BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

MAY 9, 2006

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:30 p.m. on Tuesday, May 9, 2006, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)(Late)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Commissioner Dick Van Der Weide.

     County Attorney Robert McMillan led the Pledge of Allegiance.

     Chairman Henley welcomed Cindy Coto as the new County Manager.

Awards and Presentations

 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2006-R-104, as shown on page _______, proclaiming May 14-20, 2006 as “Emergency Medical Services Week”.

     Districts 1, 3, 4 and 5 voted AYE.

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     Commissioner Dallari presented the Resolution to Angel Nater, EMS, who expressed thanks to the Board and to those EMS personnel who work in the field.


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     Chairman Henley announced that Commissioner Morris is in another meeting and will be here at 10:00 a.m.

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     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt appropriate Resolution #2006-R-103, as shown on page _______, proclaiming May 15-19, 2006 as “Tourism Week in Seminole County.”

     Districts 1, 3, 4 and 5 voted AYE.

     Commissioner Dallari presented the Resolution to Bruce Waller, Chairman of the Tourism Development Council, who stated Susan Bunn, Tourism Director, and Linda Ortiz with the Central Florida Lodging Association were also in attendance.  Mr. Waller advised that Ms. Ortiz had provided the pineapples given to each Commissioner.  He thanked the Board for their leadership, motivation and understanding.  He said he appreciates their understanding of the continued poster business in Seminole County and everything they do to drive the economy in Seminole County that keeps the citizens coming.

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     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2006-R-105, as shown on page _______, proclaiming May 21–27, 2006 as “National Public Works Week in Seminole County.”

     Districts 1, 3, 4 and 5 voted AYE.

     Commissioner Carey presented the Resolution to Ruth Hazard, Environmental Services, and Public Works Director Gary Johnson, who expressed, on behalf of the nearly 500 hard-working employees, appreciation for the support of the Board and for their recognition of the employees who do the hard work everyday.

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2006-R-102, as shown on page _______, proclaiming the week of May 20–26, 2006 as “Safe Boating Week in Seminole County.”

     Districts 1, 3, 4 and 5 voted AYE.

     Commissioner Carey presented the Resolution to Lt. Dan Anderson and Terry Wilcox of the Seminole Power Squadron.  Lt. Anderson thanked the Board for their continued support throughout the years with their safe boating program.  He announced another class will be held at the Oviedo Seminole Community College campus on May 31, and he invited all boaters who have not taken the class to come do so.  He encouraged everyone who owns or operates their own personal water device to take a class.  He further encouraged everyone to have a life jacket on when operating a vessel.

     Mr. Wilcox stated he will be out on May 20 and 21 handing out certificates for safe boating classes.

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     Commissioner Van Der Weide stated he has had some interaction with The Sharing Center and they don’t discriminate against anybody in need and are doing a wonderful job.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2006-R-106, as shown on page _______, honoring the 20th Anniversary of The Sharing Center. 

     Commissioner Morris entered the meeting at this time.

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

     Commissioner Carey shared that she recently had the opportunity to spend some time with Angie Romagosa at the Center and they are doing a good job and can always use volunteers.

     Commissioner Van Der Weide presented the Resolution to Ms. Romagosa, who thanked the Board for their kind words and for the recognition and support given them over the years. 

     Commissioner Morris stated Rev. Hoyer’s presentation last meeting gave the great success of their health program.

     Commissioner Van Der Weide said he anticipates hearing more from The Sharing Center at budget time.

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     Chairman Henley recognized Dave Godwin, CPA, County Finance Director, Dan O’Keefe, CPA, and Clerk Maryanne Morse in attendance for presentation of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended September 30, 2005.  A copy of the CAFR was received and filed.

     Dan O’Keefe, Moore Stephens Lovelace, P.A., addressed the Board to give a PowerPoint summary of what the auditors did.  He reviewed the following:  Audit Scope, Organization Chart of the Audit Team; Reports Issued; Statement of Net Assets; Statement of Activities; and Fund Statements (for Governmental Funds and Proprietary Funds).

     Commissioner Morris had questions on the unreserved General Fund balance expenditure of 23%.

     Mr. O’Keefe continued with discussion of the Proprietary Funds; Notes to Financial Statements; Budgetary Comparisons; and Other Sections. 

     Chairman Henley had questions about the comment regarding post-employment benefits and about having infrastructure capitalized.  Mr. O’Keefe advised that September 30, 2006 is the deadline to get all infrastructure recorded. 

     Chairman Henley asked Ms Coto to make a note to give the Board progress reports from time to time on this.

     Commissioner Carey said she would like to see them do the actuarial study to determine what long-term affect the healthcare costs will be.

     Chairman Henley recessed the meeting at 10:30 a.m. and reconvened it at approximately 10:40 a.m.

Consent Agenda

 

County Manager’s Report

 

     Ms. Coto corrected the amount of $270,000 given in Item 10, Florida Communities Trust Grant Application (Jetta Point Park), to $607,525.  She explained the reason for the difference is that the amount reflected in the original agenda excluded the cost of parcels previously purchased. 

     Ms. Coto advised that staff has received a request from Gray Robinson for a 90-day continuance for Item #41, Rezone/Morrison Homes public hearing.  She further advised staff will seek a 30-day continuance on Item #42, Ordinance regarding renewal agreement with Bright House Networks, LLC, to finalize negotiations.  She explained the legislation the Board had some concerns over did fail.  Discussion ensued on the number of continuances.

     Dan Matthys, Planning & Development Director, addressed the Board to state the applicant has continued this item only two times.

     Commissioner Morris stated with regard to Item #42, the Board has been very patient with this.  It’s a great victory in the Senate and House.  He said Senator Constantine did a remarkable job on this committee.

     Chairman Henley said he will forward a letter to Senator Constantine on behalf of the BCC.

     Commissioner Morris advised the 30 days will allow staff to bang out some language that the Board may not even want.

     Commissioner Van Der Weide reminded everyone that the Board can change the policy on continuances at any meeting.

     Ms. Coto corrected the language in the second paragraph of the Agenda Memorandum for Item #51, Twin Pines Water & Wastewater MSBU, to read “to service the Twin Pines Water & Wastewater MSBU.”

     Commissioner Morris requested to pull Item #17, Award RFP-4269-06/BJC, for a separate vote.

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

Economic Development

 7.  Adopt Resolution #2006-R-107, as shown on page _______, approving the issuance of Industrial Development Revenue Bonds for the Central Florida Box Corporation, a Seminole County manufacturer, to finance the acquisition of land and a building at 2950 Lake Emma Road. 

 

Fiscal Services Budget

 8.  Budget Amendment Resolution #2006-R-108, as shown on page _______, #06-52 - $966,513 – Public Works – 2001 Infrastructure Sales Tax/Stormwater Fund.  To provide additional funding to construct the Crane Strand Regional Stormwater Facility, located between Eastbrook Blvd. and Betty St., extending south of Howell Branch Rd. to the County Line in District 1.

Grants Administration

 9.  Approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission for Lake Monroe Wayside Park; adopt Resolution #2006-R-109, as shown on page _______; and authorize County Manager to execute supporting documents. 

10.  Approval to submit a grant application to the Department of Community Affairs for the purchase of land at Jetta Point Park, and authorize the County Manager to execute supporting documents. 

11.  Approval to submit a grant application to the Department of Community Affairs for the purchase of land to develop Lockhart Park, and authorize the County Manager to execute supporting documents. 

MSBU

12.  Adopt Resolution #2006-R-110, as shown on page _______, establishing the new assessment rate for each MSBU with provisions for establishing revised assessment rates on an annual basis.  Exhibited rates will be included on the 2006 Notice of Proposed Non-Ad Valorem Assessment scheduled for distribution to property owners in early August.

13.  Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Titmus Amparo for the Chula Vista Road Paving and Drainage Municipal Service Benefit Unit.

