BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

APRIL 27, 2004

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m. on Tuesday, April 27, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2) (Late)

Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     The Invocation was given by Interim Pastor Michael Andrews, Markham Woods Presbyterian Church. 

     County Manager, Kevin Grace, led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Dennis Dolgner, Port Authority Executive Director, addressed the Board to present a check in the amount of $300,000, in an effort to ease the taxpayers’ burden and in appreciation of the Board’s support over the years. 

     The Board expressed their appreciation to Mr. Dolgner and the Authority. 

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     Commissioner Morris entered the meeting at this time. 

     County Finance Director, Bob Wilson, and Daniel J. O’Keefe, CPA with Harris, Cotherman, O’Keefe & Associates, addressed the Board to present the Comprehensive Annual Financial Report


(CAFR) for Fiscal Year ending September 30, 2003.  Mr. O’Keefe advised this is the best opinion the County could have as there are no qualifications whatsoever.  He stated management staff gave them tremendous cooperation on this effort. 

     Mr. O’Keefe gave a PowerPoint presentation (copy of slides were received & filed), outlining and discussing the following:  Organization of the CAFR; Introductory Section; Financial Section; Compliance Section; and a Comparison to Other Counties. 

     Upon inquiry by Commissioner Morris, Mr. O’Keefe advised of a typographical error on Page 21 with regard to unreserved fund balance for the General Fund, advising it should read 20.39% instead of 2039%. 

     Upon further inquiry by Commissioner Morris, Mr. O’Keefe stated that from an auditor’s perspective the bond money is being spent within the prescribed period of time and they do not get involved with when the money should be spent. 

     Discussion ensued between Commissioner Morris, County Manager, Kevin Grace, and Mr. O’Keefe with regard to the unreserved fund balance and what is included in the General Fund. 

     With regard to the Comparison to Other Counties, Commissioner Morris stated the audit is citing a number of counties that are tourism counties, and he questioned if a comparison could be made with counties that are more similar in nature to Seminole County. 

     Mr. O’Keefe stated this comparison is based on how the Auditor General groups the counties; but he said he could eliminate a few of the counties used and pull other counties in.  He added that he will work with staff to come up with another pool of counties. 

     Chairman McLain stated he is happy with the results of the audit as it looks like the County is in good standing.  He expressed his appreciation to staff for their work. 

     Commissioner Henley stated he believes a work session would be helpful to the Board next year when the CAFR is presented.  He stated that the CAFR is comprehensive and the auditors have done a very good job. 

     Commissioner Morris suggested adding the population growth rate to the report. 

Mr. Wilson, at the request of Commissioner Morris, stated he will confirm the percentage of taxable value of commercial and residential property as stated on page 30 of the CAFR. 

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     Frank Martz, Director of Community Redevelopment Agency & Planning Services for the City of Altamonte Springs, addressed the Board to give a PowerPoint presentation of the FlexBRT project (copy of slides received & filed).  He outlined and discussed the following:  Background; Feasibility Study; PD&E Study Purpose; FlexBRT Concept; Service Area & Stations; Operations Analysis; Roadway Improvements; Westmonte Drive & SR 436; Total Project Costs; FlexBRT vs. Traditional Transit; Bang for the Buck; Funding; Capital Funding; Operations & Maintenance Funding; FlexBRT’s Regional Significance; and Schedule. 

     Commissioner Maloy stated he believes the concept of making stops closer to people’s homes and work places is very interesting and exciting. 

     Upon inquiry by Commissioner Maloy, Mr. Martz advised the route will not go down SR 436, but will go north and south. 

     Commissioner Van Der Weide stated this is “out of the box” thinking and he wished Mr. Martz success. 

     The Chairman thanked Mr. Martz for his presentation. 

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     Steve Miller, Executive Director of the South Seminole & North Orange County Wastewater Transmission Authority (SSNOCWTA), addressed the Board to give a PowerPoint presentation outlining and discussing the following:  Summary of Enabling Act; Enabling Act Customers & Committed Flows; Service Area Map; and Summary of Amended & Restated Interlocal Agreement. 

Lowery Rockett, Rockett & Associates, addressed the Board to continue with the PowerPoint presentation and discussed the following: SSNOCWTA Facilities; Pump Station Locations; Wastewater Transmission System; Capital Improvement Program; Historical Customer Payments; Debt Service; and Change in Debt Service.  He advised the service life of the facility is coming to an end and they need to do a proactive approach to put the facility back into good service.  He further advised they have identified the cost for the refurbishing at $21,732,900.  Phase I cost is estimated at $14,969,200 and will run from FY 2004 thru FY 2007.  He stated the old debt service will be retired in October 2004.  He reviewed the proposed debt service for the renovations and stated Seminole County will be assuming $286,313 for the first phase; currently the County is paying $151,889 (retired in October 2004). 

     Upon inquiry by Commissioner Morris, Mr. Rockett advised the half-life of the project is 25 to 30 years.  He further advised that the County will be receiving a written notice soon after the Authority takes action on this plan at this Thursday’s meeting. 

     Commissioner Morris stated he believes the BCC needs to further discuss the option of going with the critical projects plan ($14.9 million) or the five-year plan ($21.7 million). 

     Chairman McLain directed Mr. Grace to prepare a recommendation and report back to the Board. 

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     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-76, as shown on page ________, proclaiming April 27, 2004 as “Seminole County Farm Tour Day”. 

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

     The Resolution was presented to Dr. Moriarty who expressed his appreciation for same. 

COUNTY MANAGER’S CONSENT AGENDA

     The Chairman advised that Item #14, Amendment #2 to RFP-4188-03/BJC and Item #22, Contract for the Lisa Merlin House, Inc. have been withdrawn from the agenda.  He also advised that there is an error in the deed description on Item #6, Frog Alley/Midway, which will be corrected. 

     At the request of Commissioner Maloy, County Engineer, Jerry McCollum, addressed the Board to advise he will schedule an appointment with Commissioner Maloy to give him an update on the construction of the Cross Seminole Trail at SR 426. 

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

Administrative Services

Support Services

 5.  Approve and authorize Chairman to execute Third Amendment, as shown on page _______, to Lease of Real Property to Seminole County Victim’s Rights Association. 

 6.  Approve request to declare surplus and adopt Resolution #2004-R-77, as shown on page _______, authorizing Chairman to execute the County Deed, as shown on page _______, conveying Parcel #04-20-31-502-0000-0060, Frog Alley, (Midway) Sanford, a County-owned 5,390 sq. ft. vacant parcel to the Sanford Airport Authority for $3,094. 

 

Community Services

Community Assistance

 7.  Approve the continued participation in the Florida Department of Law Enforcement’s Byrne State and Local Law Enforcement Assistance Formula Grant Program; and authorize Chairman to sign the Certificate of Participation, as shown on page _______.

