BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 25, 2004
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, May 25, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
Maryanne Morse, Clerk of Circuit Court
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Father Ben Berinti, Church of the Nativity, Longwood, gave the Invocation.
Judge James E. C. Perry led the Pledge of Allegiance.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-95, as shown on page ________, proclaiming Tuesday, May 25, 2004 as “National Missing Children’s Day”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Joan Thompson, Executive Director, Missing Children Center, Inc., and her daughter Cindy. Ms. Thompson addressed the Board to express her appreciation. She stated last year of the 52 children missing in Seminole County, 51 were recovered. She informed the Board of the National Missing Children’s Day ceremony scheduled
for this evening at 7:00 p.m. at the Winter Springs First Baptist Church. She stated the church is located at the corner of SR 434 and SR 419.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-96, as shown on page _________, proclaiming the week of June 7-11, 2004 as “Code Enforcement Officers’ Appreciation Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Debbi Leigh, Code Enforcement Manager, and her staff, who addressed the Board to express their appreciation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2004-R-97, as shown on page ________, proclaiming the month of May as “National Drug Court Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Ron Serra, Chris Butler, Zondria Horn and Judge James E.C. Perry. Judge Perry addressed the Board to express his appreciation.
Commissioner Morris stated he would like to thank Judge Perry for keeping the Board informed of everything that has happened relative to Article V. He stated the line of communication is still helpful as it certainly leads to understanding some of the difficult times that leads to the budget.
Mark Flomerfelt, Road Operations/Stormwater Manager, addressed the Board to answer Commissioner Maloy’s question relating to Item #9, BCR 04-30, Landfill Fees.
Colleen Rotella, Community Resources Manager, addressed the Board to explain for Commissioner Henley what the Management Plan consists of relative to Item #21, Addendum to the Jetta Point Contract with Florida Communities Trust.
Motion by Commissioner Henley, seconded by Commissioner Morris to authorize and approve the following:
7. BCR #04-25 – $17,150 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund. To move funds for fencing to replace inferior backstops on softball fields one and two at Red Bug Lake Park from Operating Repairs and Maintenance to a capital account line, as it exceeds $5,000.
8. BCR #04-27 – $215,662 – Public Works – Road Operations/Stormwater – Fund: 13000 – Stormwater Fund. An interim budget adjustment is needed to transfer available monies to Stormwater projects which require additional funding. An evaluation of the status for certain projects has revealed that $132,662 is needed in the current year for three projects: Old I-4 Borrow Pit Conversion (to cover permitting fees), Oakhurst/Red Bug Outfall (to cover construction costs), and Center Drive (partial funding for construction to proceed in the late summer/early fall). Funding is proposed to come from available balances in the completed Walden Drive Outfall Study and the completed Lake View Construction projects, supplemented by the use of fund reserves addressed on a related Budget Amendment Request (on this agenda).
9. BCR #04-30 – $100,000 – Public Works – Roads & Stormwater Operations – Fund: 10101 – Transportation Trust Fund. Additional funding will be necessary to maintain the level of service of the tree-trimming program. The current budget of $450,000 for tree trimming also includes tree removal and stump grinding. A $20,000 adjustment of budgeted operating funds is proposed in order to: respond to increased requests that are being received from citizens, meet current year needs of the Unpaved Road Program, provide for the upcoming summer storm season, and achieve the 8-year tree trimming cycle established in performance targets of the Adopted Budget. In addition, the handling of fill dirt generated from cleaning canals and ditches has resulted in landfill tipping fees which exceed the original budget allocation of $92,648. Clean sifted material is used for shoulder repair, base for sidewalks, bank restoration or is sold, but the remaining unusable dirt must be disposed of at the landfill. A recent clean up was necessary due to several years’ accumulation of fill dirt and debris at the Consumers, Yankee Lake and Oviedo satellite yards. A clean up is now needed at the Red Bug yard to prevent citizen complaints; an additional $80,000 would provide funding for the landfill tipping fees incurred by the Red Bug clean up and would also cover the normal accumulation of trash for the balance of this fiscal year. Funds are available to cover both needs from the Road Materials Account Line as a result of a reduced need for millings.
10. BCR #04-31 – $41,591 – Public Works – Road Operations/Stormwater/Traffic Engineering – Fund: 13000 – Stormwater Fund and 10101 – Transportation Trust Fund. Vehicle BCC # 24523, a Ford truck assigned to the Stormwater section of the Roads/Stormwater Division, was involved in a traffic accident on 12/15/03. There was extensive damage to the entire driver’s side and the drive shaft which resulted in the truck being totaled, and a salvage value of $2,160 received. (Insurance settlement is being pursued, but has not been received as of this date). This request is to replace the wrecked vehicle with an F-250 Quad Cab Pick-up truck with a 6’ bed. In the interim, the Stormwater crew is using a pool vehicle, which needs to be returned to Fleet Services as soon as practicable. Vehicle BCC #20968, a Ford truck assigned to Traffic Engineering, is budgeted for replacement in FY 04/05. Recently, the engine on this vehicle has failed. Upon consulting with Fleet Services, it has been determined that repair of this vehicle is not cost effective. This truck is essential in daily activities of both signal and new construction inspections. The replacement vehicle would be a Ford F-150 with six-foot bed, extended cab with seat, bed-liner, rain-shields, floor mats and a Cross Bed Aluminum Tool Box. Upon approval to advance this replacement to FY 03/04, the Ford-F-150 will be removed from the FY 04/05 Budget. Adequate balances are available in the current year capital equipment account to cover the purchase of both vehicles.
11. Budget Amendment Resolution #2004-R-98, as shown on page _________, $500,000 – Public Works: 11541 – 2001 Renewed Sales Tax Fund. Design of the Howell Creek Pedestrian Bridge under the 2001 Sales Tax Sidewalk Program was advanced into the Fiscal Year 03/04 Budget by a 2nd Public Hearing Adjustment to address safety concerns. A specific budget allocation for construction was deferred until completion of the design phase, with the intention of construction being funded in FY 04/05. Design for this project is now complete, and the Water Management District is anticipated to issue the requisite environmental permit shortly. Bidding of the estimated $.5M improvement can then proceed, pending approval of this proposed Budget Adjustment.
12. Budget Amendment Resolution #2004-R-99, as shown on page _________, $122,500 – Public Works: 13000 – Stormwater Fund. The use of Stormwater Fund Reserves is requested in the amount of $122,500 to allow construction of the budgeted Center Drive Project to proceed in the late summer/early fall of this year, supplemented by an additional $57,562 on Budget Change Request 04-27 for a total project transfer of $180,062. Cost estimates for construction have been updated to address associated environmental permitting and reconstruction requirements.
13. Accept and authorize the County Manager to execute the Certificate of Final Completion, as shown on page _________, for CC-1195-02/BJC – Osceola Road Landfill Maintenance Building with GCI/General Constructors, Inc., Altamonte Springs.
14. Award M-439-04/TLR, as shown on page ________, On-Line Booking Resource Concessionaire Contract to CoachQuote.com of Pigeon Forge, TN (Commissions paid to County: 2% on booked reservations and 10% on advertisements).
15. Award IFB-3088-04/GMG Term Contract, as shown on page ________, for the Purchase of Paper Towels and Toilet Paper to Dade Paper Company, Orlando; and authorize the County Manager to execute the contract.
16. Authorize Proprietary Source and approve the issuance of a Miscellaneous Term Contract - M-437-04/BJC for County-wide Copier Service Maintenance Agreement, as shown on page ________, with Lanier Worldwide, Inc., Orlando; and authorize the County Manager to execute the contract.
17. Declare Surplus and Transfer one (1) International Rescue Squad; one (1) Wisconsin Trailer; and one (1) Mack Tractor Truck to Seminole County Sheriff’s Office (Transfer).
18. Approve and authorize Chairman to execute the First Amendment to the 2002-2003 HOME Program Tenant-Based Rental Assistance (TBRA) Subrecipient Agreement, as shown on page _________, with the Seminole County Housing Authority.
19. Approve and authorize Chairman to execute the 2003-2004 HOME Program Tenant-Based Rental Assistance Subrecipient Agreement, as shown on page ________, with the Seminole County Housing Authority.
20. Authorize the Community Development Office to publish the proposed list of activities for 2004-05 One-Year Action Plan for 30 days to obtain public comment prior to final approval by the Board.
21. Approve and authorize Chairman to execute Addendum, as shown on page _________, to the Jetta Point Contract with Florida Communities Trust.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize and approve the following:
29. Approve cost settlement relating to Parcel Number 104 of the Lake Mary Blvd. Phase III road improvement project, located at the southeast corner of Lake Mary Blvd. and State Road 417, in the amount of $117,400, W. Garnett & Paulette C. White.