Purchasing

14.  Award CC-0588-06/BHJ, as shown on page _______, Crane Strand Regional Stormwater Facility, to Oklahoma Farms, Inc. of Miami ($1,558,000).

15.  Award CC-0666-06/TLR, as shown on page _______, Black Hammock Wilderness Area Boardwalk to Paragon Development & Construction, Inc., of Orlando. ($424,965)

16.  Award RFP-0793-06/BLH, as shown on page _______, Horticultural Consulting Services, for Roadway Medians and Rights-of-Way to Professional Agronomic Consulting Services, Inc., Maitland, Florida (NTE $50,000 per year).

18.  Approve Amendment #2, as shown on page _______, to RFP-4242-05/GMG (Part B), Term Contract for Asphalt Base Stabilization and Related Services, with Asphalt Recycling, Inc. Melbourne Beach, Florida.  (Price increase due to market conditions.)

19.  Approve Amendment #1, as shown on page _______, to IFB-3069-03/JVP, Term Contract for the Purchase of Standard Utility Supplies.  (Price increase due to market conditions.)

 

Library & Leisure Services

20.  Approve and authorize Chairman to execute Agreement, as shown on page _______, with Mid-America Arts Alliance for use of traveling exhibits at the Museum of Seminole County History.

 

Planning & Development

Community Resources

21.  Adopt Resolution #2006-R-111, as shown on page _______, authorizing Chairman to execute an Ingress/Egress easement, as shown on page _______, for access to 1545 N. Delaware Street, Sanford, Florida across County-owned Lot 8, Block E, Astor Farms. 

Development Review

22.  Authorize release of Maintenance Bond #SU5004580 ($65,112.09) (Arch Insurance Company) for the Retreat at Wekiva Phase II; release of Maintenance and Escrow Agreement for $2,530.80 and Cash Maintenance Bond for South Orlando Drive ROW aka Winghouse of Sanford, LLC; and release of Maintenance and Escrow Agreement for $5,097.80 and Cash Maintenance Bond for Shurgard Hunt Club JV. 

Public Safety

EMS/Fire/Rescue

23.  Approve and authorize Chairman to execute Agreement, as shown on page ______, between Seminole County and Seminole Community College for Educational Services for their Emergency Medical Services Program for students to obtain on the job training. 

 

Public Works

Administration

24.  Reappoint Commissioner Gary L. Brender, City of Lake Mary, as a Municipal Representative to serve on the Seminole County Expressway Authority, pursuant to unanimous recommendation of the seven (7) cities located within Seminole County. 

Engineering

25.  Approve and authorize the Chairman to execute a Purchase Agreement, as shown on page _______, for a Sidewalk Easement necessary for the construction of a sidewalk adjacent to Lake Markham Road, Seminole Soccer Club.

26.  Adopt Resolution #2006-R-112, as shown on page _______, accepting a Sidewalk Easement, as shown on page _______, for the construction of a sidewalk along a portion of Palm Springs Drive, Southern Pioneer, LLC. 

27.  Adopt Resolution #2006-R-113, as shown on page _______, and authorize the Chairman to execute the Airspace Agreement and Addendum, as shown on page _______, with the Florida Department of Transportation for the construction and maintenance of the Seminole Wekiva Trail-Pedestrian Underpass at State Road 434 (Douglas Avenue to Markham Woods Road). 

28.  Adopt Resolution #2006-R-114, as shown on page _______, of Necessity relating to the County Road 15 (Monroe Road) improvement project. 

Traffic Engineering

29.  Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page _______, between Seminole County, the Seminole County Sheriff’s Office, and Magnolia Plantation Homeowners’ Association, Inc. to enforce regulatory signs within the subdivision. 

30.  Approve and authorize Chairman to execute the Preliminary Engineering Agreement, as shown on page _______, with CSX Transportation, Inc., for the replacement of an existing rubber crossing with a new concrete crossing surface at Plumosa Avenue. 

 

Tourism Development

31.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Florida Collegiate Summer League for the FCSL Elite 12 USSSA tournament in the amount of $5,000. 

 

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

 

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     Commissioner Morris said with regard to Item #17, Award RFP-4269-06/BJC, Term Contract for Water and Wastewater Laboratory Services, that he is concerned in terms of the switching of firms after what they went through three years ago. 

     Ruth Hazard addressed the Board to say the last time they had a contract was approximately six years ago.  Three years ago they decided to piggy back the contract.

     Commissioner Morris said he has a concern if all the divisions that the lab serves were included and he is not sure if he fully understands the logic of the lower ranges for the existing contract.  He thought the County Manager could review this and come back with a recommendation to the Board.

     Chairman Henley said he believes he would defer this to another meeting.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to delay the award of the contract, RFP-4269-06/BJC, Water and Wastewater Laboratory Services, to a date the County Manager brings it back.

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

County Attorney’s Consent Agenda

 

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

Litigation

32.  Approve negotiated costs settlement relating to Parcel Numbers 139A and 139B/739, Maratta property, on the Lake Drive road improvement project, in the amount of $37,879.40 for expert fees and costs. 

33.  Approve proposed settlement relating to Parcel Number 1, Ratcliff property, on the Consumers/Lake Hayes Transmission Main Project, in the amount of $39,000 inclusive of all land value, severance damage, statutory interest, attorney’s fees, and cost reimbursements. 

34.  Approve proposed mediated aggregate settlement relating to Parcel Numbers 200C/800, Helen Howland Holdings, Inc. property, on the East Lake Mary Boulevard, Phase 11B project, in the amount of $172,588.60 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, and total statutory attorney’s fees and expert fees and cost reimbursements.

35.  Approve proposed mediated aggregate settlement relating to Parcel Numbers 214/814/A/B, Sanford Acquisition Group, LLC property, on the East Lake Mary Boulevard, Phase IIB project, in the amount of $82,745.21 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, and total statutory attorney’s fees and expert fees and cost reimbursements.

 

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

 

Constitutional Officers Consent Agenda

 

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

Clerk’s Office

36.  Expenditure Approval Lists, as shown on page _______, dated April 10 & 17, 2006; and Payroll Approval List, as shown on page _______, dated April 6, 2006

37.  BCC Official Minutes dated April 11, 2006

 

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

 

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     The Board noted, for information only, the following Clerk’s “received and filed”:

 1.  Seminole County Fiscal Performance Report, as shown on page _______, for FY 2004/2005. 

 

 2.  Quit Claim Deed, as shown on page _______, from Carlos Piedra per Resolution #2005-R-23, adopted by the BCC on February 8, 2005. 

 

 3.  Title Opinion, as shown on page _______, for Regency Estates, Ph. 2. 

 

 4.  Joinder & Consent Agreement, as shown on page _______, by Gabriella Properties, LLC to Talman Mews, LLC. 

 

 5.  Self Insurance Program Renewal (Excess Liability Policy), as shown on page _______, as approved by the BCC on September 13, 2005. 

 

 6.  Second Amendment, as shown on page _______, to PS-5120-02/BJC, PBS&J. 

 

 7.  Amendment #2, as shown on page _______, to M-0168-05, Peninsula Eng., Inc. 

 

 8.  W.O. #9 & #10, as shown on page _______, to CC-1198-02, CEM Enterprises, Inc. 

 

 9.  W.O. #3, as shown on page _______, to M-485-05, IMS Infrastructure Management Services. 

 

10.  W.O. #43, as shown on page _______, to CC-1220-03, TLC Diversified. 

 

11.  Contract #M-0848-06, as shown on page _______, Price Construction. 

 

12.  W.O. #32 & #33, as shown on page _______, to PS-5120-02, PBS&J. 

 

13.  W.O. #23 & #24, as shown on page _______, to RFP-4214-04, Site Secure, Inc. 

 

14.  W.O. #8, as shown on page _______, to PS-5175-04, Reiss Environmental, Inc. 

 

15.  Amendment #1, as shown on page _______, to W.O. #6 to PS-597-01, Glatting, Jackson, Kercher, Anglin, Lopez & Rinehart, Inc. 