 

Fiscal Services

Budget

 8.  BCR #04-28 – $50,000 – Environmental Services – Water & Sewer – Fund: 40100 – Water & Sewer Fund.   The Northwest Area Consumptive Use Permit required Seminole County to annually expend $50,000 per year for a minimum of three years to fund a mobile irrigation lab.  This year’s irrigation evaluations have proved so successful that the County is requesting St. John’s River Water Management District to allow accelerating the program schedule with no increase in project cost.  The additional funds are available from the Greenwood Lakes Power Easement Gravity Sewer Rehabilitations project.  This project was completed and has excess funds remaining.

Purchasing

 9.  Award CC-1228-04/TLR Contract, as shown on page ________, for the Greenwood Lakes WWTF Master Pump Station Upgrades Mechanical Screens with Wharton-Smith, Inc., Lake Monroe ($642,000.00).

10.  Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1191-02/BJC – Seminole County Services Building Parking and Drainage Improvements with Prime Construction Group, Inc.

11.  Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for CC-1210-03/BJC – Orange Boulevard Hydraulic Loop with Prime Construction Group Inc., Orlando.

12.  Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1168-01/BJC – Markham Regional Water Treatment Plant with Wharton-Smith Inc., Lake Monroe.

13.  Approve Ranking List, authorize negotiations, and award a Master Agreement, as shown on page _______, for PS-5158-04/TLR – US 17/92 Design from Orange County line to Lake of the Woods Boulevard. 

14.  WITHDREW from the agenda request to approve Amendment #2 to RFP-4188-03/BJC – Security Services for Seminole County, to Allied Protection Services, Inc. of Fort Myers ($179,903.36 per year).

15.  Award IFB-3087-04/GMG – Term Contract, as shown on page ________, for Supply and Service of Controllers, Cabinets with Ethernet and Miscellaneous Appurtenances and Components, to Naztec, Inc., Sugar Land, Texas.

16.  Approve Amendment #2, as shown on page _______, and Renewal #2 (Final) to A/B-3002-00/JVP – Term Contract for Lease/Maintenance for Landfill Equipment, with Ring Power Corporation, Atlanta, Georgia (September 28, 2004 through September 27, 2005).

17.  Approve Amendment #1, as shown on page _______, and Renewal #2 to RFP-4147-02/LJS – Term Contract for Mosquito Control Services, with Clarke Mosquito Control, Kissimmee (June 10, 2004 through June 9, 2005).

18.  Approve Sole Source Procurement and authorize the issuance of a Purchase Order for the Purchase of an Integrated Lightning Prediction and Warning System, with Thor Guard, Inc., Sunrise ($30,577.50).

19.  Approve Sole Source Procurement M-374-A-04/TLR, waive the procurement process and authorize the issuance of a Miscellaneous Agreement, as shown on page _______, for Boat Ramps at C.S. Lee Park boat ramps renovation and Mullet Lake Park boat ramps renovation, to Randall G. Tedder Construction, Inc., Ocala ($170,000.00).

 

Information Technologies

Telecommunications

20.  Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement (FOCN), as shown on page _______, for the shared use of the FOCN by the City of Oviedo, as authorized under the provisions of Chapter 163, Florida Statutes. 

 

Library & Leisure Services

Parks & Recreation

21.  Approve and authorize Chairman to execute renewal of Lease Agreement, as shown on page _______, with Seminole Baseball, Inc., for the rights to facilities at Soldier’s Creek Park.

 

Planning & Development

Community Resources

22.  WITHDREW from the agenda request to approve and authorize Chairman to execute Contract for real property acquisition/rehabilitation for the Center for Affordable Housing, Inc.; Lisa Merlin House, Inc.

23.  Approve proposed Amendment and its submission to the U.S. Department of Housing and Urban Development (HUD) to the 2000-2001 One Year Action Plan for the 2000-2005 Five Year Consolidated Plan to provide for HOME program transitional rental housing.  

24.  Approve and authorize Chairman to execute Resolution #2004-R-83, as shown on page _______, for the new 2004/2007 Local Housing Assistance Program and authorize staff to submit the proposed Plan to the Florida Housing Finance Corporation for approval. 

Development Review

25.  Adopt appropriate Resolution #2004-R-78, as shown on page _______, approving vacating and abandoning the west 5’ of the 10’ Utility Easement on the east side of Lot 35, Autumn Glen Phase I, 1815 Meadowgold Lane to eliminate the encroachment of a pool and pool deck into the easement and provide future construction of a pool enclosure (Abdelhak Remanda and Chrystele Leroutic). 

Planning

26.  Authorize scheduling and advertising a Public Hearing for consideration of adoption of the proposed Joint Planning Interlocal Agreement between Seminole County, the City of Sanford and the Sanford Airport Authority. 

 

Public Safety

Animal Services

27.  Approve the holding of “Tag Day” on May 23, 2004; and authorize waiver of rabies vaccination and pet license fees during this event. 

 

Public Works

Administration

28.  Approve reappointment of Commissioner Gary L. Brender, City of Lake Mary, as a Municipal Representative to serve on the Seminole County Expressway Authority. 

Engineering

29.  Approve and authorize Chairman to execute Agreement, as shown on page _______, relating to St. Johns Parkway Right-of-Way, County, and City, (Dyson and Stenstrom Properties); and Supplemental Memorandum of Understanding related to Airport Boulevard and St. Johns Parkway Road Improvement Projects (This item relates to the County Attorney’s Consent Item #35).     

30.  Adopt appropriate Resolution #2004-R-79, as shown on page _______, authorizing Chairman to execute the Locally Funded Agreement, as shown on page _______, between the State of Florida Department of Transportation and Seminole County for construction of the Cross Seminole Trail Crossing of State Road 426 on the Oviedo Marketplace Extension to Aulin Avenue. 

Road Operations/Stormwater

31.  Authorize release of Road Maintenance Bond #LC #6049196 ($15,369.00) for the Chase Townhomes Phase I project.  

 

Tourism Development

32.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission for the 2004 Got Milk? 3x3 Soccer Shootout Regional Championships in the amount of $8,000.00. 

33.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission in the amount of $3,000.00 for the 3-day soccer event at Seminole County Sports Training Center.  

34.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission in the amount of $20,000.00 for the 9-day multi-sport collegiate event using all 5 fields at the Seminole County Softball Complex and all 25 tennis courts at Seminole County Sanlando Park. 

 

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

 

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Henley, seconded by Commissioner Maloy to approve and authorize the following: 

Litigation

35.  Approve proposed settlement relating to Parcel Numbers 201A and 201B of the Airport Boulevard Phase III road improvement project, located on both sides of realigned Airport Boulevard south of St. Johns Parkway, Showtime Investments, Inc. and Sanford Auto Dealers Exchange, Inc., in the amount of $78,600.00, inclusive of attorney’s fees and costs.  (This item relates to County Manager’s Consent Item #29). 