30. Approve and authorize Chairman to execute Purchase Agreement, as shown on page ________, relating to Parcel Number 170 of the Lake Drive road improvement project, located at 1470 Easton Way, Casselberry, in the amount of $85,000 with no fees or costs incurred; and authorize the County Manager to execute an Agreement, as shown on page _______, for extended possession.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan stated last week he received a request from Rick Nelson’s office asking that the County consider signing a brief regarding an appeal against the adult entertainment case in Orange County that deals with the definition they use in their code. He asked the Board if they had a problem with his office doing this. The Board voiced no objections.
Upon inquiry by Commissioner Morris, Mr. McMillan advised staff has updated the Code relating to the definition and implementation of critical zoning elements. He stated there are some that Mr. Nelson is waiting on the litigation to be resolved in Orange County. He said he will follow up with Mr. Nelson to make sure that they are up to date.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize and approve the following:
31. Expenditure Approval List, as shown on page ________, dated April 29, 2004; and Payroll Approval List, as shown on page _________, dated May 6, 2004.
Miguel Angel Arias, #95-14364-MMA - $15
Cheris Michelle Baker, #03-7631-MMA - $40
Rafael Florian, #04-117-MMA - $40
Jonathan Frick, #01-1714-CFB - $328
Sabrina Johnson, #93-385-CFA - $280
David Morales, #94-10829-MMA - $110
Michael W. True, Jr., #03-10028-MMA - $260
Mario Vargas, #95-10914-MMA - $110
33. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Robert Raymond Buck, #04001022MMA - $50
George Lawrence Dyall, #92009137MM - $200
Michelle Patter Evans, #94000329CFA - $200
Michelle P. Evans, #93011408MM - $100
Thomas Walter Forino, #04000003CFA - $200
Deborah S. Houk, #00009576MM - $200
Christopher N. Jones, #000074646MM - $200
Michael R. Light, #99013666MM - $200
Darlene Mabry, #94001230CJA - $50
Lewis Dean Martin, Jr., #01004566MMA - $100
Kelly Renee McGrouty, #04002996MMA - $260
Jeffery Lee Moessinger, #96012193MM - $200
Judith Myers, #97007078MM - $200
Aletha Poteet Russell, #03008807MMA - $260
Dean Andrew Robertson, #94012643MM - $75
Carlos Noel Robles, #03022320CFA - $100
James Alvin Smith, #03000077CFA - $100
Stephen Michael Walts, #03007287MMA - $100
Shirley Yates, #98000103CFA - $200
34. Approval of BCC Official Minutes dated April 27, 2004.
35. Noting, for information only, the following Clerk’s received and filed:
1. Development Orders, as shown on page _________, as follows: #04-31000002 Elenberger Special Exception; #04-30000018 Agnus Variance; #04-30000025 Zainer Variance; and #04-30000027 Simring Variance.
2. Work Orders #1, #2, #3, #4 & #10, as shown on page ________, to CC-1220-03.
3. Work Order #12, as shown on page ________, to PS-5116-02.
4. M-435-04 Contract, as shown on page _________, Public Resources Management Group.
5. Amendment #1, as shown on page ________, to Work Order #56 to PS-590-01.
6. Work Order #2, as shown on page _________, to CC-1212-03.
7. Work Order #72, as shown on page _________, to PS-590-01.
8. Amendment #1, as shown on page _________, to Work Order #14 to PS-585-01.
9. First Amendment, as shown on page _________, to IFB-3083-04.
10. RFP-4146-02 Agreement, as shown on page _________, U.S. Liquids of Florida, Inc.
11. Bid-299-04 Agreement, as shown on page _________, Orlando Paving Co.
12. Quit Claim Deeds, as shown on page ________, per Resolution #2003-R-97 adopted on May 27, 2003, as follows: Bertha Robinson Jones Jackson; Willie Stephens; Idellam Sykes; John Perry & Ernest McPherson; Gertrude Jenkins; Nealie Jenkins; Tommy Lee Jenkins, Jr.; Gertrude Jenkins; Evelena Calloway; Prymus Jenkins (2); James & Agathia Butler (2); Juanita Williams & Dianna Butler; James Butler, etc., heirs of Ellen Butler; Rufus Christian (2); Dorothy Grigley Guess; Ferina Edwards; Alexander & Pearl Mae Trotter; Gertrude Jenkins; Easter Moore; Florine Fossitt; Juanita Fossitt; Wayne Denson; Larrie & Selene Fossitt; Geronnia Figgs Ferguson; Carolyn Stenstrom; Carol Woodall; Sunniland Corp.; and Board of Trustees of the Internal Improvement Trust Fund.
13. Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, re: P&D Documents.
14. Kenneth Coyne’s Response to Seminole County, Board of County Commissioners’ Response to Kenneth Coyne’s Motion for Re-hearing.
15. Amendment, as shown on page ________, to Conditional Utility Agreement for water service with The Gathering Place Worship Center, Inc.
16. Conditional Utility Agreement, as shown on page ________, for water and sewer service with David Lloyd for the project known as The Pet Lodge.
17. Utility Agreement, as shown on page ________, for sewer service with Oregon Television, Inc., for the project known as WOLF TV-35.
18. Assignment of Conditional Utility Agreements, as shown on page _________, for water and sewer service with Lakeview at Heathrow, LLD for the project known as Colonial Grand at Heathrow Reserve.
19. Conditional Utility Agreement, as shown on page _________, for sewer service with The Gathering Place Worship Center, Inc.
20. Utility Agreement, as shown on page _________, for sewer service with Town Center Holdings LLC for the project known as Seminole Power Sports.
21. Amended Satisfaction of Lien, as shown on page _________, re: James Deaton, Case #02-86-CEB.
22. Notices from the Public Service Commission re: Petition for approval of new curtailable service rate Schedules CS-3 and CST-3 by Progress Energy Florida, Inc.
23. Supervisor of Elections Budget Proposal, as shown on page ________, for FY 2004/05.
24. Memorandum to Florida Hospital Board of Trustees and Board Members, etc., from Donald Jernigan re: Florida Hospital Health Issue Briefs-A Review of Healthcare Economics.
25. Notice from the Public Service Commission re: Application for rate increase in Seminole County by Alafaya Utilities, Inc.
26. Letter to Sandy McCann, Commission Records, from Jean Abi-Aoun, Planning & Development, re: P&D Outstanding Documents.
27. Notice of Application from Sanlando Utilities Corporation for an Amendment to Water and Wastewater Certificates.
28. Memorandum to Sandy McCann, Commission Records, from Linda Eiland, Risk Management, re: Fine Art Insurance Policy covering the Historical Museum.
29. Memorandum to Jerry McCollum, County Engineer, from Stephen Lee, Deputy County Attorney, re: Direct Pay Request, Kring v. Seminole County.
30. District Annual Financial Report from Dovera Community Development District for fiscal year ended September 30, 2003.
31. Highlights of Activities during April 2004 Metro Orlando Economic Development Commission.
32. Maintenance Agreement and Letter of Credit, as shown on page ________, in the amount of $7,699.02 for Estates @ Wekiva Park (Malakean Trail); Maintenance Agreement and Letter of Credit, as shown on page ________, in the amount of $114,896 for Estates @ Wekiva Park Ph 1; Private Road Maintenance Bond, as shown on page ________, in the amount of $37,000 for Mirror Lake Commercial; and Maintenance Bond and Letter of Credit, as shown on page ________, in the amount of $1,414.50 for White Cedar Road ROW.
33. Bids as follows: RFP-4215-04; CC-1234-04; CC-1232-04; CC-1231-04; IFB-3089-04 and PS-5162-04.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize and approve the following:
36. Approve and authorize Chairman to execute Budget Amendment Resolution #2004-R-102, as shown on page ________, in the amount of $152,520 for the Sheriff’s Office FY 03-04 budget. The Florida Dept. of Juvenile Justice has provided funds for the Sheriff’s Office to provide intensive Probation Supervision, Conditional Release, Alternative Sanctions, and SWEAT Programs at its Juvenile Enforcement Center. The monthly amount of funds received is $50,840 for a yearly amount of $610,080. This BAR deals with the three-month period from July 1, 2004 – September 30, 2004. The funding relating to the period from October 1, 2004 – September 30, 2005 is in the Sheriff’s Office yearly budget submission. No new positions are included in the grant.