 

16.  W.O. #3, as shown on page _______, to RFP-4232-04, Glatting, Jackson, Kercher, Anglin, Lopez & Rinehart, Inc. 

 

17.  W.O. #1, as shown on page _______, to RFP-0013-06, The Colinas Group, Inc. 

 

18.  First Amendment, as shown on page _______, to IFB-3071-03, Seminole Imaging Products, Inc. 

 

19.  Public Facilities Report for South Seminole & North Orange County Wastewater Transmission Authority for FY ended 9/30/05. 

 

20.  Development Orders, as shown on page _______, for the following variances:  Gordon Erd #06-30000016; Brad Heath #06-3000022; Wendall Hill #06-30000024; Armando Perez #06-3000026; McCavanagh Corp. #06-30000031; McCavanagh Corp. #06-0000032; Lillian Nouvel #06-30000025; Glenn Lakins #06-30000035; Llanio Beatriz #06-30000030; Jolan Stoltz #06-30000007; Steven McNamee #06-30000018; Michelle & Reginald Young #06-30000019; Donald & Mary Banks #06-30000020; Donald Davenport #06-30000027; Doris Justice & Connie Reid #06-30000029; Doris Justice & Connie Reid #06-30000028; and Salvador Corona #06-30000034. 

 

21.  Development Orders, as shown on page _______, for the following Special Exceptions:  Seminole County BCC (Dike Road) #06-3200001; Dale Bauman #06-3100006; and Eusebio Medina, Jr. #06-3100008. 

 

22.  Second Amendment, as shown on page _______, to RFP-4243-05, Clear Water Products & Services. 

 

23.  First Amendment, as shown on page _______, to RFP-0268-05, NRA Group, LLC. 

 

24.  First Amendment, as shown on page _______, to PS-5168-04, Camp Dresser & McKee. 

 

25.  Amendment #2, as shown on page _______, to W.O. #12 to PS-586-01, SCS Engineers. 

 

26.  W.O. #28, as shown on page _______, to CC-1261-05, Apec, Inc. 

 

27.  Contract #M-0849-06, as shown on page _______, Crom Engineering & Construction Services. 

 

28.  Amendment #2, as shown on page ______, to W.O. #60 to PS-556-00, DCR Engineering. 

 

29.  Maintenance Agreement with Letter of Credit, as shown on page _______, for The Gathering Place in the amount of $2,900. 

 

30.  C.O. #1, as shown on page _______, to CC-1212-03, Unipark Construction. 

 

31.  W.O. #12, as shown on page _______, to PS-5174-04, Connect Consulting, Inc. 

 

32.  W.O. #47, as shown on page _______, to PS-5130-02, Ardaman & Assoc. 

 

33.  W.O. #4, as shown on page _______, to PS-5177-05, PEC. 

 

34.  W.O. #41, as shown on page _______, to PS-5165-04, Inwood Consulting Eng. 

 

35.  Certificate of Substantial Completion, as shown on page _______, for CC-1262-05 for W.O. #11. 

 

36.  Notices, as shown on page _______, of Satisfaction of Connection Fees for the following:  AK Business Center Ph. 2; Big Tree Crossing Ph. 3; Lake Forest Sect. 7A; and Wekiva Center Ph. II. 

 

37.  Bill of Sale, as shown on page _______, for Seminole Harley-Davidson. 

 

38.  Bill of Sale, as shown on page _______, for The Nutty Bavarian. 

 

39.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Heathrow Oaks, LLC. 

 

40.  Conditional Utility Agreement, as shown on page _______, for water service for Dirt Group, Inc. 

 

41.  Conditional Utility Agreements, as shown on page _______, for water & sewer service for Sunshadow Professional Plaza. 

 

42.  Bill of Sale, as shown on page _______, for RBC Bank. 

 

43.  Amendment #3, as shown on page _______, to W.O. #5, CC-1188-02, The Roofing Connection, Inc.

 

44.  Certificate of Final Completion, as shown on page _______, for W.O. #5, CC-1188-02, The Roofing Connection, Inc.

 

45.  Bids for the following:  PS-0676-06; RFQ-0859-06; CC-0588-06; CC-0735-06; RFP-0793-06; RFP-0794-06; PS-0722-06; IFB-600017-06; RFP-0778-06; CC-0786-06; and RFP-0780-06.

 

County Manager’s Briefing

 

     Tony Walter, Planning Manager, addressed the Board to introduce Cheryl Stolzenberg, Principal Coordinator, who presented the Draft of the Evaluation and Appraisal Report (EAR) 2006 (received and filed) and requested Board direction to submit a draft of portions of the Draft to the Department of Community Affairs for a courtesy review. 

     Commissioner Carey encouraged Ms. Stolzenberg to talk to staff in Lake County as they have been going through the process about how to deal with growth management.  She cautioned staff about submitting something to DCA and if they say they like it, staff will be reluctant to change it.  She said she wants to make everyone aware that they could learn some things from Lake County and they need to be able to make this a document that works for this county whether DCA says they like it or not.

     Regarding the eight areas of comments by the P&Z, Commissioner Carey said she wants to make sure they consider all the moving parts.

     Commissioner Morris stated on some of the changes, conclusions and recommendations, those were brought before the Board for discussion over the course of last year.  In terms of the eight recommendations from the P&Z, the library one concerns him.  He is particularly concerned about Item #2 on the East Rural Area, since this Board has not dispensed with this item itself. 

     Mr. Walter advised staff will come back to the BCC the first of next month before having to adopt the EAR.

     Commissioner Morris directed staff to be real cautious on Item #2.

     Chairman Henley said he thinks they will be better off to go with what the draft is and keep the eight items from the P&Z in abeyance as the Board does not feel confident with the eight items at this point. 

     The consensus of the Board was for staff to submit the draft report without the recommendations from the P&Z.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to direct staff to submit the draft of portions of the Evaluation & Appraisal Report (EAR), excluding the recommendations from the P&Z, to the Department of Community Affairs for a courtesy review.

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

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     Janet Davis, Human Resources Director, addressed the Board to state in December, the Board selected Evergreen Solutions to do the Compensation and Benefit Study.  She advised the study will not be completed until the end of this month.  She introduced Dr. Jeffrey Ling, Executive Vice President of Evergreen Solutions.

     Dr. Ling addressed the Board to give a PowerPoint presentation (copy was received and filed) of some of the major findings of the study.  Additional pages (copies received and filed) of the proposed Pay and Classification Plan, Bands A through F, were distributed.  Dr. Ling gave an interim update, reviewing the Project Scope, Project Methodology, and Assessment of Current Conditions.  During discussion, he advised Chairman Henley that he is recommending complete correction to the 50th percentile for each of the pay bands based on what the level would be with experience.  He said not everyone would move to the mid-point, but it would vary by the length of service.  He said they will lay out in the final report the guidelines that would give where some of the people would be slotted.  He suggested rewarding individuals who have been committed to the organization by placing them within a certain percentile. 

     Dr. Ling advised Commissioner Carey that the pages distributed are replacement pages of the information in the agenda packet.

     Upon inquiry by Commissioner Morris, Marie Fox, Human Resources, advised that it has been nine years since the last study was done.  Whereupon, Commissioner Morris said the bottom line is that staff has not brought to the Commission in nine years an adjustment to look at the 50%.  He said this is not a policy-driven issue, but a staff/management driven issue.  There has been slippage and it was not based upon any policy of the County Commission and has been a recommendation upon staff.  He doesn’t recall the Board not approving any pay band request; and now the vacancy rate they have currently is 11% and has been tht for about six months.

     Dr. Ling advised Commissioner Morris that he did include in the survey of employees discussion about the free turkeys at Thanksgiving.  Commissioner Morris said the elimination of the free turkeys at Thanksgiving brought up a morale issue.

