it could
be viewed by the community for those not attending.
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Commissioner
Morris advised that Jacob Stewart, Executive Director of the Orlando Regional
Chamber of Commerce, has just won an award from the National Association of
Regional Councils.
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Commissioner
Morris complimented Chairman Henley on his announcement to run for his third
term as county commissioner.
Mr.
Fisher advised the consultant for the Compensation and Benefits presentation
was not able to connect flights and was not able to be here today. He said staff will present several other key
positions they need to address as quickly as they can. These are planners, engineers, attorneys, GIS
analysts, heavy equipment operators, contract managers, and water and sewer
mechanics. He said Mr. McMillan will
give a presentation with regard to the
Commissioner
Carey stated at the Regional Council summit this issue was discussed. She said this is not just something going on
in Seminole County, but the raiding of employees is being experienced even in
the private sector from firm to firm with a lot of commercial raiding going
on. It’s not just in
Chairman
Henley stated since the study update is being delayed, there is some additional
information he would like to see made available. He said there is no indication of who the
market was--who the County is being compared with and what the positions and
ranges are. He wants to see that type
information included in the presentation.
Commissioner
Morris asked if the statistical backup on the study was available. Mr. Fisher said he will talk with the
consultant who has information he needs to get wrapped up. He said what staff has now for May 9 is the
information on the key positions and statistical information to back that
up. He doesn’t know if the other part of
countywide issues would be ready by May 9.
Chairman
Henley also said he wants to know if the consultant looked solely at salary or
the total compensation package. He said
the Board has to look at it from the standpoint of how much the position is
costing the taxpayers which takes in the retirement benefits, health and
hospitalization, as well as the salary.
Commissioner
Carey noted that a lot of the surrounding communities don’t have the benefits
package that
Commissioner
Dallari asked if the increase of petroleum is being addressed in the
study. Mr. Fisher said it is not, other than
it being a cost-of-living factor. He
further said the cost-of-living would be likely done on some annual basis and
there was no discussion on doing it quarterly or some other time.
Commissioner
Morris asked if the compensation for mileage was ever taken care of. Mr. Fisher answered yes.
Upon
inquiry by Commissioner Dallari regarding the way the County buys gas or
petroleum due to the increase, Mr. Fisher said he asked Frank Raymond to be
present in case some questions came up.
He said he and DCM Sally Sherman spoke earlier today about resurrecting
some conservation policy and not make it short-term but a permanent practice
for the County, like car pooling.
Frank
Raymond, Fleet Manager, addressed the Board to answer that the County is
currently buying off the
Attorney
McMillan said he would like to go ahead and move on at this point regarding
compensation for his office. He said the
consultant’s recommendations were pretty much close to his conclusions, having
looked at the
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to approve the recommendation of Mr. McMillan
to establish the compensation range of $54,000 to $120,000 for the Assistant
County Attorney positions; and authorize him to make adjustments in his office
to the incumbents.
Under
discussion, Commissioner Morris amended
the motion to reflect the range of
$62,000 to $120,000. He explained
$62,000 would put the range between the Osceola and Volusia counties’
range. He said he thinks they should set
the minimum level that is commensurate with the average person getting out of
law school.
Districts
1, 2, 3, 4 and 5 voted AYE on the amendment
to the motion.
The
vote on the motion, as amended, was
taken with Districts 1, 2, 3, 4 and 5 voting AYE.
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Mr.
McMillan advised the oral argument at the Fifth District Court of Appeals was
held a week ago on the rural boundary case and he thought the oral argument
went extremely well.
COUNTY
MANAGER’S BRIEFING, Continued
Mr.
Fisher discussed the
Commissioner
Morris reminded everyone the Board’s direction to Mr. Drage, who was speaking
on behalf of
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Mr.
Fisher advised he received a call during the meeting from Tom Green, developer,
and he verbally indicated that as long as what was discussed yesterday
afternoon is represented, then he is comfortable with Colonial being in
agreement. Mr. Fisher explained Mr.
Green had not seen the memorandum (copy received and filed) distributed earlier. Mr. Fisher recommended advising Mr. Green to
put the city of
Upon
inquiry by Commissioner Carey, Mr. Fisher said the earliest he can bring the
agreement to the Board would be May 9.
Whereupon, Mr. McMillan advised there are still some technical issues to
be dealt with. Discussion continued.
Chairman
Henley stated the Board wants to make sure that what the Board agrees to is
enforceable by
Commissioner
Morris said he strongly recommends, because of the misunderstandings by the
presentations County staff has made to the city of
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Mr.
Fisher announced that Saturday is the
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Chairman
Henley announced that Commissioner Van Der Weide gave him a news release from The
Times published today that the legislators have backed off the property tax
changes.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:20 p.m., this same date.
ATTEST:
______________________Clerk____________________ Chairman
er/cc