Property Acquisition

36.  Approve and authorize execution of Purchase Agreement, as shown on page _______, with Dale and Donna McConnell relating to Parcel Number 16-19-30-5AB-0500-003A of the Lockhart-Smith Canal Drainage System improvement project, located at 1451 North Oregon Street, Sanford, in the amount of $17,500.00, inclusive of fees, costs and expenses.

37.  Approve and authorize execution of Purchase Agreement, as shown on page _______, with Thomas & Andrea Youngblood relating to Parcel Number 16-19-30-5AB-0200-0070 of the Lockhart-Smith Canal Drainage System improvement project, located at 4757 Orange Boulevard, Sanford, in the amount of $105,000.00, inclusive of all fees, costs, and expenses incurred.

38.  Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Number 16-19-30-5AB-500-0060 of the Lockhart-Smith Canal Drainage System improvement project, located at 4760 Ohio Avenue, Sanford, Juarez, in the amount of $2,000.00, with no fees, costs or expenses incurred.

39.  Approve and authorize execution of Purchase Agreement, as shown on page ________, relating to Parcel Number 119 of the C-15/Elder Creek Ponds improvement project, located at 460 Monroe Road #C15, Sanford, Ellen Schirmer, in the amount of $103,000.00, inclusive of all fees and costs. 

40.  Authorize Binding Written Offers relating to Parcel Numbers 137, 139A, 139B/739, 140, 142, 144, and 146 of the Lake Drive road improvement project.

41.  Authorize Binding Written Offers relating to Parcel Numbers 16-19-30-5AC-0000-00E1, 16-19-30-5AC-0000-00E2; and 16-19-30-5AC-0000-00B1, 16-19-30-5AC-0000-00B5, 16-19-30-5AC-0000-00C0 of the Elder Creek/C-15 (Ponds) road improvement project.

42.  Authorize and approve First Amended Resolution of Necessity #2004-R-80, as shown on page _______, relating to the C-15 road improvement project/Elder Creek Regional Stormwater Facility project.

 

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

CONSTITUTIONAL OFFICERS’ REPORTS

     Motion by Commissioner Henley, seconded by Commissioner Morris to approve and authorize the following: 

CLERK’S REPORT

43.  Expenditure Approval List, as shown on page ________, dated April 6, 2004; and Payroll Approval List, as shown on page _______, dated April 8, 2004. 

 

44.  Chairman to execute the Satisfaction of Judgment for Bail Bond Lien for Robert Clay Wigginton, Jr. & Accredited Surety & Casualty in the amount of $538. 

 

45.  Chairman to execute the following Satisfactions of Judgment for Public Defender Liens: 

 

Rodney K. Albright, #98002300CFA - $375

Dale Bonner, #03008817MMA - $260

Michael D. Brummett, #98006226MM - $200

Ivory Brunson, #90002683CFA - $150

William Joseph Dame, #03011299MMA - $260

Serrano L. Daniel, #01003668CFA - $200

John Robert Duckworth, #02010789MMA - $100

Sabrina A. Engle, #00000365CFA - $300

Denise Frye, #03007743MMA - $100

John David Hasty, #03006877MMA - $260

Beverly Hewitt, #03010774MMA - $100

Patrick McAllis Larue, #03011131MMA - $260

Dewey Lindsay, #03000457CFA - $200

Jose A. Lugo, #98001808CFA - $350

Terry Allen Manley, #03000211CFA - $200

John Michael Meister, #02009570MMA - $100

Taebea Mae Miller, #03006325MMA - $260

Tanya Lynn Miser, #93011922MM - $75

Tanya Lynn Miser, #96001392CFA - $250

Tanya Lynn Miser, #98000076CFB - $300

Tanya L. Miser, #94008640MM - $75

Tonya Miser, #98000645MM - $100

Sheri Annadele Myers, #04000380MMA - $25

Robert Martin Norwick, #94009172MM - $200

Adalberto Villa Ortiz, #04000349MMA - $25

John Michael Philon, #02007394MMA - $100

Lisa Ann Ratliff, #03012334MMA - $50

Donna Joy Roundtree, #04001004MMA - $100

Ronald Corey Swanson, #03009736MMA - $50

Leonard S. Topar, #04000956MMA - $100

First Title America Whitaker Shawn, #95000385CFA - $200

 

46.  Approval of Official Minutes dated March 23, 2004. 

 

47.  Noting, for information only, the following Clerk’s “received and filed”: 

 

 1. Change Order #2, as shown on page _______, to CC-1181-02.

 2. Change Order #1, as shown on page _______, to CC-1206-03.

 3. Change Order #2, as shown on page _______, to CC-1206-03.

 4. Work Order #18, as shown on page _______, to PS-586-01.

 5. M-433-04 Contract, as shown on page _______,CPH Engineers, North Seminole Regional Reclaimed Water & Surface Water Augmentation System Expansion and Optimization Study.

 6. Amendments #1 and #2, as shown on page _______, to Work Order #10 to CC-1212-03.

 7. Work Order #2, as shown on page _______, to PS-5103-01.

 8. Work Order #4, as shown on page _______, to CC-1215-03.

 9. Work Order #46, as shown on page _______, to PS-556-00.

10. First Amendment, as shown on page _______, to RFP-468-99.

11. Work Order #15, as shown on page _______, to RFP-4173-02.

12. Amendment #1, as shown on page _______, to M-362-03.

13. Work Order #6, as shown on page _______, to CC-1212-03.

14. Work Order #1, as shown on page _______, to PS-5150-03.

15. Amendment #1, as shown on page _______, to Work Order #61 to PS-590-01.

16. Work Order #14, as shown on page _______, to RFP-4173-02.

17. Work Order #13, as shown on page _______, to PS-5130-02.

18. M-434-04 Contract, as shown on page _______, Randal Arendt, Urban Conservation Village Workshop.

19. Amendment #2, as shown on page _______, to Work Order #13 to CC-1212-03.

20. M-432-04 Contract, as shown on page _______, WHH Enterprise.

21. Development Orders, as shown on page _______, as follows:  #04-50000001, Griffith Guest House; #03-30000207 Alamosa Place; and #04-30000011 Harrison Variance.

22. IFB-3083-04 Recycle Bins Purchase Agreement, as shown on page _______, Otto Waste Systems.

23. Maintenance Bonds, as shown on page _______, as follows:  Shurgard Storage Center @ Hunt Club in the amount of $5,097.80; Butler Ridge Development in the amount of $50,590.41 for the project known as Kenmure; BVC Properties in the amount of $2,250 for the project known as Bougainvillea Clinque; BDC Markham Ltd. in the amount of $1,551.20 for the project known as Lake Markham Preserve Ph 2; and Homevest LLC in the amount of $70,500 for the project known as Estates @ Wekiva Ph 1.