     Commissioner Carey said she doesn’t think that program had a lot of bearing on the morale, because there was already a morale issue.

     Commissioner Van Der Weide stated any benefit you give to employees and then remove for whatever reason, to some people it is much more significant than to others.  He said the results of the study did not shock him, but they have to remember that the Board has had the support of the citizens on a regular basis so they are doing something right.  The people who are really doing what is right for the citizens are the employees out in the field.  To keep at a competitive level and to make sure Seminole County’s standing is not lost in the region, they had better do what is right to make sure the employees stay in that position so they maintain the benefits they have with the high quality employees throughout the staff.  He said the Board should look at the budget and windfall they had last year; and he is hearing about a windfall for this year.

     Chairman Henley stated he agrees with Commissioner Van Der Weide’s comments, but the thing they have to be careful about with the windfall is that it doesn’t stop next year.  They have to make sure what they do is sustainable or they will have to take away more turkeys when the revenue starts dropping.  He said the individuals who are most face-to-face with the public are the lowest paid employees.  There are employees that are at on poverty levels now, and he doesn’t think the report they have before them now greatly improves that.  The Board recognizes there is a problem, and the majority of the workers are in those pay bands.  He added they must make a substantial pay increase in that level.

     Commissioner Morris stated he agrees with both Commissioners.  The leadership and positions that are highly technical is why the Board pushed staff to do this analysis.  The Board raised the policy issue because they were not seeing the issue come to them.  They were concerned about losing the highly technical positions that are very hard to recruit, and the Chairman is raising the concern about “rank and file” at the lower levels.  He said at the front end of this equation is that the technical and professional positions need to be dealt with.

     Chairman Henley said he was not ready to adopt this yet.  He said the Board asked for the professional positions to come to them some time ago.

     Commissioner Morris said staff is now confusing the issue by moving the two together.  He asked if the Board could at least deal with the highly technical and professional positions today.  

     Commissioner Van Der Weide stated he did not have a problem dealing with that, but he doesn’t want to leave these others.  He thinks they can get by in two weeks, but the Board needs to immediately approve the necessary dollars to keep the key positions.

     Commissioner Dallari said obviously, something needs to be done.  If they have people working for the County who are on the poverty level, he wants to make sure that is addressed.  He can wait for the next two weeks, but he wants to make sure they are not causing another problem of compression by moving the technical positions up.  He wants Dr. Ling to speak about compression to be sure none of the employees are on the federal poverty list.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the necessary dollars ($800,000) for adjusting key positions, effective June 1, 2006, with staff to bring back in two weeks the adoption of the Pay and Classification Plan and approval of funding ($3,500,000) for the overall Compensation Plan effective October 1, 2006.

     Under discussion, Dr. Ling advised Commissioner Dallari that the questions he asked can be answered in two weeks.

     Commissioner Carey stated the other thing they may have to look to is hiring consulting firms to get the use of their people while they need them.  She is saying an alternative source may be to use contracts they have in place to get those people from the private sector.

     Commissioner Morris said he thinks Commissioner Carey is talking about a temporary, privatization period and he doesn’t disagree with that.

     Ms. Coto said she had to do much of what Commissioner Carey was talking about and you have to pay a steep premium to do that, but there are times it is necessary.  She would never want it as a long-term solution.

     Commissioner Van Der Weide said they have to take care of the employees they have.  If they have those situations out there, two weeks is fine, but let’s not make the problem worse by ignoring the problem and have it continue to grow.

     Commissioner Morris repeated his motion for approval and said that is with the comments by Chairman Henley, the compression issue by Commissioner Dallari, and comments by Commissioner Van Der Weide to come back in two weeks.

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

     Commissioner Dallari asked Ms. Coto to review the performance evaluations to see if a study is needed.  He said she can bring that back and if the Evergreen contract needs to be amended, she can bring that back on the next agenda.

     Chairman Henley stated when he met with Janet Davis, he asked her to give an indication of who the peers were and their positions if they took into consideration the total benefit package.  He also asked for an indication of what the changes, reassignments and responsibilities have had on the pay bands.  He would like some update on that issue to come back in the final report in case the Board needs to look at some pay band issues where certain positions are placed.

     Commissioner Dallari questioned if the County Manager could bring back the information in two weeks.  He said review of the performance evaluations is critical. 

     Commissioner Carey said she thinks Dr. Ling had started looking at that.  She encouraged Ms. Coto to review the discussions the Board had in the budget sessions.  She agreed this needs to come back to the Board as a package.

     Ms. Coto said she was here the last time the Board had this discussion relating to compensation, benefits, performance and evaluations and she sees it is more than timely to evaluate all those again.  She said she went through a very similar process after she went to Volusia County.

     Commissioner Morris said he is concerned about the recruitment and bonus concept.  He asked Dr. Ling to come back with an explanation and discussion of that.  Dr. Ling said they will look at that as part of the final report and make a recommendation.

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     Chairman Henley recessed the meeting at 11:45 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with Commissioner Morris entering late and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session. 

PROOFS OF PUBLICATION

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

     Districts 1, 3, 4 and 5 voted AYE. 

     Commissioner Morris entered the meeting at this time. 

PUBLIC HEARINGS

REQUEST TO REZONE FROM A-1 TO

PUD, MORRISON HOMES, CONTINUED

 

     Continuation of a public hearing to consider a request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) property consisting of approximately 55.94 acres located on the south side of Wilson Road and east of International Parkway a/k/a Lakeshore Preserve, as described in the proof of publication, Morrison Homes. 

     Chairman Henley advised of a request from the applicant to continue for 90 days.  Copy of letter from the applicant was received and filed. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to continue for 90 days request to rezone from A-1 (Agriculture District) to PUD (Planned Unit Development) property consisting of approximately 55.94 acres located on the south side of Wilson Road and east of International Parkway a/k/a Lakeshore Preserve, as described in the proof of publication, Morrison Homes. 

     No one spoke in support or in opposition to the continuance. 

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

CONSIDERATION OF ORDINANCE RE:

BRIGHT HOUSE NETWORKS, LLC., CONTINUED

 

     Continuation of a public hearing to consider an Ordinance approving and entering into a ten-year franchise renewal agreement with Bright House Networks, LLC., as described in the proof of publication.   

     Chairman Henley advised of the need to continue this item. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to continue until June 13, 2006, consideration of an Ordinance approving and entering into a ten-year franchise renewal agreement with Bright House Networks, LLC., as described in the proof of publication. 

     No one spoke in support or in opposition to the continuance. 

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

CONSIDERATION OF PETITION FOR

GRANDE OAKS CDD, TOM CLOUD

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a petition to form the Grande Oaks Community Development District (CDD) consisting of 27.19 acres located on the northeast intersection of Orange Boulevard and SR 46A, Tom Cloud, Gray Robinson, PA, received and filed. 

     Planning Director, Dan Matthys, addressed the Board to present the request, advising the property received Final Master Plan approval on September 27, 2005 for 314 townhomes.  He explained the proposed district will provide public infrastructure through non-ad valorem assessments for such services as water and sewer utilities, interior roadways, street lighting, stormwater management, landscaping, recreational facilities, entry features, and off-site improvements.  CDD’s are regulated by Chapter 190, F.S. and are independent special purpose units of government established to finance basic services within a development.  Per Chapter 190, CDD’s with less than 1,000 acres in size are approved by ordinance by the local jurisdiction.  He reviewed the six factors (listed in the Agenda Memorandum) outlined by the Statutes that local government should consider in making a determination on a petition for the CDD.  He further advised that after review, the staff recommends approval of the petition, subject to an application fee of $15,206.19, which includes all processing and administration costs associated with approval of the petition. 

     District Commissioner Carey commented that she has done a lot of research on this by speaking with DCA and the Attorney General’s Office.  She said she can understand why a developer would request this if he is developing in an area that does not already have infrastructure; but, she is not sure if it is necessary in this area where the property is located.  She also said that this project in only 27 acres. 