37. Approve and authorize Chairman to execute Budget Amendment Resolution #2004-R-103, as shown on page ________, for the Department of Juvenile Justice’s Contract for services at its Juvenile Assessment Center. The Florida Dept. of Juvenile Justice has provided funds for the Sheriff’s Office to provide Juvenile Assessment Center Services. The monthly amount of funds received is $17,250 for a yearly amount of $207,000. This BAR deals with the three-month period from July 1, 2004 – September 30, 2004. The funding related to the period from October 1, 2004 – June 30, 2005 is in the Sheriff’s Office yearly budget submission. No new positions are included in this grant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Lisa Spriggs, Fiscal Services Director, addressed the Board to present request to approve Budget Amendment Resolution to accommodate the projected expenditures for the Public Defender, State Attorney, Court Appointed Council and Court Costs budgets through June 30, 2004. She reviewed the request as outlined in the agenda memorandum.
Commissioner Henley stated he spent some time with Ms. Spriggs yesterday discussing this and he was concerned with the cut off date of service rendered by July 1 and the amount of money being transferred. He stated Ms. Spriggs explained in detail why they are getting a large jump with this amount.
Chairman McLain stated the State is providing $1.2 million for the whole year for Brevard and Seminole and Seminole County alone will be spending almost $700,000 in 30 days.
Commissioner Henley stated his concern was that if there happens to be a surplus, he wants a guarantee that it will be transferred back into the County’s budget.
Commissioner Van Der Weide stated the County has a court system that is functioning very well. He noted that if the Board finds themselves in a situation where they are not getting complaints then something is going right.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize Chairman to execute Budget Amendment Resolution #2004-R-104, as shown on page _________, in the amount of $679,359 to accommodate projected expenditures for the Public Defender, State Attorney, Court Appointed Council and Court Costs budgets through June 30, 2004.
Districts 1, 2, 3, 4 and 5 voted AYE.
Robert McMillan, County Attorney, addressed the Board to state he feels it would be appropriate to request authorization to terminate contracts with the Special Public Defender and Court Appointed Council subsequent to July 1, 2004. He stated since this deals with those costs, he feels it would be appropriate for the Board to terminate those contracts.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize terminating contracts with the Special Public Defender and Court Appointed Council, effective June 30, 2004.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mark Flomerfelt, Road Operations/Stormwater, addressed the Board to present request to approve acceptance of Cutler Road into the Seminole County maintained road system upon completion of the tree removal by the Sweetwater Master Homeowners Association. He reviewed a brief history of the project.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to accept Cutler Road into the Seminole County maintained road system upon completion of the tree removal by the Sweetwater Master Homeowners Association.
Under discussion and upon inquiry by Commissioner Henley, Mr. Flomerfelt advised this is a paved road and it is 22 ft. wide. He informed Commissioner Henley what will take place after the trees are removed as well as the estimated cost.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
Dick Boyer, Planning, addressed the Board to request direction regarding continuation of operation and funding of the Oviedo area Lynx Route 47. He stated on April 27, 2004, the Board directed staff to get back with the City to see if they could extend the deadline to May 30, 2004, and to look at ways to make the route more efficient. On May 17, 2004, the Oviedo City Council unanimously agreed to appropriate the remaining funds requested and will fund $65,750 for this year’s service cost. He stated staff has proposed two options and supports continuing the route. Staff feels that the potential expansion of the route to SCC at no cost would be a positive benefit. He noted that no Sunday service is included in Option B. A fax from the City of Oviedo indicating that they have agreed to appropriate funds to meet the shortfall of the route was received and filed.
Commissioner Maloy stated he would be in favor of continuing this route for the time being. He stated he feels the low ridership is due to construction on SR 434. He stated one of the problems he sees is the service goes through a single family subdivision (Alafaya Woods Blvd.) and winds around and that doesn’t generate a lot of ridership. He said he feels that the Palm Valley and Luther Haven areas have hundreds of residents living in a small area.
Chairman McLain stated it sounds like the Board needs to give staff direction to continue the route and have them get with the District Commissioner as well as the Lynx Director to discuss some of his concerns.
Commissioner Maloy stated he feels the route needs to have more ridership and that will make the service more worthy. He would like an opportunity to look at that.
Upon inquiry by Commissioner Henley, Commissioner Maloy advised at this point, he doesn’t want to cut it until all of the options are explored.
Mr. Grace stated if the Board decides to go ahead, that is basically committing to that route for another year.
Bill Schneeman (phonetic), Lynx, addressed the Board to state Lynx is trying to find where the County and City are with regard to their next year’s budget. He stated what they have submitted to the County earlier this month does include the Oviedo service route.
Upon inquiry by Commissioner Henley, Mr. Schneeman advised Lynx will be glad to work with the District Commissioner as well as staff relating to the two communities that was mentioned or any other so they can try to facilitate and make this service better.
Upon inquiry by Chairman McLain, Mr. Schneeman advised he has had a conversation with Mayor Walters, City of Oviedo. He stated their conversation has been based on whether or not they will continue to fund it or not and not with respect to the specific service changes.
Upon inquiry by Commissioner Morris, Alice Gilmartin, Planning, addressed the Board to advise she understands that the route started in 1992 and the SR 434 improvements are scheduled to be completed this year.
Commissioner Morris stated it seems to him that if they discontinue this route it would send a very bad signal to the continued growth around the UCF area. On the other hand, the City of Oviedo’s commitment is critical and he would hope the County would continue this and expand the service to SCC. He stated he would suggest the County Manager meet with Lynx and the City Manager to discuss this issue.
Commissioner Van Der Weide stated there have been many meetings on this issue and at one time the County tried to get some funding from SCC, but they have never gotten this thing nailed down.
Mr. Boyer informed Commissioner Henley that the cost of Options A and B would be determined during the Budget work sessions.
Mr. Grace stated he believes the Board consensus is to continue the route in place and the Board will revisit this issue during the Budget work sessions.
Chairman McLain stated the Board will also look at additional changes to the route including SCC and staff will meet with the City Manager.
Commissioner Maloy stated he would like to be included in the meeting with the City of Oviedo.
Meloney Lung, Support Services, addressed the Board to seek direction from the Board on the use of the structures located at Dodd/Dike Road. She stated in 1987 the Board approved a lease with Sharing Concern for Seminole County Shelter Children, Inc. (SC3). In 1992, SC3 amended their lease and turned over the day-to-day operations to Seminole Community Mental Health Center (SCMHC). Due to State funding becoming difficult to obtain, SCMHC were not able to place any programs at the shelters and they discontinued use of the property. The lease was terminated on March 4, 2004. Since termination of the lease, SCMHC has approached the County with a new program. Several other non-profit agencies as well as the Seminole County School Board have approached the County relative to the possibility of leasing the structures. The School Board has visited the site and they have determined that they were unable to use the structures due to some wood frame construction. She stated the Board has the following four options to consider: (1) Surplus through competitive bid process; (2) Retain the property and leave vacant; (3) Negotiate a new lease with Seminole Community Mental Health Center; or (4) Conduct an RFP process to allow all interested non-profits to respond.
Chairman McLain stated this facility has been vacant for a while and in his meetings with the organizations like Guardian Ad Litem, the County has a severe shortage of placement locations for dependent children. This is something the Board needs to fix. He stated he feels the Board needs to go to the non-profit community and find a partner to operate the facility and provide those services that are desperately needed. He believes it behooves the Board to make sure that they do what they can to see that the facility is used for the purpose it was built and that is to take care of dependent children.
Commissioner Henley stated one of the reasons why there is a shortage of space is there is a tremendous amount of Orange County children being placed in Seminole County’s facilities. He said he feels that issue needs to be addressed.
Commissioner Morris stated he doesn’t know that an RFP process will work. He stated he feels a task force or a study committee is needed to address this.
Chairman McLain stated he would like Ed McClellan, Executive Director of the Florida Christian Children’s Home Society, to take a look at the facility.
Commissioner Morris stated he feels it would be helpful if the Board had more discussions with Mr. Berko, SCMHC, and other agencies.
Commissioner Van Der Weide stated he has met with people in the community but he doesn’t think they have a very broad perspective of what the potential is for those two buildings. He stated he would like to apply to the need that makes the most sense.
Commissioner Morris stated if the Board goes with the RFP process and then follow Commissioner McLain’s concept by getting together with Mr. Berko and other invited guests to discuss the usage with staff. This will help staff to understand the optimum usages to write up in the RFP.
Chairman McLain stated Mr. McClellan would not have an interest in the facility.