24. IFB-3084-04 Contract, as shown on page _______, Commercial Door & Frame Service, Inc.

25.         IFB-3084-04 Contract, as shown on page _______, DB Industry, LLC.

26. Recorded Quit Claim Deed, as shown on page ________, Lucille Green Michel, a/k/a L.G. Michel.

27. Bill of Sale, as shown on page _______, accepting water service within the project known as Lake Markham Preserve Ph 2.

28. Satisfaction of Connection Fees, as shown on page _______, for the project known as Colonial Town Park Sun Trust Bank – Colonial Realty LP.

29. Bill of Sale and Warranty Deed, as shown on page _______, accepting water service within the project known as Estates of Wekiva Park Ph 1.

30. Customer Agreement, as shown on page _______, for  Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Lake Mary Professional Campus LLC for the project known as Lake Mary Professional Campus.

31. Notice from the Public Service Commission re:  Application for rate increase in Seminole County by Alafaya Utilities, Inc.

32. Memorandum to Kevin Grace, County Manager, from Sandy McCann, Commission Records Supervisor, re:  Outstanding BCC Documents.

33. Notice of Application for Extension of Service Area from Florida Water Services Corporation to amend its Wastewater Certificate #226-S to add territory in Seminole County.

34. Memorandum to Kevin Grace, County Manager, from Ray Hooper, Purchasing & Contracts Manager, re:  Outstanding BCC Document PS-5137-03.

35. Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, re:  P&D Documents.

36. Assignment of Hazardous Waste Disposal Agreement, as shown on page _______, RFP-4146-02, U.S. Liquids of Florida, Inc.

37. Bids as follows:  PS-5160-04, IFB-3087-04, CC-1228-04, CC-1229-04 and PS-5159-04.

 

SHERIFF’S OFFICE

48.  Approve electronic submission of the U.S. Department of Justice 2004 Weed & Seed grant application.  The U.S. Department of Justice awarded the Seminole County Sheriff's Office a Weed & Seed supplement award in the amount of $225,000 for each of the past two years. This five-year grant must be re-applied for each year. Funds will be used for the continual improvement in the three officially designated Weed & Seed sites of Midway, Winwood, and Georgetown.  Funds will be used to pay for overtime for increased operations in the areas, various assistance type programs for adults and children in the area, as well as, funds for additional crime investigative/preventative equipment.  No new positions are associated with this grant. 

 

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

COUNTY MANAGER’S BRIEFING

     Planner, Dick Boyer, addressed the Board to request direction with regard to the continuation of the operation and funding of the Oviedo area LYNX Route 47.  He advised that the route was started with the City of Oviedo and the County equally sharing the startup cost.  The full cost of the route in FY 03/04 is $277,000, of which the County is scheduled to pay $211,000 and the City $66,000.  For FY 03/04, the County requested $81,000 from the City to cover both Route 47 ($66,000) and ADA service to the City ($15,000).  He stated that the City has only budgeted $43,000 for both services.  He further advised that on April 8, LYNX informed County staff that the County needs to make a decision as to whether or not to cancel this route by April 30, 2004.  He distributed a copy of a memo (received & filed) dated April 26, 2004, from the Interim City Manager of Oviedo, Eugene Miller, stating the City is willing to continue discussions about funding this route and asking that the BCC make no final decision on discontinuing the route until the summit meeting between the cities and County officials has been held. 

     Commissioner Henley stated his concern is that the cities of Winter Springs, Longwood and Oviedo have only paid half of their share for LYNX and he believes it is a conspiracy among the cities to get the BCC to raise the gas tax.  He further stated that he has no intention of voting to raise the gas tax; and, furthermore, if the cities do not want to pay their share, he has no problem with shutting the routes down.  He added if the Oviedo route is shut down, there will be 5,000 more cars going through downtown Oviedo.  He added he believes this is shortsightedness on behalf of the City. 

     Commissioner Maloy stated this route has been an ongoing problem and he believes LYNX needs to look at boosting the ridership of the route.  He added that he is not for raising taxes either and does not plan to do so. 

     Commissioner Morris concurred with Commissioner Maloy that something needs to be done to increase ridership.  He added that he hates to have this route discontinued. 

     Commissioner Van Der Weide stated he agrees with everything that has been said.  He further stated he believes this needs to be hammered out at the next City/County Managers’ meeting. 

     Bill Scheeman, representing LYNX, addressed the Board to state the LYNX Board would like to see a solution by April 30, 2004; but said they would be willing to see if an agreement can be worked out and will extend the deadline to May 30. 

     County Manager, Kevin Grace, advised the City of Winter Springs has asked for a joint meeting with the BCC to discuss the Paratransit issue. 

     Chairman McLain directed Mr. Grace to schedule the meeting with Winter Springs and to set an agenda for same. 

     At the request of Commissioner Henley, Mr. Scheeman updated the Board on the proposed Medicaid legislation and the impact on the County. 

     Chairman McLain stated the issue of funding for Route 47 will be decided at the BCC meeting of May 25. 

REGULAR AGENDA

     Director of Human Resources, Janet Davis, and DCM, Sally Sherman, addressed the Board to discuss the Employment Classification Policy relating to temporary employees and internships. 

     Ms. Davis reviewed the staff recommendations as outlined in the Agenda Memorandum.  She added that of the 70 temporary positions, 48 are in the Library & Leisure Services Department.  Of the 48, 38 should be reclassified as “regular part-time”. 

     Mr. Grace stated that those positions will be shown to the Board during the budget process. 

     Upon inquiry by Commissioner Morris, Ms. Davis advised that staff recommends that anything less than 40 hours be classified part-time. Federal standards state that full time can be considered anything 35 hours or more. 

     Commissioner Henley stated he believes this policy greatly improves the situation; but he is still not satisfied with it.  He stated that the policy does not talk about the length of time for internships. 

     A brief discussion ensued with regard to the number of hours worked considered part-time. 

     Mr. Grace stated staff will come back to the Board with a tightened up policy on regular part-time positions and internships.  He suggested the Board approve the policy as written today and staff will come back with a refinement version. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to approve and implement staff recommendations with regard to the Employment Classification Policy for temporary employees, regular part-time employees, and internships; and to direct staff to bring back for Board consideration definition of the hours for part-time employees and internships. 

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

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     Planner, Jeff Hopper, addressed the Board to present the Minor Amendment to the River Run (Rain Tree) PUD Final Master Plan, located at the northeast corner of SR 46 and SR 415, Bob Zlatkiss.  He advised the applicant is requesting the amendment to permit single-family homes in place of recreational vehicle sites as previously approved.  This change represents a reduction from approximately 260 RV units at 7.5 units per acre to 155 single-family homes at 4.4 units per acre.  A remnant of the original area approved for RV use will continue in that use with 68 sites on 5.6 acres.  He further advised staff is in support of the request; however, there is a concern that prospective homeowners receive proper notice of their proximity to Sanford-Orlando International Airport.  This should include disclosure statements provided by the developer to all buyers.  Also, construction of homes in the development should incorporate special design features for attenuation of outdoor sound.  He stated that on page 2 of Addendum #1 in the agenda packet, 7’ from the edge of water, should be changed to a setback of 70’ from the edge of the water for swimming pools. 