     Attorney Tom Cloud, representing the petitioner – Heathrow Oaks, LLC, addressed the Board to state the statutory requirements with regard to their petition have been met.  He introduced Hank Fishkind of Fishkind & Associates, advising Mr. Fishkind has been working on CDD’s since 1983.  He pointed out that there are approximately 300 of these districts in the State and about 15% of them are this size project. 

     Hank Fishkind addressed the Board to advise his company is a financial and economic advisory firm and they help form 200 of the 300 CDD’s in the State.  He said they did help the Duda family form the Dovera District. 

     Chairman Henley disagreed with the statement in the petition (copy received & filed) that said the district will prevent the general body of taxpayers in Seminole County from bearing the burden for installation of the infrastructure and the maintenance of the development.  He said that responsibility is generally bore by the developer and the general taxpayer doesn’t provide any of that. 

     Upon inquiry by Commissioner Morris, Mr. Fishkind advised it is their intent to turn the internal roads over to the County for maintenance and items such as the retention pond, wall, landscaping and drainage systems will be maintained by the homeowners. 

     Commissioner Morris stated it will require much thought by staff on how to handle the right-of-way.  Whereupon, Mr. Fishkind advised that will be negotiated by the district with the Public Works Department. 

     Commissioner Van Der Weide said he personally doesn’t see any advantage to the taxpayers of Seminole County – the advantage is to the developer to receive low-cost financing.  He added that the district will add another level of taxing authority and bureaucracy. 

     Discussion ensued between the Chairman and Mr. Fishkind with regard to the disclosure requirements.  Mr. Fishkind advised there is no disclosure on resales. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended denial of the petition. 

     Motion  by Commissioner Carey, seconded by Commissioner Dallari to deny Petition to form the Grande Oaks Community Development District (CDD) consisting of 27.19 acres located on the northeast intersection of Orange Boulevard and SR 46A, as described in the proof of publication, Tom Cloud, Gray Robinson, PA. 

     Under discussion, Commissioner Morris stated he does think this is an interesting way to “skin a cat”.  He said it appears this may lead to a higher end development project.  He added that if everything is disclosed, he does not see a problem. 

     Chairman Henley said he can see where the district might be beneficial for larger properties; but feels this will set a precedent on properties of this size. 

     Commissioner Van Der Weide reiterated that he does not see the advantage to the County. 

     Districts 1, 3, 4 and 5 voted AYE. 

     Commissioner Morris voted NAY. 

LAND USE AMENDMENT & REZONING

FROM A-1 TO C-1, LARRY POLINER, CPH ENG.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from MDR (Medium Density Residential) to COM (Commercial) and Rezoning from A-1 (Agriculture) to C-1 (Retail Commercial) for property consisting of 1.45 acres, located on the southeast corner of SR 426 and Chapman Road, Larry Poliner, CPH Engineers, received and filed. 

     Planner, Michael Rumer, addressed the Board to present the request, advising this item and the next one are related.  He stated staff recommends approval of the amendment and rezoning as requested. 

     Chairman Henley advised Barbara Stiver and Catherine & Robert Hapine submitted Written Comment Forms (received & filed) expressing concern about the access on Chapman Road and Church Road. 

     Mr. Rumer advised this request is not done to a specific site plan; but the access issue will be addressed at the DRC meeting and will be permitted by FDOT. 

     Larry Poliner, applicant, addressed the Board to advise the access on the north will be through the Lutheran Haven property.  He stated they are willing to give whatever right-of-way is necessary to widen Chapman Road. 

     Upon inquiry by Commissioner Dallari, Mr. Poliner advised they will have access from both SR 426 and Church; and Church Road will be improved. 

     Steven Ratcliff addressed the Board to advise his office is located a half mile from the property in question and he is in support of the request.  He added that more office commercial is needed in this area. 

     Don Kovac, Executive Director of Lutheran Haven, addressed the Board to advise the property is currently owned by Lutheran Haven and they are in support of the request. 

     Barbara Stiver, 2465 Kirk Road, addressed the Board to state she has no problem with the property going commercial.  She said her only concern is the safety issue on Church Road. 

     The Chairman advised Ms. Stiver that issue will be taken care of in another process the developer has to go through. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2006-22, as shown on page _______, approving a Small Scale Land Use Amendment from MDR (Medium Density Residential) to COM (Commercial); and to adopt Ordinance #2006-23, as shown on page _______, granting rezoning from A-1 (Agriculture) to C-1 (Retail Commercial) for property consisting of 1.56 acres, located on the southeast corner of CR 426 and Chapman Road, as described in the proof of publication, Larry Poliner, CPH Engineers. 

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

LAND USE AMENDMENT & REZONING FROM

R-3A TO CN, LARRY POLINER, CPH ENG.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from MDR (Medium Density Residential) to COM (Commercial) and Rezoning from R-3A (Multi-family Dwelling) to CN (Restricted Neighborhood Commercial) for property consisting of 2.28 acres, located on the northeast corner of SR 426 and Chapman Road, Larry Poliner, CPH Engineers, received and filed. 

     Planner, Michael Rumer, presented the request, advising this item is related to the previous item.  He stated staff recommends approval of the amendment and rezoning. 

     Larry Poliner, CPH Engineers, advised the access to this property will be through the existing Lutheran Haven property. 

     Steven Ratcliff voiced his support of the request. 

     Don Kovac, Lutheran Haven Executive Director, briefly spoke in support. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-24, as shown on page _______, approving Small Scale Land Use Amendment from MDR (Medium Density Residential) to COM (Commercial); and to adopt Ordinance #2006-25, as shown on page ________, granting rezoning from R-3A (Multi-family Dwelling) to CN (Restricted Neighborhood Commercial) for property consisting of 2.28 acres located on the northeast corner of SR 426 and Chapman Road, as described in the proof of publication, Larry Poliner, CPH Engineers. 

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

REQUEST TO REZONE FROM R-1 TO RP,

JOHN HERBERT, AMERICAN CIVIL ENG. CO.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from R-1 (Single Family Dwelling) to RP (Residential Professional) for property consisting of .17 acres located at 204 O’Brien Road, John Herbert, American Civil Engineering Co., received and filed. 

     Planner, Michael Rumer, presented the request, advising the applicant intends to convert an existing 1.162 square-foot one-story single family residence to a one-story office building.  He further advised staff recommends approval of the rezoning request. 

     No one spoke in support or in opposition. 

     District Commissioner Henley advised he has not received any objections to the request; therefore, he would recommend approval. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt Ordinance #2006-26, as shown on page _______, granting rezoning from R-1 (Single Family Dwelling) to RP (Residential Professional) for property consisting of .17 acres located at 204 O’Brien Road, as described in the proof of publication, John Herbert, American Civil Engineering Co., subject to the Site Plan and Development Order, as shown on page _______. 

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

APPEAL AGAINST BOA,

ED HAUSER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to grant a Special Exception for the continued placement of a mobile home for five years at 2295 Canal Street, Ed Hauser, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the appeal, advising the applicant is requesting the permanent placement of an existing 1978 and a 1988 single-wide mobile homes that have been attached.  In 1984, the property received a 10-year Special Exception for one of the current mobile homes, which has since expired.  Since that time, the applicant has placed a second mobile home on the property without a permit.  She explained the applicant has combined the mobile homes into one unit by constructing a screen room between the mobile homes. 

     Ed Hauser, appellant, addressed the Board to request the BOA be overturned and a permanent permit be granted for his property.  He said he has been a good steward of the land.  He discussed his taxable value and said he has never complained about paying his taxes.  He stated that he appreciates the personal interest the Commissioners have in his property and requested that the application fee be waived.  He thanked the County staff for working with him and for doing an outstanding and in depth review of this request. 

