BOARD COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

JUNE 10, 2003

 

 

 

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, June 10, 2003 in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

The Invocation was given by Pastor Guy Walden, First Baptist Church of Sanlando Springs, Altamonte Springs.

Commissioner Dick Van Der Weide led the Pledge of Allegiance.

Awards and Presentations

 

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2003-R-103, as shown on page ______, commending Clara Chambers, Team Leader, Meter Reader Section, Environmental Services Department, for her eighteen years of service to Seminole County, upon retirement.

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

     Commissioner Van Der Weide presented the Resolution to Ms. Chambers.

-------


Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2003-R-102, as shown on page _______, commending Betty Jean Power, Assistant Coordinator, Water/Wastewater Section, Environmental Services Department, for her twenty-three plus years of service to Seminole County, upon retirement.

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

     Commissioner Henley presented the Resolution to Ms. Power.

-------

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt appropriate Resolution #2003-R-101, as shown on page _______, commending Mary Mantzaris, Senior Coordinator, County Manager’s Office, for her twenty-five plus years of service to Seminole County, upon retirement.

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

 

     Chairman McLain presented the Resolution to Ms. Mantzaris along with Commissioners Maloy, Morris, Van Der Weide and Henley; and Mr. Grace and Mr. McMillan.  Mr. Grace presented Ms. Mantzaris with a dozen roses.

     Ms. Mantzaris expressed thanks for the Board’s recognition and said it is with mixed emotion and excitement that she is retiring.  She wished the Board future success in keeping Seminole County the best place to live and work.  She also expressed well wishes for a speedy recovery and love to DCM Sally Sherman, who was at home recuperating from surgery.

     All Commissioners and Mr. Grace expressed personal comments of appreciation to Ms. Mantzaris for her loyalty and professionalism in the work place and wished her a long and happy retirement.

     Ms. Mantzaris introduced her son and daughter to the Board.

-------

     At the request of Sheriff Don Eslinger, Chairman McLain went next to Item #35 on the agenda.

REGULAR AGENDA

     Planning and Development Director Don Fisher addressed the Board to state it appears the pilot project with the Sheriff’s Office for code enforcement was a success.  He reported that responsiveness has increased and much of the paperwork has not been necessary.  Corrections are being made much sooner than in the past, and more community meetings have been attended.  The Sheriff and County Manager feel it is time to make this a permanent assignment.  He said staff is recommending the Board enter into the proposed interlocal agreement with the Sheriff.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the Interlocal Agreement, as shown on page _______, between the Seminole County Sheriff’s Office and Seminole County, assigning duties, responsibilities, and personnel for Code Enforcement to the Seminole Sheriff’s Office; and authorize Chairman to execute the document.

     Under discussion, Commissioner Henley stated they all know the citizens are still going to hold the County responsible for enforcement since the Commissioners get most of the calls now.  In order for the Board to be able to maintain accountability and also some degree of control over that, he would like to insist that the budget be kept separate and not co-mingled, and presented to the Board as a separate issue rather than just being a part of the Sheriff’s budget, so the Board can more clearly identify what they are putting into code enforcement and that they have some accountability over it.

     Commissioner Morris said he thinks that would be a good friendly amendment, and he added that it would be good in the next budget year that the Board receive a report on the progress of how this has gone. 

Whereupon, Commissioner Van Der Weide stated he had no objections to the amendment.  He said he is looking forward to referring any inquiries from the citizens in his district to the Sheriff’s Office.

Sheriff Eslinger addressed the Board to state he is glad to have this opportunity to relieve this responsibility from the Board.

Commissioner Morris thanked the Sheriff and Mr. Grace for being willing to take this matter up.

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

COUNTY MANAGER’S REPORT

 

Consent Agenda

 

     Chairman McLain advised of a correction to Item #13 documentation (copy of Revision page received and filed) to read an estimated annual amount of $50,000 and not $30,000.

     Commissioner Maloy referred to Item #9 regarding major road projects and questioned if the Board would hear discussion on Lake Emma Road design and funding before they take action. 

     Pam Hastings, Public Works, addressed the Board to advise the Board will receive an update.  There will be a community meeting and staff needs the consultant to participate in that meeting.  She will bring this back to the Board for the appropriate designation in next year’s budget for construction budget adjustment if the Board chooses to direct that.

     Commissioner Morris stated this was a very difficult issue.  At the community meeting, some 400 people attended and had a spirited discussion.  Subsequently, there were meetings with the cities and homeowners associations along E. E. Williamson Road and City of Longwood with the citizens.  He said the issue dealt with traffic issues on Lake Emma and Rangeline Roads and brought all kinds of ideas.  It is an issue that is so complex, and the solution at the time was to not attract more traffic into the area but build a road and widen it in the area where critical.  The Board decided to go into two stages and that seemed to take care of the two issues.  The plan was to do two phases and then see what the traffic counts would be, and apparently the counts now justify widening the road.  Commissioner Morris said it greatly concerns him that they are seeing articles in the newspaper by County staff who are stating positions, that they may be intending to present in proper fashion to the Board but have not been made, when this Board has never discussed the issue.  This has happened across the board.  It goes under professional management of the information being put out to the press and the public at large.  He said he still has not seen the proof in any fashion that they should change what was agreed to with the citizens, and if they do, they had better be out in the community with a similar meeting as before with the citizens.