     Commissioner Henley stated it concerns him that the County’s RV Parks are disappearing and the County does not have the facilities to accommodate those that want them. 

     Commissioner Morris suggested the Parks & Recreation Advisory Board determine if there is a need not fulfilled by the private sector. 

     Chairman McLain stated he believes that is an excellent idea. 

     Bill Fogel, representing the applicant, addressed the Board to state they are in agreement with the staff recommendations and request approval of the amendment.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve request for a Minor Amendment to the River Run (Rain Tree) PUD Final Master Plan, located at the northeast corner of SR 46 and SR 415; and authorize the Chairman to execute Addendum #1 and Developer’s Commitment Agreement, as shown on page _______, as amended, Bob Zlatkiss. 

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

LEGISLATIVE UPDATE

     DCM, Sally Sherman, gave an update on the recent legislative actions dealing with the Department of Juvenile Justice Funding (SB 2564) and Article V/Revision 7 (SB 2962).  The negative impact to the County for the Juvenile Justice funding is $1.6 million and the negative impact for the Article V/Revision 7 is $1.6 million. 

     Mr. Grace advised he has e-mailed the Legislative Delegation members and Rep. Randy Johnson is the only member that e-mailed him back.  He stated he believes it is helpful if the Commissioners would e-mail or call the delegation members to voice their concerns. 

     Ms. Sherman advised SB 1214/HB 849, the Wekiva Parkway, is moving forward.  She stated the County has been protected as it relates to the Seminole County Expressway Authority being able to select the route and work with FDOT and the Turnpike Authority.  She further stated the Governor is appointing a Wekiva River Basin Commission consisting of 19 members.  Voting members are a Commissioner from Orange, Lake and Seminole Counties, an elected municipal official from each County and three citizens.  The 10 non-voting members include one each from MetroPlan Orlando, SCEA and OOCEA, and the balance from various State agencies.  The Commission is to monitor and ensure the implementation of the various elements of the Wekiva River effort. 

     Upon inquiry by Commissioner Van Der Weide, Ms. Sherman advised there are several bills dealing with trauma centers and they are being monitored. 

COUNTY MANAGER’S BRIEFING, CONTINUED

Commissioner Morris left the meeting at this time.       Eugene Chambers, Community Resources, addressed the Board to give a PowerPoint presentation on the public services strategy as it relates to housing.  He reviewed and discussed the following slides (copies received & filed):  Special Needs Housing; Special Needs Housing Partnerships; Transitional Housing Needs; Transitional Housing Partnerships; Tenant Based Rental Assistance; Self-sufficiency Program Partnerships; and Annual Local Housing Assistance Plan Strategies & Programs. 

     Commissioner Henley questioned if staff has done any follow-up on the clients using the tenant based rental assistance after three to five years to see if they are successful. 

     Mr. Chambers stated this was a pilot program and staff is developing a tracking system for follow-up purposes. 

     Community Resources Manager, Colleen Rotella, addressed the Board to state this is not a voucher program.  The clients must be in an education system and have to be working.  She added they will be working with Dave Medley to do the tracking. 

     Commissioner Henley stated under Item #24, New SHIP Local Housing Assistance Plan for FY 04/05, 05/06 and 06/07, the Board approved increasing the maximum sale price of new homes from $100,000 to $150,000.  He advised the Board that the State has approved a price of up to $160,000. 

     Ms. Rotella stated staff recommends $150,000 for new homes and if they need to come back and amend the limit to $160,000, they will. 

     The Chairman thanked Mr. Chambers and Ms. Rotella for their presentation. 

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     The Chairman recessed the meeting at 11:55 a.m., reconvening at 2:43 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

BUDGET AMENDMENT RESOLUTION

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to adopt the Mid-Year Budget Amendment Resolution to reconcile to actual FY 02/03, received and filed.

     Lisa Spriggs, Fiscal Services Director, addressed the Board to present the request as outlined in the Agenda Memorandum.  She stated the total budget amendment is $35,400,252 and operational adjustments reflected in that amount are $689,829. 

     No one spoke in support or in opposition.

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Mid-Year Budget Amendment Resolution #2004-R-81, as shown on page ________, reconciling to actual FY 02-03.

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

VACATE & ABANDON/Dave Brewer, Inc./Mobley

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to vacate and abandon a 10’ platted drainage and utility easement consisting of 1,825 sq. ft. +/-, located on the east side of Lot 22 and the west side of Lot 21 on Legacy Hills Court in Alaqua Lakes Subdivision, Dave Brewer, Inc. and John Mobley, received and filed.

     Michael Rumer, Development Review, addressed the Board to state the applicant is requesting to vacate the 10’ wide platted drainage and utility easement in order to accommodate one single-family home on the two lots.  The area of the easement vacate does not contain any utilities and the applicant has provided letters from the applicable utility companies stating no objections to the request.  He stated staff recommends approval of the request.

     No one spoke in support or in opposition.

     District Commissioner McLain recommended approval of the request with staff’s recommendation.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-82, as shown on page _________, vacating and abandoning a 10’ platted drainage and utility easement consisting of 1,825 sq. ft. +/-, located on the east side of Lot 22 and the west side of Lot 21 on Legacy Hills Court in Alaqua Lakes Subdivision, as described in the proof of publication, Dave Brewer, Inc. and John Mobley. 

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

LAND USE AMENDMENT/REZONE/Turnbull & Gorovitz

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial), and Rezone from A-1 (Agriculture) to C-2 (Retail Commercial) on approximately 4.8 acres, located between CR 427 (Ronald Reagan Blvd.), SR 419 and US 17/92, Allison E. Turnbull and Aaron J. Gorovitz, received and filed.

     Tina Deater, Planning, addressed the Board to state the subject parcels have split zoning of C-2 and A-1 and split Future Land Use designations of Low Density Residential and Commercial.  The applicant is proposing to make the Small Land Use Amendment and Rezone consistent across the entire 4.88 acres.  She reviewed the Future Land Use and zoning of surrounding properties as outlined in the agenda memorandum.  Single-family development is located to the northwest and is separated from the subject property by CR 427.  Besides being separated by a major roadway, the houses within the single-family development are heavily buffered by a masonry wall and extensive landscaping.  She stated staff feels that the proposed land use and rezone complies with the policies in the Vision 2020 Plan.  Therefore, staff recommends approval of the Land Use Amendment and Rezone. 

     Attorney Allison Turnbull, Lowndes Drosdick Doster Kantor & Reed, addressed the Board to state she agrees with staff’s recommendations.