     Commissioner Morris advised he has met with Mr. Hauser and appreciates what he is trying to do.  He clarified that the taxable value of this property has nothing to do with the request.  He also clarified that proper permits are not in place. 

     Mr. Hauser said that he has had two code enforcement violations.  One because of not having a Special Exception on the property and the other one for not having a permit on his office building. 

     Commissioner Morris also commented that the first mobile home was purchased in the 80’s and has no paperwork (wind load standards) on it.  

     Upon inquiry by Commissioner Morris, Ms. Fall advised the original mobile home placed on the property in 1984 was permitted and that permit expired in 1994.  She further advised that Mr. Hauser has since placed the second mobile home on the site without a permit and that mobile home needs to meet wind load standards.  Upon review, the building inspector could not find the sticker on the mobile home verifying that it meets that criteria.  She said the second area of concern is Mr. Hauser putting both mobile homes on the property and connecting them with a screen enclosure and the third area of concern is the office/shop structure that does not have a building permit. 

     Commissioner Morris said there is also a question about the drain field. 

     Mr. Hauser stated he put in an oversized drain field and the tank has only needed to be pumped once in 15 years. 

     Commissioner Carey relayed that the Building Department has said they cannot determine if the trailers meet the wind load standards.  She said she does not have a problem with mobile homes on the site; but her concern is with the safety and she would like to know whether or not the trailers can be permitted or not. 

     County Attorney, Robert McMillan, advised the granting of the Special Exception only authorizes Mr. Hauser to have a mobile home on the property; but he still has to obtain a permit for it.  If the mobile home does not comply with codes, he would have to remove it from the property. 

     Commissioner Morris stated there are multiple issues on this property and after dealing with this for ten months, there does not appear to be anything resolved. 

     Ms. Fall said in those ten months, no improvements have been made on the property. 

     Attorney McMillan said the Special Exception does not address the office/shop structure that is on the property without a permit. 

     Upon inquiry by Commissioner Morris, DCM, Don Fisher, addressed the Board to advise there was nothing preventing Mr. Hauser from applying for a permit after the BOA granted the five-year placement of the mobile homes. 

     Commissioner Morris commented that there is also nothing preventing the code review of the violations on the property.  He said Mr. Hauser has chosen not to go through the permitting process and County staff has chosen, on their own, not to pursue this.  He added that is what concerns him. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Morris, seconded by Commissioner Carey to deny the Appeal, thereby, upholding the Board of Adjustment’s decision to grant a Special Exception for the continued placement of a mobile home for five years at 2295 Canal Street, as described in the proof of publication, Ed Hauser. 

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


APPEAL AGAINST BOA,

KIMBERLEE ANN PAY BAKER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a Special Exception for the permanent placement of a mobile home located at 2281 Richmond Avenue, Kimberlee Ann Pay Baker, received and filed. 

     Planner, Kathy Fall, presented the appeal, advising the BOA denied the request for the permanent placement of a mobile home based on the finding that the trend of development in the area did not support the placement of a mobile home.  She further advised that since 1984 the property has been granted three renewals for the placement of a mobile home.  That mobile home was destroyed by a tornado in 1998.  In 1999, the applicant constructed a conventional single family home on the site.  The applicant is requesting the permanent placement of a 2006 mobile home. 

     Kimberlee Ann Pay Baker, appellant, addressed the Board to advise she is requesting the permanent placement of a 2006 mobile home so that her elderly disabled parents can live near her.  She gave a history of this property which she purchased in 1983.  She said the septic tank system can handle a 3,300 square foot home and the mobile home she is getting is 960 square feet.  She also said that there are other mobile homes in the area. 

     Upon inquiry by Commissioner Morris, Ms. Fall explained staff is opposed to the permanent placement because the other mobile homes in the area are temporarily permitted and the BOA did not feel the final build out of the area would be for mobile homes.  She added the property is close to the airport and the HIP area. 

     Ms. Baker advised the mobile home has a single roof and siding and it will not be seen from the road.  She added that none of her neighbors are opposed to it. 

     Jim Michaels, Ms. Baker’s father, addressed the Board to explain the reason they are asking for the permanent permit is because it is a large investment and he does not want his daughter to be stuck with it after he and his wife die. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to grant the appeal, thereby, overturning the Board of Adjustment’s decision to deny a Special Exception for the permanent placement of a mobile home located at 2281 Richmond Avenue, as described in the proof of publication, Kimberlee Ann Pay Baker; and grant a permanent placement of the mobile home. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to amend the main motion and approve a Special Exception for a ten-year placement of a mobile home. 

     The amendment to the main motion was voted upon and failed with Commissioners Dallari and Morris voting AYE; and Commissioners Van Der Weide, Henley and Carey voting
NAY. 

     The main motion was then voted upon and carried by a majority vote, with Commissioners Dallari, Van Der Weide, Henley and Carey voting AYE; and Commissioner Morris voting NAY. 

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     The Chairman recessed the meeting at 3:20 p.m., reconvening it at 3:30 p.m., this same date. 


APPEAL AGAINST BOA,

CHRISTINE MENZEL

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a fence height variance from 6 feet to 8 feet for an existing fence in the R-1AA (Single Family Dwelling District) for property located at 3538 Shirley Drive, Christine Menzel, received and filed. 

     Planner, Ian Sikonia, addressed the Board to present the request, advising the BOA denied the request based on a determination that an 8-foot fence would not be in keeping with the character of the neighborhood and that it was a self-imposed hardship since the applicant constructed the fence without obtaining a building permit.  He further advised the staff recommends denial of the appeal because it does not meet the six criteria for it to be considered a hardship. 

     The Chairman called for the appellant and anyone who wished to speak at this time.  Hearing none, he closed the public input. 

     District Commissioner Van Der Weide briefly discussed the appeal. 

     It was determined that the appellant was in attendance at this time. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to reopen the public hearing and input at this time. 

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

     Christine Menzel, appellant, addressed the Board to state none of her neighbors have any objections to the 8-foot fence. 

     District Commissioner Van Der Weide stated one thing that stands out to him is that the bad side of the fence is facing out and it should be facing in. 

     Ms. Menzel stated she would have no problem turning the fence around. 

     District Commissioner Van Der Weide requested Ms. Menzel obtain written permission from her neighbors stating they do not have any problems with the height of the fence.  He also suggested that the neighbor’s broken fence be taken down.  He said he would recommend continuing this so that Ms. Menzel can get this permission in writing. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Morris, seconded by Commissioner Carey to continue until May 23, 2006, an Appeal against the Board of Adjustment’s decision to deny a fence height variance from 6 feet to 8 feet for an existing fence in the R-1AA (Single Family Dwelling District) for property located at 3538 Shirley Drive, as described in the proof of publication, Christine Menzel. 

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

CONSIDERATION OF THE LAKE AMORY

AQUATIC WEED CONTROL MSBU

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an ordinance creating the Lake Amory Aquatic Weed Control Municipal Services Benefit Unit for the propose of providing aquatic weed control to the lake within the unit, received and filed. 

     Kathy Moore, Fiscal Services, addressed the Board to present the request, advising if approved, the aquatic weed control improvements will be provided and monitored through contracted services provided by a lake management agency.  The estimated assessment amount for the first year is $288 per parcel.  It is anticipated that assessment amount will vary annually according to lake conditions and treatment recommendations.  Annual assessments will not exceed $300 per year without community support documented in advance through the standard petition process. 

     Philip Lee, 411 Lake Boulevard, addressed the Board to speak in support, stating the residents have tried to clean up the lake themselves and now are requesting the County’s help. 

     Chairman Henley stated he would like to see the County clean up the lake and then have the MSBU take care of the maintenance. 

     Commissioner Carey stated part of the issue is that there is stormwater going into the lake from the City of Sanford. 

     Public Works Director, Gary Johnson, addressed the Board to advise he estimates it will cost $60,000 to $80,000 to remove the vegetation and sediment. 