     Commissioner Van Der Weide stated there is a big issue with whatever they do with Lake Emma Road.  He has some major concern with what would take place on Longwood Hills Road.  Whatever they do with Lake Emma would trickle a real need for Longwood Hills Road and E. E. Williamson Road.  He agreed with Commissioner Morris and said he thinks the Commission should be consulted before they get into this position and they start receiving phone calls at home about these issues.

     Commissioner Henley stated in listening to some of the conversations, he questions whether they need to widen the entire road or not.  If that is true, why is the County acquiring all that property?  He would like to know how many pieces of right-of-way does the County have and the question is should they be getting it at all if the Board is not going to widen it.

     Commissioner Morris said they believe widening is necessary for the road at the north end of Lake Emma.  The question is at what point do they widen it.  The Board had delayed the widening because of the traffic counts.  The issue of acquiring right-of-way once the design was done was to save money.  They know the road will be widened one day.  In Phase 2, the southern portion may not be widened until 2010, but the right-of-way is still going to be needed. 

     Commissioner Van Der Weide said there is a big difference in the two ends of the road.  One end needs to be widened, but he asked what might be done in reference to the residential (south end). 

     Commissioner Henley said he would like to know the plans on a start date.

     Chairman McLain said with the concerns of the Board, maybe staff is premature in moving forward with the road until the Board has a briefing and staff receives their input. 

     Commissioner Henley suggested staff take a new look at the engineering because they run into all kinds of problems because of using plans that were previously made years before. 

     Chairman McLain entered discussion with Mr. Grace about pulling a portion of this item and have staff bring it back later.

     Mr. Grace said he is confident they are going to need the right-of-way at some point and it is never going to be cheaper than it is today.  He thinks the Board needs the right-of-way and needs the budget change.

     County Attorney Robert McMillan stated he understands there is going to be redesign of the road.  That is going to be looked at and meetings will occur and other parties will look at the road to design it.  He said 60% of the parcels have already been acquired.  Staff was to file on the remaining parcels in February and they were held up on because of the issue of looking at the design again.  Until that time, staff is not filing on any new parcels. 

     Mr. Grace said staff would bring this discussion back in a briefing setting.  Commissioner Morris said when the Commissioners are individually briefed, they need to understand the intersection improvements of Lake Emma, Longwood Hills, and Rangeline Roads.  He noted that many of the homeowner associations Commissioner Henley is dealing with are not taking the same position that the other homeowners did.

     Chairman McLain said he attended the community meeting held before and they did have the involvement of quite a few people.  He thinks the Board needs to move cautiously and respect the position the Board took at that time.

     Commissioner Morris suggested that staff also communicate with the Cities of Lake Mary and Longwood.

     Commissioner Henley thanked Ms. Hastings for her effort to provide the fund balances information he requested previously.  He said hopefully in the future, that will be included so the Board will not have to ask for it.

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

Administrative Services

Risk Management

 4.  Adopt appropriate Resolution #2003-R-104, as shown on page _______, amending Administrative Code 45.4, Risk Management Settlement Procedures.

Support Services

 5.  Approve and authorize Chairman to execute the Second Renewal and First Amendment, as shown on page _______, to Wilshire Plaza, Phase II Lease.

 

Community Services

Community Assistance

 6.  Approve and authorize Chairman to execute six 2003/2004 Byrne Grant applications and associated documents, as shown on page _______, for:  Elder Services Unit III; Computer Crime Investigation III; County Career Criminal Initiative II; Child Abuse Victim Assistance Tracking System IV; Electronic Monitoring I; and Car Cameras Convict Criminals in Altamonte Springs I.

 

Fiscal Services

Budget

 7.  BCR #03-58 – $880,000 – Public Works – Stormwater – Fund: 13000 – Stormwater Fund.  An accounting transfer is requested to consolidate funding for the Elder Creek Stormwater project into a single Capital Improvement Project.

 8.  BCR #03-59 – $90,000 – Public Works – Traffic Engineering – Fund: 11500 – 1991 Sales Tax Fund.  The City of Casselberry has requested the design and reconstruction of the traffic signal at SR 436 and Wilshire Boulevard.  The City will reimburse the County once the work is completed.  Request a transfer from 1991 Sales Tax reserves.