     District Commissioner McLain recommended approval of the request with staff’s recommendations.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2004-15, as shown on page _________, approving the Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial); Ordinance #2004-16, as shown on page ________, approving the rezone from A-1 (Agriculture) to C-2 (Retail Commercial) on approximately 4.8 acres, located between CR 427 (Ronald Reagan Blvd.), SR 419 and US 17/92, as described in the proof of publication, Allison E. Turnbull and Aaron J. Gorovitz. 

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

CUB COVE WATER & WASTEWATER MSBU

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Cub Cove Water & Wastewater Improvement Municipal Services Benefit Unit for the purposes of providing water service for drinking and household purposes and wastewater transfer within the unit, received and filed.

     Kathy Moore, MSBU Manager, addressed the Board to present the request as outlined in the agenda memorandum.  She reviewed the estimated total cost for the project.

     No one spoke in support or in opposition.

     District Commissioner Van Der Weide congratulated Ms. Moore and staff for the work they have done on this.  He stated the residents in that area are happy that they are getting what they want.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #2004-17, as shown on page _________, creating the Cub Cove Water & Wastewater Improvement Municipal Services Benefit Unit for the purposes of providing water service for drinking and household purposes and wastewater transfer within the unit, as described in the proof of publication.

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

CHAIRMAN’S REPORT

     Chairman McLain stated he has been advised that the NRA banquet is scheduled for Saturday evening at the HBA facility at 17-92 and Maitland Blvd. and, he will give details on that to anyone wishing to attend same. 

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     Chairman McLain stated the meeting of the US 17-92 Community Redevelopment Agency was held earlier today and he feels the Board should support extending the CRA Board beyond the current years in place.

     Commissioner Van Der Weide stated he feels that it is obvious that the CRA Board will have to be extended.

     The Board voiced no objections to authorizing the County Manager to evaluate extending the CRA Board and bringing it back to the Board.

     Commissioner Henley stated he would like the County Manager to look at whether or not the County still needs the 13-mile corridor. 

     Chairman McLain stated the other cities will have some involvement in that and they will decide whether they want to continue their portion of it.

     Commissioner Morris stated the City of Lake Mary has a very small portion and they may or may not want it.

     Chairman McLain stated he feels the City of Longwood might want to come on board.

     Commissioner Henley stated he feels the County may want to look at whether or not they want to leave it as it is.

     Chairman McLain recommended that staff bring that back to the Board.

COMMUNICATIONS AND/OR REPORTS

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

 1. Letter dated 4/7/04 to Chairman McLain from Thomas K. Mahoney re: resignation from Planning & Zoning/Land Planning Agency (P&Z/LPA). (cc: BCC, Planning & Development Director, Planning Manager)

 

 2. Letter dated 4/15/04 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: changes to analog channel lineup.

 

 3. Copy of memorandum dated 4/16/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

 4. Notice of 4/21/04 Seminole County Port Authority (SCOPA) meeting.

 

 5. Copy of letter dated 4/14/04 to John Boldovici from Jane Peterson, Library Services Manager, re: appreciation of donation.

 

 6. Copy of letter dated 4/16/04 to Epifanio Agosto from Suzy Goldman, Library & Leisure Services Director, re: potable water and restrooms on Seminole County trails.

 

 7. Notice of 4/21/04 Sanford Waterfront Master Plan Steering Committee meeting.

 

 8. Notice of April Senior Resource Alliance meetings in Brevard, Seminole and Orange Counties. (cc: BCC, County Manager, Community Services Director)

 

 9. Notice of 4/26/04 City of Sanford public hearing re: annexation of property between Rose Dr./Fern Dr. and between Palm Way/E. Jenkins Cir. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

10. Letter dated 4/14/04 to Chairman from Shashikant Shah re: appreciation for County assistance with the Jain Society of Central Florida church project. (cc: BCC, County Managers, Planning & Development Director)

 

11. Letter dated 4/9/04 to Chairman McLain from Kenneth E. Stinson, FL Dept. of Revenue, re: distribution of local option gas tax proceeds. (BCC, County Managers, Fiscal Services Director)

 

12. Letter dated 4/12/04 to BCC from Gary J. Hasbach, Premix Marbletite Architectural Finishes, re: safety issues on the Cross Seminole Trail in Winter Springs. (cc: BCC, County Managers, Gary Johnson, Jerry McCollum, [Special Projects/Trails Manager to respond])

 

13. Copy of letter dated 4/13/04 to John Dannecker, Shutts & Bowen, from Susan Stacy, Stenstrom McIntosh Colbert Whigham Reischmann & Partlow, re: Robb Boss vs. Cosmopolitan Homes Corp. (cc: BCC, County Managers, County Attorneys, Building Official)

 

14. Copy of letter dated 4/13/04 to Susan Stacy, Stenstrom McIntosh Colbert Whigham Reischmann & Partlow, from John H. Dannecker, Shutts & Bowen, re: Robb Boss vs. Cosmopolitan Homes Corp. (cc: BCC, County Managers, County Attorney, Building Official)

 

15. Letter dated 4/7/04 to Louise Dever from Chairman McLain re: access issues at Bedford Estates. IDENTICAL LETTERS SENT TO ALL RESIDENTS OF BEDFORD ESTATES.

 

16. Letter dated 4/14/04 to Chairman McLain from Catherine D. Reischman & Lonnie Groot, Stenstrom McIntosh Colbert Whigham Reischmann & Partlow, re: appreciation of County assistance with City of Casselberry appeal application for Special Exception to replace an existing water treatment plant.

 

17. Copy of letter received 4/15/04 to Beverly Dux, Seminole Towne Center Mall, from Patti Dillingham & Stephanie Moore, Louise’s Pet Connection & Natural Pet Market, re: complaint against the Mall during National County Government Week activities in the Mall.

 

18. Letter dated 4/15/04 to Chairman McLain from Mike Levinson, City of Coral Springs, FL, City Manager’s Office, re: 12th Annual Sterling Conference.

 

19. Letter dated 4/9/04 (with attachment) to Chairman McLain from Dana Loncar, Orlando Regional Healthcare, re: designation of April as “Child Abuse Prevention Month”.