Commissioner Van Der Weide stated the one problem they run into is the children that qualify for these facilities are funded by some government money. If they are funded by government money, they will have dictatorial rights of placement.
Chairman McLain stated he feels that Commissioner Morris made a good suggestion of getting together with interested parties such the judge, Mr. Berko and the County Attorney to come up with a solution.
Commissioner Maloy stated he wants the Board to be cognizant that this facility is in the middle of a residential area. He stated he wants to make sure that they do not expand it too much.
Chairman McLain stated he believes the Board’s direction is to move forward with Commissioner Morris’ direction with staff to try to bring this issue back in July.
Chairman McLain recessed the meeting at 10:29 a.m., reconvening at 10:40 a.m., with all Board members present.
Lisa Spriggs stated she would like to brief the Board on Article V/Revision 7 legislation and its impact on Seminole County. She stated the Board was briefed in November 2003 and staff calculated about $1 million a year impact to the budget. A summary of the changes is included in the agenda packet that came about by the Bill. She said the actual bill imposes a $4 per page recording fee to fund court-related technology and communication mandates. Of that fee, $2 will go to the BCC to fund the County’s mandated requirements and $2 will go to the Clerk’s office to fund their mandated requirements. She stated the State estimates that $1.2 million would be generated. A $15 fee can be imposed on traffic citations (both civil and criminal). This fee can be utilized for facility requirements. An additional $65 court cost fee can be implemented for court filings in the criminal area but it is up to the discretion of the Board. That amount can be utilized in four areas and those funds must be split by 25% in each area. Those areas would include Innovative Court Programs, Legal Aid, Law Library and Juvenile Programs such as PAY and Teen Court. The Innovative Court Program would be anything that is used to supplement the State programs. These areas would include positions in the judicial system that were not picked up by the State. She stated this would include 8 positions as well as a position in the Guardian Ad Litem Program. If funds are not spent in each of these categories, the remaining money can supplement and fund the Innovative Court Program. A year-end close of funds as of June 30, 2004 is required by the Clerk. The County will receive any excess fees as of her closing on June 30, and after that the County would continue to receive any excess fees derived in the noncourt related area. The County will be responsible for costs in that area.
Ms. Spriggs continued by reviewing the actual analysis relative to the $4 per page recording fee and the Legal Aid Program. She stated if the County did nothing else and did negotiate what was mandated, they would be in an overall impact situation of $500,000. The State estimates that about $1 million would be generated from the $15 traffic citation fee. If the County instituted this fee, that would bring them up to a positive $500,000 impact. She reviewed the $65 court cost fees and their effects. She stated based on State analysis the County would break even. There are several unknowns that staff has not come across as they are continuing to review the bill. At this time, staff feels this is a good assessment of where they are at with the final bill. She stated staff would like direction as to what are the Board’s feelings in imposing these fees. She said at this point, staff has appropriated through June 30 the personnel and the funding for Judicial and Guardian Ad Litem. She added 25% was put in reserves, therefore, the Board needs to give staff direction as to how they want to handle that.
Ron Serra, Court Administration, addressed the Board to state the court system in the County is second to none. He stated Seminole County does not have a huge backlog of cases and it is due to the system that is in place to date. It’s efficient and it works.
Chairman McLain stated none of the Board members supported Article V. He stated the Court system was running very efficiently with a high level of service and he feels it is very disappointing that some of that money is going to other communities. He said he doesn’t want to see any reduction in services to the County as far as Judicial is concerned. He feels the County has a good plan in keeping this system together.
Commissioner Van Der Weide stated the County is not happy with the end result of what has taken place in the legislation this year. He said he hasn’t gotten any complaints from the citizens relative to the court system and he doesn’t want to do anything that is going to tear down the system that is working so efficiently.
Commissioner Henley stated he doesn’t feel the Legislature fulfilled the intent of Article V. He said he also wants to see things continue to operate effectively. It behooves the Board to weigh all of these in light of the other needs rather than saying that they are going to keep everything as is. He stated at this time he doesn’t know what else they may be giving up and the appropriate time to discuss this is during the Budget work sessions.
Upon inquiry by Commissioner Henley, Ms. Spriggs advised the Board has the option to impose the $15 and $65 fees. She stated the $4 fee is mandated.
Commissioner Morris stated these additional fees need to be put in place to keep the County in balance.
Upon inquiry by Commissioner Morris, Ms. Spriggs advised the fees would have to be adopted by an ordinance. She stated staff is seeking direction as to when the Board would like staff to bring this back for adoption.
Upon further inquiry by Commissioner Morris, Ms. Spriggs advised staff would have to set a system to track the additional fees separately. Once the fees are adopted, they are restricted for uses and a reporting requirement within Article V has to be reported to the State.
Maryanne Morse, Clerk of Circuit Court, addressed the Board to state when the court minutes from Misdemeanor and Felony cases are transcribed, a breakdown is given of everything that is charged, but a caveat will be added saying that the $65 is mandated by State.
Chairman McLain stated if this ordinance is implemented, he would like to know when they can start using these fees so they don’t have to use all of the money that was previously placed in Reserves.
Mr. Grace stated that is something he would need to discuss with the Clerk. He stated he understands after the Board adopts the ordinance, there is a period of time before the Clerk can start collecting.
Ms. Morse stated she has three issues coming up all within the next 60 days. She stated she has already reprogrammed their cash register system for recording. The $4 charge really goes into effect on June 1, 2004. The money coming in the month of June goes to the State and then on July 1 they will reprogram the Recording computers because they would then have to split off 10 cents of $1.90 and $2. In addition to that, they are now reprogramming all of their cash registers as well as the computers in order to account for all of these funds. The other big issue is her office will be moving in September and she is trying to get a handle on that situation. She stated what she is suggesting, even though the bill goes into effect in July is to make the effective date October 1 if an ordinance is adopted. That is the beginning of the County’s fiscal year and this will make it flow easier for her between everything else that she is trying to do.
Commissioner Henley stated that short period of time is almost a quarter of the fiscal year that the County may be eating out of the General Fund. He stated this concerns him greatly because that can have a significant impact.
Ms. Morse stated the County is not going to be collecting the fees during the month of July. The money will probably not be collected until the month of August.
Commissioner Van Der Weide stated he also feels that is a significant amount of time, but whatever happens, the Board cannot let this system fall apart. Everybody is concerned with the outcome of this and how it is going to function.
Chairman McLain stated every year the Clerk has submitted a significant check to the Board to be placed in reserves. He stated she is very fiscally responsible and conservative and he is sure she will do whatever she can to implement this as rapidly as possible. He would recommend that the County Manager and Ms. Morse get together to work out a plan that can be implemented as soon as possible and then staff bring back an ordinance to the Board for consideration.
Mr. Grace stated he will try to get this issue back to the Board at the next meeting. If not, it will be the first meeting in July.
Upon inquiry by Commissioner Henley, Ms. Spriggs advised Legal Aid is not the only item that has a base line with a mandatory escalated clause. All the mandated costs of the County, including the Information Technology area, have instituted the base line. Because of the way the County’s system and charges were, she doesn’t think they will exceed the $1.2 million.
The Board had no objections to staff moving forward with this issue by bringing back an ordinance for the Board to consider. Chairman McLain stated Mr. Grace will also meet with Ms. Morse to try to facilitate this.
Ms. Morse stated she has divided her system into court and non-court functions and the County will continue to get excess fees with regard to non-court related functions. She stated she would guesstimate, according to rough drafts, that the excess fees would be around $700,000 to $800,000 minimum.
Judge Perry stated he would like to thank the Board for stepping up on this. He stated Article V has affected the morale of the 27 people that thought they would be cut. He thanked the Board for their efforts to keep their court system intact.
Ms. Morse left the meeting at this time.
Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting.
Tony Walter, Planning, addressed the Board to give an update on the effect of municipal annexations on County planning, services and facilities. He displayed and reviewed a PowerPoint Presentation consisting of the following: Legislative Process; County Review Process; Intergovernmental Agreements; Annexations from 1999 to Present in the areas of Sanford, Lake Mary, Altamonte Springs, Longwood, Casselberry, Oviedo and Winter Springs; Annexations by Cities and the Total Acreage that was Annexed; Property Appraiser Assessed Values for Land Annexed 2001-2004; and Annual Impact on County Ad Valorem Tax Revenues from Land Annexed 2001-2004.
Pam Hastings, Public Works, addressed the Board to answer questions for Commissioner Henley relative to the ½ cent local option sales tax that goes to the municipalities.
Commissioner McLain reentered the meeting at this time.