 9.  BCR #03-60 – $20,431,000 – Public Works – Engineering – Funds: 11500-Infrastructure Tax/12601-Arterial Road Project/12602-North Collector Fees/12603-West Collector Impact Fees/12604-East Collection Fees/12605-South Central Impact Fees/10101-Transporation Trust fund.   This transfer realigns funding among various projects within the budgeted FY 02/03 Major Roads Projects Capital Improvement Program.  These adjustments are the result of updated cost and phasing estimates developed in conjunction with closeout of FY 01/02 and preparation for the new FY 03/04 two-year budget cycles.  This transfer does not draw on any Reserve accounts and therefore there is no increase to the overall Major Road Projects Capital Improvements program.

Purchasing

10.  Approve Second (Final) Renewal for PS-590-01/BJC – Continuing Contracts for Engineering Services for Minor Roadway and MSBU Design Projects (construction costs less than $500,000.00), with Inwood Consulting Engineers, Inc., Oviedo; Metric Engineering, Winter Park; Professional Engineering Consultants, Inc. (PEC), Orlando and TEI Engineers & Planners, Lake Mary (Not-to-Exceed $1,000,000.00 per year) (Aug 30, 2003 through Aug 29, 2004).

11.  Approve Amendment #1, as shown on page _______, for PS-586-01/BJC – Solid Waste Management Engineering Services, with SCS Engineers, Tampa.

12.  Award RFP-4183-03/JVP, Term Contract for County-Wide Document Scanning of Paper Files, to Jiffy Reprographics of Clearwater (Primary Vendor), as shown on page _______; and DRS Group of Lake Mary (Secondary Vendor), as shown on page _______; ($266,672.00 per year for both Contracts). 

13.  Award RFP-4184-03/JVP, Term Contract for Electronics Collection and Recycling Agreement, to Creative Recycling Systems, Inc., Tampa, as shown on page _______; (Not-to-Exceed $150,000.00 for 3 year period). 

14.  Approve the mutual termination of RFP-4113-A-01/BJC, Midway Community Center Non-Residential Lease and Agreement for Management and Operation with Eagles Landing Enterprise, Inc., Sanford (Lease of the building for $1.00 per year); as shown on page _______.

15.  Approve Amendment #3, as shown on page _______, to M-56-98/BJC – Utility Relocation for SR 434, Phase II with Rockett & Associates, Orlando ($139,020.89).

 

Planning & Development

Community Resources

16.  Approve and authorize Chairman to execute (3) Satisfactions of Second Mortgages, as shown on page _______, for households assisted under the SHIP Program’s Home Ownership Assistance Program for the following:  Tammy J. Neighbor and Shawnna M. Burch; Roberta F. Bloom; and Jenny Mariquit.

17.  Approve and authorize Chairman to execute Satisfaction of SHIP Rehabilitation Mortgage and SHIP Deferred Payment Promissory Note, as shown on page _______, for a household assisted with emergency repair under the Seminole County Emergency Repair Housing Program Grant Agreement.

18.  Adopt appropriate Resolution #2003-R-105, as shown on page _______, renaming a segment of State Road 436 between I-4 and U.S. Highway 17-92 to East Altamonte Drive. 

Development Review 

19.  Approve Plat for Token Farms Subdivision; located at southern terminus of Mikler Road, approximately ˝ mile south of Red Bug Lake Road (Joyce and Keith Schoening). 

20.  Adopt appropriate Resolution #2003-R-106, as shown on page _______, to vacate and abandon a 24’ x 378.62’ north/south cross access easement located at 2025 Semoran Blvd., (John D. Ruffier, Esq. on behalf of Geneva School).

21.  Approve Final Plat of Lake Forest Section 17, located on the north side of SR 46, west side of S. Oregon St. and south of Orange Blvd. (Orlando Lake Forest Joint Venture, Richard D. Bavec, Sr. Vice-President). 

 

Public Safety

Medical Quality Assurance & Education

22.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity Renewals for all first response agencies in Seminole County EMS System, Florida Hospital and Rural Metro Ambulance; and New Non-Exclusive Ambulance Franchise Agreements, as shown on page _______, for Central Florida Ambulance Service Inc., d/b/a/ American Ambulance and Orlando Regional Healthcare System.

 

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

 

County Attorney’s Report
 
Consent Agenda

 

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

Litigation

23.  Authorization to settle appellate matter, Seminole County v. Radosevich, et al., by stipulated dismissal of supplemental attorney’s fee appeal previously authorized for appeal by the Board.  Total sum of settlement is $7,000.00.

Property Acquisition

24.  Approve and execute Purchase Agreement, as shown on page _______, for Rastegar Property relating to Parcel Numbers 125/725/825 of the Lake Emma road improvement project, located on the southwest corner of Lake Emma Road and Technology Park, in the amount of $75,000.00 inclusive of all fees, costs and expenses.