 

20. Letter dated 4/12/04 to BCC from Donald L. Jernigan, Florida Hospital, re: For-Profit and Not-For-Profit hospitals.

 

21. Memorandum dated 4/12/04 (with attachment) re: Old Lockwood Rd. sidewalk.

 

22. Copy of letter dated 4/13/04 to FL Representative Carey Baker from Dwight D. Lewis, Volusia County Council Chairman, re: resolution naming I-4 bridge linking Volusia County with Seminole County as the “St. Johns River Veterans Memorial Bridge”. (cc: BCC, County Managers, County Attorney)

 

23. Copy of letter dated 4/20/04 to Francisco Torregrosa, Planning, from Mrs. Lawrence Engle re: James Simmons property variance in Loch Arbor. (cc: BCC, County Managers, Planning & Development Director, Stormwater)

 

24. Letter dated 3/31/04 to Chairman McLain from John O. Agwunobi, FL Dept. of Health, re: award of 75% match Emergency Medical Services Grant funds. (cc: BCC, County Managers, Public Safety Director, Fiscal Services Director)

 

25. Letter dated 4/22/04 to Chairman McLain from Bob & Jerri Kreps, re: paving of Church St., Oviedo. (cc: BCC, County Managers, County Engineer, Roads Manager)

 

26. Letter dated 4/19/04 to Chairman McLain from Daphne Moore, Wal-Mart Community Affairs, re: charitable donations from Seminole County Wal-Mart stores to Seminole County Public Schools. (cc: BCC, County Managers)

    

27.  Copies of letters (various dates) from Jane Peterson, Library Services Manager, re: appreciation of donations to: Nancy Jones in memory of Marie Stellabotte; Mr. & Mrs. Robert Jones in memory of Sal Tortorici; and League of Women Voters of Seminole County c/o Patricia Bailey, Secretary, in honor of Deborah Carswell.

 

28.  Notice of 4/23/04 Orlando Sanford International Airport reception celebrating the return of Vacation Express’s Caribbean Hub Operation.

 

29.  Memorandum dated 4/16/04 to BCC from Lisa Spriggs, Fiscal Services Director, re: budget change requests approved by County Manager and Fiscal Services Director, and financial transactions approved by BCC.

 

30.  Notice of 4/26/04 Sanford Community Redevelopment Agency special meeting.

 

31.  2004 Brochure for Hearts & Hands Program, Howard Phillips Center for Children & Families.

 

32.  Notice of 5/5/04 Council of Local Governments in Seminole County (CALNO) meeting and minutes of 4/7/04 CALNO meeting.

 

33.  Copy of memorandum dated 4/23/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

34.  Fax dated 4/26/04 to Chairman McLain from John & Marlene Tesinsky re: paving of Church St., Oviedo.

 

35.  Letter received 4/26/04 to Chairman McLain from Diane Parker, President, & Lynn Owen, Chairman, Seminole County Regional Chamber of Commerce, re: support of legislative concerns of Seminole County Public Schools and Seminole Community College funding.

 

36.  Letter dated 4/22/04 to Chairman McLain from Frank Clifton, Casselberry City Manager, re: appreciation for assistance with the Hunterfield Water Facility request.

 

DISTRICT COMMISSIONERS’ REPORT

     Upon inquiry by Commissioner Henley, Kevin Grace, County Manager, advised that the City of Altamonte Springs met with him and the County Attorney and they indicated that they have discussed the water services issues with a private company and they were not interested in sitting down with the County at this time.  He stated the City of Altamonte Springs has been very cooperative and what he will try to do is sit down with them to see what opportunities there are for the County to purchase the water services and then report back to the Board.  He stated at this point, he is not sure, for example, that the Chuluota system is included in that because they do not have the right of first refusal on that system.  It doesn’t include every piece of the Florida  water system.  He said hopefully, he will know more by the next meeting and he will report to the Board at that time.

     Commissioner Henley stated he feels the County seriously needs to take a look at the possibility of expanding their services in these areas. 

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     Commissioner Henley reported that there was a good size crowd attending the opening of the Holiday Express coming back to Orlando/Sanford Airport.  He stated it brought in 440 people on the first flight that day and over 100 of them indicated they are planning to stay in this area. 

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     Commissioner Henley stated there was a good turnout at the Sanford Airport with the ribbon cutting ceremony of the 7th route for Lynx.  He stated there are a lot of people working at the airport that wanted transportation.

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     Commissioner Henley stated he has drafted a letter (not received and filed) to Governor Bush for the Chairman’s signature to speak on behalf of the Board relative to an issue that came to light at the last Lynx Board meeting.  He stated the Agency of Healthcare reduced funding to $74 million and the thing that concerns him is they are planning to enter into a contract with the Transportation Advisory Commission.  The Commission is made up of a lot of people that have special interest and they will be authorized by the agreement to decide how the money will be distributed.  Under the plan, Lynx in this area will be significantly hit with a reduction to almost 30% and the counties to the south will have a windfall.  He stated he would like to remind the Board that there is not an elected official on the Transportation Advisory Commission.  Several of them are connected to providers and they are moving forward without going through an RFP process.  They are contacting small individual companies to get prices from them and they are unregulated.  

     Upon inquiry by Chairman McLain, Commissioner Henley advised this is an advisory committee and was appointed by the Governor.  He stated the Committee is implementing policies that they do not have authority to do.  He said he doesn’t want to sit back and allow this to happen because the services will either be cut back or they will pick up an additional tab.   He added he feels the Governor needs to understand what is happening out there. 

     Chairman McLain asked Commissioner Henley if he had any objections to the County Manager reviewing the letter as he has some concerns when there are serious questions about conflict of interest.   

     Commissioner Van Der Weide stated what Commissioner Henley is saying fits into what his thoughts are. 

     Chairman McLain stated he agrees in principle of what they are trying to do, but he doesn’t want to make any statements in the letter that they cannot back up.

     Mr. Grace stated he will work with Commissioners McLain and Henley in coming up with an acceptable letter.

     Chairman McLain suggested including in the letter that the BCC has had extensive discussions about the problem.  He stated he would like Mr. Grace to draft the letter for Commissioner Henley to review and then submit it to him for signature.  The Board voiced no objections.

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     Commissioner Maloy stated it was nice to see Commissioner Van Der Weide visiting the Taste of Oviedo festival.

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     Commissioner Maloy stated the Grand Opening of the Flagler Trail was held.  It is a nice facility with a low impact parking area.  He stated it provides more parking for people to get on Flagler Trail.  The bridge will be constructed next summer to allow pedestrian to cross over the Econ River.

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     Commissioner Maloy stated there is a group of residential properties on Alafaya Trail (between Beasley Road and Lake Hayes Road).  There has been requests from property owners to do Office Professional or Residential Professional type of development there.  Residential Professional is located to the south and the character has changed with the 6 lanes going in.  He stated staff would like to move forward with a Small Scale Land Use change on the parcels they have highlighted.  Staff would like to do the necessary research to see if property owners are in agreement with this.  If there is no objection from the Board, he would like staff to move forward on that and bring it back at a later date. 

     Tina Deater stated there will be a request for a rezone from R-1AA to OP and a Land Use Amendment from Low Density Residential to Office.  She stated staff has already sent letters to area property owners to see if there are any objections in going forward with this.  She said staff will request a rezone to OP and if the property owners decide to sell or build offices, they would have to come before the Board to have a site plan approved.

     Upon inquiry by Chairman McLain, Ms. Deater advised the Land Use Amendment could be done and then a rezone request can come to the Board at a later date.

     Commissioner Morris stated if the property owners support the Land Use Amendment, he would recommend doing an administrative rezone as well.