     Commissioner Carey reminded the Board that last year during the Budget, they talked about doing a pilot program for a number of the County’s lakes. 

     No one else spoke in support or in opposition. 

     Speaker Request Forms were received and filed. 

     Motion by Commissioner Carey, seconded by Commissioner Morris to adopt Ordinance #2006-27, as shown on page _______, creating the Lake Amory Aquatic Weed Control Municipal Services Benefit Unit for the propose of providing functional maintenance aquatic weed control to the lake within the unit, as described in the proof of publication; and to consider budgeting $80,000 next year for the clean-up of the lake. 

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

CONSIDERATION OF TWIN PINES

WATER & WASTWATER IMPROVEMENT MSBU

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider an ordinance creating the Twin Pines Water & Wastewater Municipal Services Benefit Unit for the purpose of providing water service for drinking and household purposes and wastewater transfer within the unit, received and filed. 

     Kathy Moore, Fiscal Services, presented the request, advising the petition for improvement demonstrated an 81.2% support relative to the 11 properties. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt Ordinance #2006-28, as shown on page _______, creating the Twin Pines Water & Wastewater Municipal Services Benefit Unit for the purpose 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. 

MID-YEAR BUDGET AMENDMENT FY 05/06

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider Budget Amendment Resolution for Mid-Year Fiscal Year 2005/2006, received and filed. 

     Director of Fiscal Services, Lisa Spriggs, addressed the Board to present the proposed budget amendment, advising the total adjusted budget is $1,020,432,806.  Copy of Mid-Year Budget Amendment Booklet was received and filed. 

     Commissioner Morris commented that the budget is not over one billon dollars.  He recommended that new County Manager Coto review all the appropriations and reprioritize with the proper explanation. 

     Upon inquiry by Commissioner Dallari, Ms. Coto requested 30 days in order to complete the review. 

     Chairman Henley stated that it is the Board’s direction that they are authorizing the Chairman to execute the Budget Amendment Resolution bringing the money in and withholding all appropriations other than what the Board has specified action on. 

     Ms. Spriggs stated that this action by the Board would not change the content of the resolution. 

     Harry Jaeger, 1215 Baypoint Court, addressed the Board to advise he lives in North Ridge Subdivision, which is behind Woodlands Elementary School.  He said he addressed the Board during the Budget Work Session about their drainage problem with the lake and sinkhole; and had asked for the County’s assistance. 

     Public Works Director, Gary Johnson, advised the County has met with Henry Dean and the St. Johns River Water Management District and the District has responded positively.  He further advised the District is willing to go with a more substantial solution than what was first discussed.  He added that the challenge will be to put together the model and permitting. 

     The Board, by unanimous consensus, directed staff to pursue the solution to the drainage problem in North Ridge Subdivision by determining the cost of same prior to the next budget review. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Ms. Spriggs asked for clarification and the Chairman advised the Board is holding all appropriations across all funds. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-115, as shown on page _______, adopting the Mid-Year Budget Amendment for Fiscal Year 2005/2006, as described in the proof of publication, subject to putting a hold on all appropriations across all funds so that the County Manager can review them within 30 days and make a recommendation. 

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

LEGISLATIVE UPDATE

     DCM, Sally Sherman, addressed the Board to give a brief legislative update, advising the session ended on May 5 and the County’s lobbyist, Bobby Brantley, will be at the next BCC meeting to give an overview of the session.  She gave the following highlights:  (1) Car Rental Surcharge Bill passed and is awaiting Gov. Bush’s signature; (2) Sexual Predator Bill passed; (3) County Preemption Bill failed; (4) UCF Medical School was approved; (5) Eminent Domain Bill passed; (6) Deferred Compensation Bill failed; (7) Local Cable Franchise Bill failed; (8) Outdoor Advertising Bill passed; and (9) Proposed increase in homestead exemption failed.  She reminded the Board that the County will be visiting their Federal Delegation on May 16 & 17 in Washington D.C. 

PUBLIC COMMENT

     Stan Bessemer, Fern Park resident, addressed the Board to speak in opposition to the proposed Fly-Over at Hwy. 17-92 and SR 436, stating it will be a detriment to the Fern Park area. 

CHAIRMAN’S REPORT

     Chairman Henley advised of a letter (not received & filed) from Winter Springs Mayor John Bush stating the City is not able to pay the additional amount of money to move the trail. 

     County Engineer, Jerry McCollum, addressed the Board to briefly discuss the letter, clarifying that the trail does not cross the railroad. 

     The Board’s consensus was to defer this at this time and if Winter Springs wants to connect down the road, they can. 

     Chairman Henley stated he will get with Mr. McCollum and draft a letter to be sent to the City. 

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     The Chairman commented that there were a number of resolutions presented under Awards & Presentations today; and advised he has met with Ms. Coto and a new procedure will be coming out on same. 

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     Chairman Henley stated he has received some complaints about the “citizen’s comments” being put at the end of the agenda.  Therefore, he would like to move that up to right before the consent agenda.  He said with the Board’s permission, he will develop a request card for citizens who wish to speak to fill out. 

     Commissioner Morris objected, stating this will be opening the consent agenda up to a public hearing process.  He said he feels this is a big mistake when there is no demand for it.  He added that he has never received any complaints about this. 

     Commissioner Van Der Weide stated he is in favor of backing the Chairman, but he can see Commissioner Morris’ point.  He added that he does not want to turn this into a public hearing. 

     Commissioner Carey pointed out that there is public input during their public hearings. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated 4/11/06 to BCC from Matt Dorsten, Planner-City of Casselberry, re: Notification of proposed amendment to the official zoning map classification.  (cc:  Co. Manager, Deputy Co. Managers, Planning & Development Director, Development Review Manager, Support Services)

 

 2.  Letter dated 4/11/06 to Chairman from Bruce Williams, Finance & Accounting Director-Fla. Department of Revenue, re: Distribution percentages for distributing the local option gas tax.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Fiscal Services Director)

 

 3.  Notice of Longwood Board of Adjustment Public Hearing on April 26, 2006.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Development Review Manager)

 

 4.  Letter dated 4/14/06 to Chairman from Keith Glatz, Entity Awards Program Chair-Fla. Association of Public Purchasing Officers, Inc., re: Receipt of Excellence in Public Procurement & Best Practices Award.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)

 

 5.  Letter dated 3/16/06 to BCC from Frank Clarke, Regional Sales Manager-Clarke Mosquito Control, re: Continuing support of the Fla. Association of Counties. 

 

 6.  Letter dated 4/12/06 to Chairman from John Litton, City Manager-City of Lake Mary, re: Support of the mosquito control program.  (cc:  BCC, Public Works Director)

 

 7.  Copy of a letter dated 4/14/06 to Ray Valdes, Seminole County Tax Collector (with attached correspondence), from Don Fisher, Acting Co. Manager, re: Representation at the National Association of Counties Annual Conference in Chicago. 

 

 8.  Memorandum dated 4/13/06 to BCC (with attachment) from Jennifer Bero, Grants Coordinator, re: Notification of award for Hurricane Recovery Urban and Community Forestry grant. 

 

 9.  Copy of a letter dated 4/13/06 to Ray Eubanks, Community Program Administrator-Dept. of Community Affairs, from Linda Burnette, Office of Communications & Governmental Affairs Director-St. Johns River Water Management District, re: Receipt of Seminole Co. proposed comprehensive plan amendment.