Mr. Walter concluded by summarizing the approximate acreage being annexed; annexations result in a negative impact on the County’s Ad Valorem Tax Revenue; what the Committee will focus on next; staff will report to the Board on these findings in early fall in anticipation of the 2005 Legislative Session; and the renewal of the Interlocal Agreement with the City of Oviedo renewal or terminating it by June 23, 2004.
Upon inquiry by Commissioner Henley, Mr. Grace advised the first response program is a debatable issue and there have been discussions with the cities relating to how many times the County responded in the municipalities versus the number of times they responded to calls.
Leanna Raul, Fire/Rescue, addressed the Board to state staff tracks the numbers as well as the cities. She said that once they have direction from the Board they can nail it down to a concentrated area, then they can probably look at more direct numbers.
Commissioner Maloy stated the City of Casselberry met last night and they voted to table to no date certain the annexation of the San Pedro center. He stated he feels the County needs better communication between the cities. He stated the City kept referring to that as a voluntary annexation when it wasn’t voluntary.
Karen Consalo, County Attorney’s office, addressed the Board to state staff pointed that out to the City. The City’s notice indicated that it was voluntary when, in fact, it was involuntary, and staff requested them to pay closer attention to that and to make sure that their notification is more timely and it is accurate.
Mr. Grace stated that issue hasn’t gone away, basically they just tabled it and while staff goes through the dispute process, it will come back. They wanted a referendum to go forward in August or September and the Supervisor of Elections indicated that he doesn’t intend to schedule one before December. He stated he believes the first meeting relating to the dispute resolution process is scheduled next week.
Commissioner Morris stated he appreciates what the committee and staff are doing in trying to define the problem. He said he would be much happier defining the proactive solution versus defining the problem. He stated he would like to know specifically what they are going to do in their utility department for expansion. He said he is aware of what and why the cities are doing this and the public purpose of it. Most of the time this is good for the cities and for their population. The issue of undeveloped land versus developed is critical. Annexing undeveloped land offers utilities, offer better fire and police services or offers more often higher intense zoning than the County would grant. Annexation of developed land serves no purpose at all unless there are no utilities. The County should compliment the City of Oviedo for what they have. The City of Lake Mary is trying to adjust and increased the level of services in public safety. He stated he feels the County needs to implement an aggressive proactive policy using every resource available regarding these annexations or they are going to burden the future Board and the taxpayers of the County with a dramatic increase in taxes. There are Charter County rights and those have not been explored. Other counties have aggressively dealt with this issue. He added he doesn’t find fault with the cities, but the County needs to protect their base as well.
Commissioner Henley stated the issue of voluntary annexation isn’t always voluntary, it is coercion and those who are coerced into voluntary know that it is because of water. The County doesn’t have the available services, and the City will get it and they will give it to them without annexation. He stated he has had numerous complaints from people complaining that they have been forced into annexation in order to get water service. He added he also feels the Board needs to be more proactive in dealing with this issue.
Mr. Grace stated he feels the real immediate concern is the fire and road maintenance issues. He stated every time there is an annexation, there is a loss of revenue. Most of the time, the County does not relinquish responsibilities. What this does over time is the funding they rely upon no longer will work. He added he doesn’t think the solution is something the County can develop themselves, but they need to sit down with the cities and come up with a new model.
Commissioner McLain stated he also feels the Board needs to be aggressive in their policies. He also understands what the cities are doing, but they need to understand that the County is doing the same thing.
Mr. Grace stated he feels there should be a win-win situation.
Commissioner Van Der Weide stated it sounds like the cities are not working with the County. He stated he feels it is time to seek some fairness.
Mr. Grace stated the State statutes are heavily in favor of the cities. He stated he feels the County needs to push a little harder on annexation legislation at next year’s Legislative session.
Commissioner McLain recommended that this issue be placed on top of the list for next year’s legislative priorities.
Commissioner Maloy stated he would like Mr. Grace to come up with some options. Discussion ensued.
The Board had no objections to Mr. Grace putting together a plan of action and bringing it back to the Board.
Commissioner Maloy stated the Board needs to receive the 2005 Legislative session schedule as soon as possible. He stated he feels the Interlocal Agreement with the City of Oviedo is confusing and it needs to be rewritten.
Don Fisher, Planning & Development Manager, addressed the Board to state staff is scheduled to meet with the new Oviedo City Manager to discuss the mutual issues. The Board had no objections.
The Chairman recessed the meeting at 11:40 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 3, 4 and 5 voted AYE.
REQUEST TO VACATE &
ABANDON, JAMIE ADLEY
Continuation of a request to vacate and abandon a portion of the 50-foot right-of-way on Brantley Drive lying south of the easterly extension of the northerly line of Lot 36, Cutler Cove, as described in the proof of publication, Jamie Adley.
Planner, Michael Rumer, addressed the Board to present the request, advising the item was continued from the April 13, 2004 meeting, when an issue arose about the potential utilities located within the right-of-way. He further advised the staff recommends approval of the vacate, subject to the applicant providing a utility easement over the vacated right-of-way.
Jamie Adley, applicant, addressed the Board to advise he will answer any questions.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-105, as shown on page _______, vacating and abandoning a portion of the 50-foot right-of-way on Brantley Drive lying south of the easterly extension of the northerly line of Lot 36, Cutler Cove, as described in the proof of publication, Jamie Adley, subject to staff recommendations.
Districts 1, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone approximately 19.16 acres located on the east side of Tuskawilla Road, approximately 330 feet north of Misty Way from A-1 (Agriculture District) to PLI (Public Lands & Institutions District), Seminole County School Board/Diane Kramer, received and filed.
Planner, Tina Deater, addressed the Board to present the request, advising the School Board is in the process of expanding Tuskawilla Middle School, which has existed on the subject property for approximately 30 years. Rezoning to PLI would restore the middle school to its permitted use status and would eliminate the need for a special exception each time the school makes improvements. She further advised that staff has reviewed the request and determined that the zoning is compatible with the character of the surrounding area and does recommend approval.
Upon inquiry by District Commissioner Maloy, John Abi-Aoun, Development Review Engineer, addressed the Board to advise the School Board is currently going through a site plan review process where the drainage is being examined. He added that they must keep the same flow that is currently going into Tiffany Woods and not increase it.
Director of Planning & Development, Don Fisher, addressed the Board to advise Commissioner Morris is running late, but did ask him to relay to the Board that he would request a condition be made that the site plan will be reviewed by the District Commissioner in order to ascertain compatibility with the surrounding area.
No one spoke in support or in opposition.
District Commissioner Maloy stated he believes this fits into the existing uses that have been there for a while; therefore, he would recommend approval.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-21, as shown on page _______, granting rezoning of approximately 19.16 acres located on the east side of Tuskawilla Road, approximately 330 feet north of Misty Way from A-1 (Agriculture District) to PLI (Public Lands & Institutions District), as described in the proof of publication, Seminole County School Board/Diane Kramer (See clarification of motion under District Commissioners’ Reports this date).
Districts 1, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider the Joint Planning Interlocal Agreement between Seminole County, the City of Sanford and the Sanford Airport Authority relating to the Orlando Sanford International Airport, received and filed.
Planner, Tony Matthews, addressed the Board to advise the agreement will grant authority for the County to review and approve or deny all land use applications within the unincorporated portions of the Orlando Sanford International Airport (OSIA) Layout Plan. However, the City of Sanford will have the ability to institute the dispute resolution mechanisms of the 1995 Mediation Interlocal Agreement between the County, municipalities and the School Board. The agreement also creates an advisory committee to be known as the “Orlando Sanford International Airport Area Planning Committee”, which will review land use applications in the unincorporated portions of the Airport Layout Plan area. The agreement provides direction for processing land use applications that are compliant/non-compliant with the provisions of the agreement. He reviewed the staff findings as outlined in the Agenda Memorandum and advised the Sanford Planning & Zoning Commission unanimously recommended approval. The City Commission will consider the agreement on June 14 and the OSIA Authority will consider it at their July meeting. He pointed out that the approval of the agreement will not result in any changes to the existing land use, future land use designation, or zoning conditions within the Airport Layout. Nor will it result in any acquisition of property by the Airport. He expressed his thanks to the Airport Authority, the City and the DCA for their work on this agreement.
Commissioner Henley pointed out that this agreement will exempt the Airport Authority, the City and the County from having to go to the East Central Florida Regional Planning Council (ECFRPC) for review and approval.
Larry Dale, President of OSIA, addressed the Board to review the extensive public hearing process dealing with this agreement (copy of various public hearing dates was received & filed).