     Don Fisher, Planning & Development Director, addressed the Board to state both of the zoning categories that go along with either Office Land Use or Medium Density Residential require site plans.

     The Board had no objections to Commissioner Maloy’s request.

     Discussion ensued relative to what Land Use is more appropriate for that area.

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     Commissioner Morris stated he would like to thank members of staff, the public and Board members in offering him support on a difficult situation that he was going through during the last year and a half.

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     Commissioner Morris stated he received an invitation from the Students and Trial Program at Lake Brantley High School in which he could not say no.  He stated he received an invitation with a picture of a pizza on the front and the event information on the back.  He said he was impressed with these young men and women with how they engaged in the process. 

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     Commissioner Morris stated he saw an article in the newspaper titled “Trail Plan Hits a Snag”.  He said he knew that there was discussion with regard to trying to work out the alignment, but he didn’t know about a snag.  He stated he doesn’t know where the perspective of this article came from.  

     Chairman McLain stated there were several meetings on this issue.

     Commissioner Morris stated he will meet with the City of Winter Springs officials to see what they are saying. 

     Chairman McLain stated his discussions surrounded with more of the elementary school issue instead of the trail.

     Commissioner Morris stated he believes the elementary school issue has been resolved.

     Mr. Grace stated the City of Winter Springs met with Congressman Mica to try to get him involved as well.

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     Commissioner Van Der Weide stated he would like to invite Commissioner Maloy to visit his district.

COUNTY MANAGER’S BRIEFING (Continued)

     Gary Johnson, Public Works Director, addressed the Board to state staff is here to give an update on the overall unpaved road program.  He introduced Dwayne Crumbley, Senior Team Leader, and Jim Beach, Roads Program Manager. 

     Jim Beach addressed the Board to display a PowerPoint Presentation.  He began his presentation by reviewing the Original 3-year Program and as well as Year 4 Additions of the miles paved and the miles expected to be paved to date.  He stated the total miles paved to date are 124 miles and counting.  He continued by reviewing the feedback from residents and the results of same.  In conclusion, he advised that the program will have paved 130 miles as alternate surface roads within the County system.  Approximately 17 miles of Emergency Maintenance Roads will remain with the County system.  He stated there is an existing 100 to 200 miles of platted unpaved roads that have not been accepted by the Board and will remain outside the County system.  He added approximately 107 miles of private dirt roads that will remain outside the County system. 

     Mr. Johnson stated the funds that were allocated to this program are fully allocated to the roads discussed previously and the 130 miles of paved alternate surface roads will be completed.  He stated there may be some options of early retirement of the debt service for the Board to review during the Budget Work Sessions this summer.  He said staff feels that the dirt road paving program has been a success.  They have had the ability to use some sales tax funding to accommodate some of these roads; but in the future they would like to provide the Board with some policy options to be used during the annual Budget discussions.  He added with regard to Church Street, staff has not looked at the right-of-way in that area.  The first ¼ mile of Church Street is large tracts and 4 or 5 landowners.  The second ¼ mile is where the subdivision is located and the residents have been complaining about the dust in that area.  He said staff is requesting authorization to investigate the right-of-way for Church Street and to come back in the future with a recommendation as to whether or not they can pave that road under a scenario that would be outside the dirt road paving program.

     Upon inquiry by Chairman McLain, Commissioner Maloy advised the development in the back is about 6 or 7 years old.  The dust problem is very big.  The access to Wentworth Estates and Aloma Woods is from Aloma even though there is a road that backs up to the back wall of these homes.  When the road was upgraded a few years back, it was dustier than it was previously.  The pool screening of the homes have slight coating of dust on these homes.  There were no speed limit signs on Church Street and those were put up hoping the speeding would subside. 

     Upon inquiry by Chairman McLain, Mr. Beach stated Church Street didn’t meet the criteria of the dirt road paving criteria at that time.  The reason it was not on the regular maintenance, there wern’t enough homes on the road a few years ago.  A set criteria requires X amount feet of road equaling X amount of homes and there were not enough homes on the road.

     Commissioner Morris left the meeting at this time.

     Commissioner Maloy stated the County has different policies but this is such a unique scenario.  He stated there are 5-acre lots in the back and probably about 12 to 15 homes that filter off of Church St.  Two roads in the back are private and the dust affects a business as well.  The biggest problem he sees is the dust affecting the people living in that subdivision.

     Chairman McLain stated he feels that staff needs to come back with an action plan.

     Mr. Johnson stated that is what staff wants to do.

     Commissioner Henley stated he has lived on dirt roads nearly all of his life and they all generate dust.  He stated he would like to know what is so unique about this dirt road.  He said the County went into this program with the idea that it was costing the County too much in maintenance and it would be a savings to them and balance out.

     Chairman McLain stated there are 17 miles in the Emergency Maintenance Roads and maybe they should look at that.

     Commissioner Van Der Weide stated the people in his district would like to have their roads paved seeing what the County has done already.  If the Board is going to reevaluate the program or change the guidelines, then they need to open it up to all of the 17 miles. 

     Mr. Grace stated some of the 17 miles used to be in the 100 to 200 miles of platted unpaved roads and they were placed on emergency maintenance because somebody complained.

     Mr. Johnson stated he would like to point out that as they reach the end of the program, they have gotten into some of the more complicated roads where there wasn’t drainage and the cost per mile has gone up.

     Chairman McLain stated he would like to know about the entrance at Wekiva Park Drive.

     Mr. Johnson stated that is still on the schedule and will be coming up after July 1st.  That is the only comparable situation where they have a segment that is not paved connecting to a segment that is paved.  He stated staff wants to conclude the Dirt Road Paving Program and move into the future with a policy that will help them answer these issues.

     Upon inquiry by Chairman McLain, Mr. Johnson advised staff is anticipating coming back to the Board at the first of the year with some recommendations.  He stated in the meantime, staff can do some work on Church Street to lessen the dust.

     Chairman McLain stated he would like staff to come up with an evaluation before the next fiscal year so it can be considered during next year’s budget.

     Commissioner Van Der Weide stated he has no problem with the issues brought before them today, but if they are going to change the policy, then they need to make that decision and review all of them.  He stated there are residents in his district wanting their streets paved. 

     The consensus of the Board was to move forward with putting millings on part of Church Street and between now and the Budget Work Sessions, they will evaluate the other 10 miles of roads.   The Board can make a decision during the Budget hearings to see how they can deal with all of the roads under the Emergency Maintenance Programs. 

     Mr. Johnson stated they will also take a look at the right-of-way on Church Street.

CHAIRMAN’S REPORT (Continued)

     Chairman McLain announced that the Sanford Riverwalk Grand Opening is scheduled for May 7, 8, and 9, 2004 and he would like to welcome everyone to come down and join the festivities.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date.

 

 

ATTEST:______________________Clerk______________________Chairman

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