 

10.  Letter dated 4/18/06 to Chairman (with attachments) from Valerie Hubbard, Director Division of Community Planning-Department of Community Affairs, re: Models goals, objectives and policies for the Wekiva Parkway and Protection Act.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning Manager)

 

11.  Letter dated 4/14/06 to BCC from Diane Pickett Culpepper, Bright House, re: New Digital Phone Service. 

 

12.  Letter dated 4/11/06 to Chairman from Dede Schaffner, Seminole County Public School Board Member, re: continued funding for the Midway Safe Harbor.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Community Services Director)

 

13.  Copy of letter dated 4/18/06 to Mayor Tom Walters, City of Oviedo (with original correspondence attached), from Commissioner Randy Morris re: Request to discuss subdivision plat approval at a Joint City/County Advisory Committee

 

14.  Letter dated 4/11/06 to Commissioner Dallari from Council Dominic Persampier, Chairman-Oviedo City Council, re: Request for joint meeting regarding Seminole County subdivision approvals.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

15.  Letter dated 3/16/06 to BCC (with attached report) from Dana Loncar, Director, Government Relations-Orlando Regional Healthcare, re: 2005 Careholder’s Report.

 

16.  Letter dated 4/18/06 to GFWC, Lake Mary Woman’s Club, from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

17.  Contract for services, as show on page _______, between Seminole County Government and the following:  Emily Haylock (umpire/referee tennis tournaments), Matthew Steverson (umpire/referee tennis tournaments), Deborah G. Coreil (umpire/referee tennis tournaments), Timothy Lynch (umpire/referee tennis tournaments), Michael Custer (umpire/referee tennis tournaments), Brandon Pike (umpire/referee tennis tournaments), Clint Ekelund (umpire/referee tennis tournaments), John Gegenheimer (umpire/referee tennis tournaments).

 

18.  Letter dated 3/19/06 to Chief Elected Official from Valerie Hubbard, Director, Division of Community Planning-Department of Community Affairs, re: Notification of legislative changes that may affect adoption of Comprehensive Plan Amendments.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning Manager)

 

19.  Copy of letter dated 4/28/06 to Ray Valdes, Tax Collector, from Cathy Collins, Budget Supervisor-Fla. Department of Revenue, re: Instructions and schedules for developing FY 06/07.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

20.  Notice of comprehensive plan changes public hearing for Lake Mary on 5/4/06.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

21.  Letter dated 4/28/06 to BCC from Diane Pickett Culpepper, Bright House, re: Changes to Channel lineup.

 

22.  Memorandum dated 4/21/06 to Sandy McCann, Supervisor-County Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co Records.

 

23.  Memorandum dated 4/14/06 to Sandy McCann, Supervisor-County Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

24.  Memorandum dated 4/28/06 to Sandy McCann, Supervisor-County Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services re: Submission into Co. Records.

 

25.  Letter dated 4/24/06 to BCC from John Bistline, Member-Seminole County Historical Commission asking for support for the proposed new Museum in Seminole County.

 

26.  Copy of letter dated 4/24/06 to Russ Gibson, Director of Planning & Development-City of Sanford (with attachments), from April Boswell, Assistant Planning Manager, re: Concerns regarding proposed rezone on North White Cedar Road.

 

27.  Copy of letter dated 4/24/06 to Russ Gibson, Director of Planning & Development-City of Sanford (with attachments), from April Boswell, Assistant Planning Manager, re: Concerns of creating an enclave by annexation.

 

28.  Memorandum dated 4/24/06 to BCC from Frank Raymond, Fleet Manager, re: Donation of vehicles to Pass Christian Recovery Program.

 

29.  Memorandum dated 4/25/06 to BCC and Acting Co. Manager (with attachments) from Antoine Khoury, Principal Engineer, and Mark Flomerfelt, Principal Engineer, re: Subdivision retrofit priorities and cost estimates for FY 05/06.

 

30.  Remedial Investigation/Feasibility Study Update re: Sprague Electric Company Superfund Site.  (cc:  Co. Manager, Deputy Co. Managers, Environmental Services Director, Co. Attorney)

 

31.  Copy of letter dated 4/21/06 to Ray Valdes, Seminole Co. Tax Collector, from Chairman designating him as Seminole County’s Voting Delegate at the National Association of Counties Annual Conference in August, 2006.

 

32.  Notice of Public Hearing for City of Lake Mary for rezoning on May 18, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning & Development Director, Development Review Manager)

 

33.  Letter dated 4/25/06 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Annexation public hearing on May 8, 2006.  (cc:  Co. Manager, Deputy Co. Managers, Co. Attorney, Planning & Development Director, Property Appraiser, Supervisor of Elections)

 

34.  Copy of letters from Ken Roberts, Director-Public Safety, re: Appreciation for recent donation to the following:  Cornelius Sampson, Elaine Lee, T.I.L. Helping Hands, Brian Kaladosis, and Karen Passion.

 

35.  Letter dated 5/2/06 to Chairman from Mayor John Bush-City of Winter Springs, re: Request to cease going forward with the temporary Cross Seminole Trail.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Engineer)

 

36.  Copy of letter dated 5/4/06 to Governor Jeb Bush from Chairman re: Support for the $2 Car Rental Surcharge.

 

37.  Memorandum dated 5/5/06 to BCC from Ed Hauser, 2295 Canal Street, Oviedo re: Agenda Item #47 – permanent special exception status.

 

38.  Copy of letter dated 5/3/06 to Governor Jeb Bush (with attachment) from Chairman re: Outdoor Advertising Signs. 

 

39.  Copy of letter to Suzan Bunn, Tourism Development Director (with attachment), from Trudy Wild, Director Grants and Contracts, United Arts of Central Florida, re: Quarterly report 1/1/06 to 3/31/06.

 

40.  Copy of letter dated 4/26/06 to Gloria Wade (with attached memorandum from Mike Wittmer, Animal Services Manager, from Donald S. Fisher, Acting Co. Manager, re: Response to the Trap-Neuter-Release Program for feral cats in Seminole County.

 

41.  Letter dated 4/28/06 to BCC (with attachment) from Ann Brown Payner, President-The Alliance, re: 1st quarter progress report.

 

42.  Copy of letter dated 5/1/06 to Charlene Greene (with attached application) from Gretchen Venn, Executive Assistant-BCC, re: Receipt of Volunteer form.

 

43.  Copy of letter dated 5/5/06 to King Halikman (with attached application) from Gretchen Venn, Executive Assistant–BCC, re: Receipt of Volunteer form.

 

44.  Copy of letter dated 5/2/06 to Laura Fairman from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donation.

 

45.  Copy of letter dated 5/2/06 to Anne Whitaker from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

46.  Contract for services, as shown on page _______, between Seminole County Government and the following:  Alice Reen (umpire/referee tennis tournaments), Patricia Powhida (Scorekeeper), and William Church (field supervisor)

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey announced the National River Clean-up Week with the Seminole Soil & Water Conservation District is scheduled for May 13, 2006 at the RiverWalk in Sanford. 

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     Commissioner Carey also announced that she has a list of items needed to complete the Children’s Village and anyone interested in donating should contact her office. 

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     Commissioner Dallari requested the County Manager give the Board an update on the Hurricane Relief and the Community Land Trust Affordable Housing funds. 

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     Commissioner Morris advised he will be doing a follow-up letter with regard to the Dyson Road/Trail issues. 

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     Commissioner Morris complimented Community Resource Officer, Steve Olson, for his fast start and good work. 

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     Commissioner Morris advised he will be resigning as of today from the Florida Association of Counties (FAC) District 9; and requested that Commissioner Carey serve as his replacement. 

     The Board voiced no objections; and the Chairman advised he will send a letter to FAC with regard to same. 

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     Commissioner Morris expressed his compliments to the County staff and President Ann McGee of SCC for making adjustments to the college’s master plan.  He said the area residents are very grateful for these changes. 

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     Commissioner Van Der Weide presented a Certificate of Appreciation to the Board from Cecilia Height of the Sierra Club for supporting the rural area charter amendment. 

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     Commissioner Van Der Weide advised there is still a contract (and back-up contract) on the Sabal Point Golf Course. 

     Commissioner Morris stated the Winter Springs Golf Course is also under contract again.

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     There being no further business to come before the Board, the meeting was adjourned at 4:50 p.m., this same date. 

 

 

 

ATTEST:_____________________Clerk_____________________Chairman

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