Antonia Gerber, City of Sanford Planner, addressed the Board to express appreciation for the cooperation and support from the County staff and the Airport Authority in taking the lead on this with the DCA.
Pablo Fonseca, 3010 S. Park Avenue, addressed the Board to express his concern with what this will do to his church on Marquette Avenue. He said if the church has to move, he hopes the County will find a nice place for it.
Chairman McLain stated that in the past the Board has been helpful to churches and tries to accommodate their needs.
Commissioner Morris entered the meeting at this time.
John Horvath, 10021 Bradford Drive, addressed the Board to state he is glad to see the three governments working together to come up a plan for the Airport as this will help with growth and economic development for the area.
Nilda Melendez, representing the Bethel Christian Church, addressed the Board to advise she is a realtor and a founding member of the church. She stated it was their understanding that their church would not be touched because it is located on the south side of the Airport across the street; however, when they received notice for today’s hearing, an incorrect map was included and then a corrected map was sent showing the church within the boundary. She said they built this church with car wash money and they do a lot of community service programs for the people of Sanford.
Upon inquiry by the Chairman, Mr. Dale advised the Bethel Christian Church is within the Airport’s Master Plan and if it is acquired by the FAA, the acquisition requires two appraisals to be sure people get a fair and equitable price.
Chairman McLain advised Ms. Melendez that should the acquisition come about, he would be happy to work on the church’s behalf.
Mr. Dale stressed that this is a 20-year plan and the acquisition may never come about. He added that the acquisition, if ever needed, would take place with or without the proposed agreement.
Commissioner Morris explained that this is a joint planning agreement which grants the County authority to review everything and will, in fact, protect the area property owners of any future action.
Theresa Parsons, area property owner, addressed the Board to state until this hearing, she had not received one notice. She said she would like notice of any future meetings.
Mr. Dale advised the Airport Authority meets the first Tuesday of every month and staff would be willing to meet with Mrs. Parsons at any time.
Claudette Brown, Crawford Drive, addressed the Board to question when the acquisitions will take place.
Chairman McLain reiterated that this meeting has nothing to do with the Airport’s Master Plan; but is to consider the joint planning agreement. He explained the Airport has a 20-year master plan, which is based on when and if the Federal government has the money and approves the improvements. He suggested the property owners in the area meet with Mr. Dale and his staff and attend the Authority’s meetings to keep abreast of what is happening.
Patricia Francis, Marquette Avenue, addressed the Board to state they have owned their property for four years and are just now building on it. She questioned if she should continue building or not.
The Chairman confirmed that Ms. Francis obtained a building permit from the City of Sanford and can build on the property. As far as any future impact, the Airport would have to compensate her if they acquire the property.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the Chairman to execute the Joint Planning Interlocal Agreement, as shown on page _______, between Seminole County, the City of Sanford, and the Sanford Airport Authority relating to the Orlando Sanford International Airport, with staff findings and recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider the acquisition of the Florida Water Services Utility System, received and filed.
Director of Environmental Services, Bob Adolphe, addressed the Board to advise the City of Altamonte Springs has the right of first refusal to purchase portions of the Florida Water Services Utility System and has agreed to make the utility available for purchase by the County. He displayed a map showing the location of the facilities as included in the briefing document provided by Hartman & Associates, Inc. (document was received & filed).
Jerry Hartman of Hartman & Associates, Inc. addressed the Board to review the following: income/expense statement, assets, rate base, physical condition of facilities, reasonableness of purchase price & terms, impact of the purchase, additional investment required, alternatives to the sale, statement of quality service, and statement of public interest. Copy of Mr. Hartman’s resume was received and filed.
Bob Briggs, Environmental Services Business Manager, addressed the Board to state if the Board moves forward, staff would recommend the use of water and sewer connection fees for the purchase. He said this is also recommended by the bond counsel.
Upon inquiry by the Chairman, Mr. Adolphe advised staff is recommending the purchase.
Mr. Briggs advised staff is suggesting a monthly rate adjustment for the current Florida Water customers of $4.50 (over what the current County customers are paying), which will still be less than what they are paying Florida Water.
Commissioner Morris stated that generally one would like to have all customers paying the same amount across the Board. He questioned if the staff has contemplated a ten-year rate stabilization plan where eventually all County customers pay that same amount.
Mr. Briggs stated staff has discussed a stabilization plan. Whereupon, Mr. Grace stated they do not know right now the period of time it would take for the plan. He added that staff will come back to the Board with a rate resolution.
Mr. Hartman suggested the Board may want to keep the Florida Water customers at their same rate for now and then come back later and lower the rates to what the current County customers are paying.
The Chairman stated that under Mr. Hartman’s suggestion the rates would come together quicker.
Attorney Charles Fletcher, consultant, addressed the Board to review with the Board the purchase agreement and its key terms.
Upon inquiry by Commissioner Henley, Attorney Fletcher advised that he does not see any of the concerns he raised as a “deal breaker” - he said they are just business risks.
Attorney Fletcher stated there are a few options the County needs to make. One is whether or not to acquire vehicles that have been leased and another is whether to offer employment to Florida Water Systems’ employees. He said County staff will be evaluating these options.
Mr. Adolphe advised currently Florida Water Systems have 8 staff and he is proposing 7. He further advised that purchasing this utility will require a little over $4 million and he is proposing taking that out of reserves. He requested approval of a resolution for the execution of an assignment and memo of understanding with the City of Altamonte Springs. He also requested Board direction to advertise for an ordinance for differential rates.
John Horvath, 10021 Bradford Dr., stated he is in support of the purchase.
No one else spoke in support or in opposition.
Chairman McLain stated he believes the main reason to consider this is for the improvement of the quality of life and public purpose. He further stated he thinks the Board should maintain a level rate on this until the County can lower it to what the current County customers are paying.
Motion by Commissioner Henley, seconded by Commissioner Morris to determine that it is in the public’s interest to purchase the Florida Water Services’ Utilities in order to improve the quality of service; authorize entry into the Purchase Agreement, which provides for acquisition of the utility, contingent upon successful condition findings during the Due Diligence Period; to adopt appropriate Resolution #2004-R-106, as shown on page _______, authorizing entry into the Purchase Agreement, Assignment and Memo of Understanding, as shown on page _______, with the City of Altamonte Springs, and reciting the County’s compliance of requirements under 125.3401 F.S.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize staff to prepare an ordinance permitting a rate differential for the citizens currently served by Florida Water Systems; and to schedule a public hearing for consideration of same.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONING FOR TUSKAWILLA MIDDLE SCHOOL,
SEMINOLE COUNTY SCHOOL BOARD
Commissioner Morris stated he was absent during the Tuskawilla Middle School rezoning earlier and he wanted to make sure that the site plan would be brought back to the District Commissioner.
The Chairman clarified that the motion to rezone included Commissioner Morris’ request.
Chairman McLain advised he attended a BankFirst Small Business Loans Program reception and is happy to report that the bank will be a direct lender for SBA (Small Business Assoc.) loans, which will offer some opportunities for businesses along the Hwy. 17-92 corridor.
The Chairman requested approval of $7,500 for funding the Soldiers Welcome Home Festivities at Walt Disney World.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize expenditure in the amount of $7,500 to the Association of the United States Army, Sunshine Chapter, for funding the Soldiers Welcome Home Festivities at Walt Disney World on June 12; and to authorize the County Manager to execute the budget change request to take the money out of General Fund Contingency.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman advised he received a letter from Tammy Uliano and her 4th grade class at Longwood Elementary School requesting the Board recognize September 11 as Hero’s Day in Seminole County.
The Board voiced no objections to directing the County Manager to bring back a resolution declaring September 11 as Hero’s Day in Seminole County.
The Chairman announced that the Rinehart Road Trail ribbon cutting ceremony will be held on June 4 at 10:00 a.m.; and the Rinehart Trail Recreational Fun Day will be held on June 5.
The following Communications and/or Reports were “received and filed”:
1. Copy of letter dated 5/7/04 to Richard Wells, City of Casselberry, from Don Fisher, Planning & Development Director, re: opposition to proposed annexation of San Pedro Center.
2. Letter dated 4/30/04 (with attachment) to Chairman McLain from John P. Saboor & Doug Barclay, Central FL Sports Commission, re: April activities report.
3. Notice of 5/20/04 Tri-County League of Cities meeting.
4. Copy of letter dated 5/10/04 to GFWC-Oviedo Woman’s Club from Jane Peterson, Library Services Manager, re: appreciation of donation.
5. Notice of 5/19/04 Seminole County Port Authority (SCOPA) board meeting.
6. Letter dated 5/9/04 (with attachments) to Chairman McLain from Lynn Davis, Civic Assoc. of West Lake Brantley, re: opposition to plat approval for Tranquility on Lake Brantley.
7. Copies of form letter dated 5/10/04 from Commissioner Dick Van Der Weide re: development of Tranquility Bay to: Mr. & Mrs. Steven Gegner; Dr. Wayne Soven; and William K. Fahey.
8. Copy of memorandum dated 5/14/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
9. Letter dated 5/4/04 (with attachment) to Chairman McLain from Rey A. Palma, Osceola County, re: new procurement policy. (cc: BCC, County Managers, Fiscal Services Director, County Attorney, Purchasing Manager)
10. Notice of 5/20/04 and 6/7/04 City of Oviedo public hearings for Live Oak Reserve PUD. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
11. Letter dated 5/4/04 (with attachment) to BCC from Michael A. Granger, FL Dept. of Business & Professional Regulation, re: County share of alcoholic beverage license fees for 1st quarter 2004. (cc: BCC, County Managers, Back-up to Fiscal Services Director)
12. Copy of letter dated 5/12/04 to Governor Jeb Bush from Commissioner Ted Edwards, MetroPlan Orlando (MPO) Chairman, re: MPO opposition to disproportionate Medicaid funding reductions. (cc: BCC, County Managers, County Attorney)
13. Letter received 5/17/04 (with attachment) to BCC from Carmel Munroe, Howard Phillips Center for Children & Families, re: FY 2002-03 Annual Report.
14. Letter dated 4/23/04 (with attachment) to BCC from James P. Berko, Seminole Community Mental Health Center, Inc., re: Seminole Children’s Village.
15. Notice of 5/19/04 Sanford Waterfront Master Plan Steering Committee meeting.
16. Letter dated 5/14/04 (with attachment) to BCC from James W. Berber, Central FL YMCA, re: YMCA FY 2003 Annual Report.
17. Copy of letter dated 5/14/04 to Jerry McCollum, County Engineer, from Victor D. White, Orlando Sanford International Airport, re: consistent signage and clear directional signage for Orlando Sanford International Airport.
18. Notice of 6/2/04 Council of Local Governments in Seminole County (CALNO) meeting.
19. Notice of 5/20/04 Seminole County Public Safety Coordinating Council meeting.
20. Memorandum dated 5/11/04 (with attachment) to BCC from Mary Kay Cariseo, FL Assoc. of Counties (FAC), re: veto request for SB 2564-Dept. of Juvenile Justice Detention Facilities Cost Shift Legislation.
21. Letter dated 5/14/04 to BCC from Mark Rehder, Juvenile Justice Board, re: support for funding of the Grand Master position in the County court system.
22. Letter dated 5/14/04 (with attachment) to Chairman McLain from Joe Saviak, LYNX, re: FY 2003 Annual Report.
23. Copy of letter dated 5/18/04 (with attachment) to Lori Solitro, Community Resources, from Andrew Van Gaale, City of Sanford, re: Front Porch Reading Academy Building grant.
24. Copy of letter dated 5/19/04 to Frank W. Clifton, Casselberry City Manager, from Kevin Grace, County Manager, re: proposed Casselberry annexation of the San Pedro Center.
25. Letter dated 5/18/04 to BCC from Diane Pickett Culpepper, Bright House Networks, re: addition of high definition cable service-HDTV.
26. Copy of letter dated 5/13/04 to Jerry McCollum, County Engineer, from Larry A. Dale, Orlando Sanford International Airport, re: dead trees along Lake Mary Blvd.
27. Letter dated 5/14/04 to Chairman McLain from Warren R. McPherson, St. of FL Dept. of Veterans’ Affairs, re: Seminole County participation in FL World War II memorial.
28. Letter dated 5/17/04 to Chairman McLain from Chief Judge James E.C. Perry re: resolution designating May as National Drug Court month.
29. Copies of form letter dated 5/12/04 from Lenor McLean Bromberg, Engineering, regarding Cross Seminole Trail Connector project near Old Sanford-Oviedo Rd. to: Gary J. Hasbach, Premix Marbletite Mfg. Co.; Jim Hall, Hall Co.; Harold Fues, Fues Auto Sales & Salvage; Vincent Contestabile, Affordable Tire; Bonnie Smith, Unlimited Welding; Frank Bracco, Modern Plumbing Industries; Michael Polomski, FL Engineered Construction Products Corp./Cast-Crete Division; Gordon A. Pearson, Weld All; and Bart Phillips, 419 Metal & Auto Recycling Center.
30. Copy of letter dated 5/21/04 to Blanca Bayo, FL Public Service Commission, from Kevin Grace, County Manager, re: application of Sanlando Utilities for Amendment of Water & Wastewater Certificate Amendments.
31. Copy of letter dated 5/19/04 to Victor White, Orlando Sanford International Airport, from Kathleen J. Myer, Engineering, re: E. Lake Mary Blvd. signage.
32. Letter dated 5/18/04 to Chairman McLain from John C. Hitt, UCF President, re: UCF briefing to the BCC.
33. Notice of 6/15/04 Seminole County neighborhood meeting re: Dike Rd. Sidewalk Project.
34. Letter dated 5/20/03 to BCC from The Sustainable Communities Advisory Council re: proposed Seminole County Code of Ethics.
35. Letter dated 5/17/04 (with attachment) to Chairman McLain from Steve Miller, South Seminole & North Orange County Wastewater Transmission Authority (WWTA) re: notice of proposed bond issue. (cc: BCC, County Managers, Environmental Services Director)
36. Notice of 5/25/04 Volusia County Metropolitan Planning Organization (MPO) public hearing re: federal certification. (cc: BCC, County Managers, Public Works Director, County Engineer)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Maloy expressed his concern with the road median landscaping and the drought conditions. He requested the water truck be used on these areas.
The Chairman requested staff provide Commissioner Maloy with the schedule for the water truck.
Commissioner Morris stated he visited the new Nature Center at the Environmental Center recently. He said the site has a well with a high sulfur content; however, there is a County water line that is directly off the property running down CR 419. He stated the School Board does not have the money to pay the hook-up fee.
The Board, by unanimous consensus, directed staff to run the appropriate water line to connect to the water hook-up on CR 419 for the Environmental Center property.
Commissioner Morris stated he would like to have a requirement that the District Commissioner checks off on all site plans. He said this should not be a delay in the DRC process and the site plans do not have to come back to the Board unless the District Commissioner thinks it should. The Board voiced no objections to directing staff to have a check-off by the District Commissioner of all site plans prior to sign-off.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to appoint Beth Gerber to the Parks & Recreation Advisory Board for a term ending January 1, 2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley reported that the Port Authority adopted their budget and he opposed it because they were choosing a 5-year plan and voted to build out, not pay off the loan, and borrow $1 million to do it.
Commissioner Henley advised the contract has been executed with LYNX and Mrs. Watson (new director) so things seem to be moving along. He further advised that the new positions included in the LYNX budget have not yet been approved by the LYNX Board.
At the request of Commissioner McLain, Mr. Fisher gave an update on the Bedford Estates Railroad Crossing Access issue, advising staff believes there is enough of a public issue that perhaps the County should look at accepting some kind of liability or agreement with CSX to let property owers cross the railroad crossing. He stated there are anywhere from 12 to 16 property owners that could be affected by this and it is a public safety issue.
Commissioner Van Der left the meeting at this time.
Mr. Fisher advised they have not been able to issue building permits for some of these properties because they cannot get access to do the building inspections. He said he would like Board direction for staff to work with CSX on this issue.
Mr. Grace said this is just the responsibility for the crossing itself and not the road.
District Commissioner McLain stated part of the problem is the County issued some building permits without legal access and are now telling others they cannot obtain permits. He said the public safety issue is his main concern.
Commissioner Morris discussed the trail crossing the railroad tracks. He suggested Mr. Fisher talk to the Engineering staff on the problems they have been having with the trail crossing tracks.
The Board voiced no objections for staff pursuing a solution for this issue.
Chairman McLain advised that the ceremony honoring the naming of the new I-4 Bridge at Volusia & Seminole County will be held at 9:30 a.m. on May 31st.
The Chairman declared the meeting recessed at 4:10 p.m., reconvening at 7:01 p.m. with all Commissioners, with the exception of Commissioner Morris who was absent, and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal of the Board of Adjustment’s decision to grant a side yard setback variance from 20 feet to 10 feet for a proposed addition on property located at 1734 Markham Glen Circle, Longwood, Florida, Dennis Missler, received and filed.
Earnest McDonald, Principal Coordinator, addressed the Board to present the request, stating the addition is an increase of approximately 60% to the Arnon home. He said the applicant did not demonstrate any special circumstances to support the requested variance. Granting of the variance would create special privileges, as the request is not for the minimum. Reasonable use of the property already exists, as well as the opportunity to expand without the requested variance. This request would potentially allow a building addition that is inconsistent with the trend of the neighborhood. Therefore, staff recommends reversing the decision of the Board of Adjustment, thereby denying the variance, unless the applicants can demonstrate a hardship consistent with the criteria of the Land Development Code.
Tom Lail, 1714 Markham Glen Circle, speaking on behalf of Dennis Missler, appellant, who was unable to be present, addressed the Board to state they all sympathize with the Arnons’ situation and he doesn’t think anyone would object to the addition to their home, but they reject the proposed relaxation of the 20-foot side yard setback requirement. He thinks three neighbors wrote objecting to the setback variance. He said the homeowners took a survey and this is included in the packets to the Board. He showed a picture (received and filed) color-coded to depict the results of the survey and stated that 20 homeowners are in favor of the appeal; there were 7 homeowners against the appeal and two of those represent the applicant and the neighbor north of the applicant. There were 6 neighbors who chose not to express support for or against, and 1 neighbor did not respond. So 20 of the 34 homeowners support the appeal and are requesting the 20-foot setback be maintained and enforced. Subsequently, Mr. Missler filed the appeal to the BCC. Mr. Lail said his main concern is that the setback requirement was well established when they bought in the neighborhood, and there is the expectation that it will be maintained. He said if the variance is granted, it could set precedence where it would be granted in other situations. They agree that on the property there is already sufficient buildable space to construct an addition that is as large or larger than what the Arnons are already proposing. He showed another map (not received and filed) and stated the addition could be reduced to 15 ft. and still meet the setback requirement that exists. He said he and the other neighbors are requesting the Board to approve the appeal and maintain the 20-foot setback requirement that exists.
Karen and Harry Arnon, property owners, addressed the Board. Mrs. Arnon stated some of the information in the survey is inaccurate. They have found that some of the homeowners who were listed as against the variance are actually in favor of the addition. She advised that Lot 1 owner rescinded her vote and changed it to support them. She said people have been e-mailing pictures of every home that has an addition and terrifying the homeowners with what their addition is going to be about. One gentleman was told that they were creating a zero lot line on their property. She read her written comments, stating the variance is to help her handicap mother. She said the architect and three builders determined the location and size of the addition. She submitted written statements (received and filed) from the architect and builders. She stated their request is also based on the hardship that if they are unable to have the addition, they will have to move. She understands the size of the addition was a requirement of the Americans with Disabilities Act. She said the cost to move their business and to a new home would be prohibitive. Mrs. Arnon submitted documents and e-mails (not received and filed) from other homeowners to the Board. She said there are two homes in particular in the neighborhood that are in direct violation of the covenants. She advised the homeowners on either side and in front of her support them. She said it is obvious that misinformation and the course of tactics used have upset the homeowners. Based on the need and the hardship, they are requesting the Board to honor the Board of Adjustment’s decision approving the variance.
Upon inquiry by Commissioner Maloy, Mr. Arnon answered that the drawings (not received and filed) provided are ones he did on the computer to simulate what the house would look like with the addition.
Matt West, Planning Manager, addressed the Board to answer the question by Commissioner Maloy on the rationale about the difference in setbacks in RC-1 and A-1. Mr. West said he speculates whenever the regulations were written at that time, they wanted the houses spaced out.
Joe Farrell, 1786 Markham Glen Circle, addressed the Board to state he is in favor of the appeal for all the same reasons that Mr. Lail indicated. He said he had sent in an e-mail with three points made, including that: (1) At the BOA meeting, the staff did not find any justification for the variance based on a hardship and said there is plenty of room behind the house; and (2) The Markham Glen Homeowners Association Board voted that the proposed addition sets a precedence of a 10-foot variance. The precedence could lead to homes 20 feet apart, which was one of the selling points of this neighborhood.
Dale Grant, 1762 Markham Glen Circle, addressed the Board to state what Mrs. Arnon indicated earlier as violations in the neighborhood were not violations, but were approved by the Architectural Review Board. He said there is only one entrance into this area. When the Arnons posted their sign, they had not spoken to most of the homeowners but only their immediate neighbors. Most of the people would not drive by their house to see the sign and they did not know what was going on until the Saturday before the Monday BOA meeting. There were questions from the residents about why the Arnons were building a 25-foot wide room. He said these are modest homes in this area, and he picked to go into this area because of the space separations, and the 20-foot setbacks. At the homeowners meeting on Saturday, Mrs. Arnon had the opportunity to present what they were asking for and she made a moving presentation about taking care of her mother. He said everyone supports Mrs. Arnon doing that; however, there was significant pushback to her building such large rooms and encroaching into the 20-foot setback by half. She was asked specifically in the meeting if she had consulted an architect to see if there was any other way this could be done, and she answered no. She was asked if she would have an architect look at it to see if there was another way this could be done. At her presentation to the Board on the following Monday, Mrs. Arnon proposed she had an architect look at this and there was no other way it could be done. He asked the BCC to overturn the decision of the BOA and leave the neighborhood as it is.
Jesse Swords, 1787 Markham Glen Circle, addressed the Board to state he has been on the Association’s Board for the last three years and have helped on the Architectural Review Board, and they are very careful when things are brought up and need attention. He said this is nothing against the Arnons. This neighborhood is very unique and has a lot of trees and acre lots, and has its own unique setting. What concerns him is if the Board allows this variance setback to 10 feet, what happens if two or three neighbors want to do the same thing and pretty soon they won’t have what they bought into. He said sometimes you have to take a financial look at what you want to do as you get older, and you may have to sell and go someplace else if the restrictions do not allow what you want.
Ms. Arnon stated the largest home in the subdivision is 3,600 square feet. She said Andy Beselica, Architectural Design Consultant, was the first person on their home site and he said the room would not be 25 feet wide. She said she feels it would be a hardship if they have to leave the neighborhood. Mr. Arnon reiterated that all four neighbors around them have been in support from day one and they have submitted letters in support.
Upon inquiry by Commissioner Henley, Mrs. Arnon stated they have lived in their four-bedroom house for 14 years. She said they can’t use the wheel chair in the house because everything is too narrow and that is why they are building the addition. Their neighbor already has a mother-in-law suite on that side of their house, and this seemed to be the most viable access to the room.
Upon further inquiry by Commissioner Henley, Mr. Arnon stated they did not come up with the actual footage, but brought in a professional to tell them what the needs were and the best place to locate it. He explained that there is no natural flow if the room is anywhere else. He said the room is also for him. He is losing the efficiency of his muscles and the recommendation of the doctors is to build the room so he could use it as well. The footage is necessary at 25 feet as a smaller building would not allow the proper bathrooms and shower required for a handicapped person.
Mrs. Arnon stated the Americans with Disabilities Act gave the specific requirements for the hallways and such.
No one else spoke in support or in opposition.
District Commissioner McLain stated one major concern is making sure they meet the requirements of the Americans with Disabilities Act. Looking at the layouts and comments the architect mentioned, it seems to confirm that this is the only location that will work for the addition. Also, the Board has documents from the surrounding property owners that they have no objections. He said the Board passed an ordinance not long ago to assist people in providing assistance for the elderly so they can be taken care of by their family. He tends to agree with the Board of Adjustment and recommend upholding their decision to grant the variance. He doesn’t see this setting a precedence for another variance. This is a medical hardship.
Commissioner Henley said it is very difficult to take a family that has been living in an area 14 years and then have an event that involves a health situation and say you have to move somewhere else. That is pretty harsh. He thinks this is one of those situations of compassion they have showed to others.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to deny the appeal, thereby, upholding the Board of Adjustment’s decision to grant a side yard setback variance from 20 feet to 10 feet for a proposed addition on property located at 1734 Markham Glen Circle, as described in the proof of publication, Dennis Missler, appellant.
Under discussion, Commissioner Maloy said the Board approved a side yard variance before and the person built a two-story building. He asked if this addition would be limited to what the Board sees presented tonight.
Whereupon, Chairman McLain said it can be stipulated in the motion that the addition can be one story only and the final site plan will be reviewed by the District Commissioner.
Commissioner Maloy added he would like to see that the architectural style of the addition will match the house and it will be limited to one story.
Districts 1, 3, 4, and 5 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:38 p.m., this same date.
ATTEST: _____________________Clerk _____________________Chairman