 

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

 

Constitutional Officers’ Consent Agenda

 

CLERK’S REPORT

 

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

25.  Expenditure Approval Lists, as shown on page _______, dated May 20 & 27, 2003; and Payroll Approval List, as shown on page _______, dated May 22, 2003.

 

26.  Chairman to execute Satisfaction of Judgment/Court Costs for Curtis William Stone, #97-1370-CFB - $233.66.

 

27.  Chairman to execute Satisfactions of Judgment/Bail Bond Liens for the following:

 

     William Kinard Fields and Aegis Security, #02-10208-MMA - $538

     Joshua Lee Johnson and Capitol Preferred Insurance, #03-491-MMA - $201

     Deena Lynn Early and Accredited Surety & Casualty, #02-112028-MMA - $538

     James Fields and Accredited Surety & Casualty, #02004763CFA - $2,038

     Hector Raul DeJesus and Ranger Insurance Co., #02004682CFA - $3,038

 

28.  Approval of Official Minutes dated May 13, 2003.

 

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

 

-------

 

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

 1.  Change Order #4, as shown on page _______, to FC-1159-01, Bergeron Land Development.

 

 2. Work Order #43, as shown on page _______, to PS-590-01, Professional Engineering Consultants, Inc.

 

 3. Work Order #2, as shown on page _______, to PS-596-01, Professional Engineering Consultants, Inc.

 

 4. Warranty Deed and Title Insurance, as shown on page _______, regarding the Overstreet Purchase and Sale Agreement.

 

 5. SHIP Program Subrecipient Agreement, as shown on page _______, with Threshold, Inc., as approved by the BCC on September 10, 2002.

 

 6. Pipe Replacement Agreement M-373-03, as shown on page _______, with Petroleum Equipment Construction, Inc.

 

 7. Copy of letter to the Board of Adjustment from Attorney Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A., regarding Application for Special Exception, Cornerstone Church of Orlando.

 

 8. Copy of Memorandum to Karen Consalo, Assistant County Attorney, from Debra Edge, Legal Assistant, regarding Fee simple transfer by County to City of Maitland, Kewannee Trail (Indian Hills lift station property).

 

 9. Conditional Utility Agreement, as shown on page _______, for water service with James M. and James A. Hattaway.

 

10. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Orlando Lake Forest Joint Venture.

 

11. Purchase Agreement, as shown on page _______, for Water Meter Boxes and Covers, IFB-3056-02, with National Waterworks, Inc.

 

12. Truck Mounted Cranes Purchase Agreement, RFP-4180-03, as shown on page _______, with Hydraulic Machinery, Inc.

13. Ferric Chloride Purchase Agreement, IFB-3068-03, as shown on page _______, with Kemiron Companies, Inc.

 

14. First Amendment, as shown on page _______, to Work Order #3 for PS-5116-02, Keith & Schnars, P.A.

 

15. Tire Waste Processing Agreement, IFB-3066-03, as shown on page _______, with Affordable Tire, Inc.

 

16. First Amendment, as shown on page _______, to Work Order #1 to PS-5121-02, GMB Engineers & Planners.

 

17. First Amendments, as shown on page _______, to Work Orders #29 & #30 to PS-556-00, DCR Engineering Services, Inc.

 

18. Second Amendment, as shown on page _______, to Work Order #31 to PS-556-00, DCR Engineering Services, Inc.

 

19. Work Order #2, as shown on page _______, to PS-581-01, Brown & Caldwell.

 

20. Change Order #2, as shown on page _______, to FC-1156-01, Southland Construction, Inc.

 

21. Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2002.

 

22. Notice of Consummating Order from the Florida Public Service Commission regarding Complaint by Tampa Electric Company d/b/a Peoples Gas System.

 

23. Letters of acceptance of roads within the projects known as Sandy Lane Reserve, Winding Cove, and The Trails, Phase 1.

 

24. Bids as follows:  IFB-3071-03; CC-1209-03; RFP-4184-03; and PS-5141-03.

 

SHERIFF’S OFFICE

 

     Regarding Item #30, Commissioner Henley questioned how much funds has the County already given to The Grove Counseling Center.  Whereupon, Mr. Grace stated he would have to check that.

     Commissioner Henley stated it concerns him that The Grove seems to hit every governmental agency more than once.  He is reluctant on wanting to give them more.  He asked if, on these requests, staff would indicate the fund balance so the Board could get some idea of how the funds are running.  Chief Fleming, Sheriff’s Office, stated she would do that.

     Commissioner Henley referred to Item #31, page 12 of the COPS Homeland Security Overtime Program Grant Application, and asked what numbers should go in the blanks for FY 2003 and FY 2004.  Whereupon, Chief Fleming stated she would have to report back to him later in the meeting with those figures as she did not have that information with her.

     Returning to Item #30, Mr. Grace reported that Dave Medley, Community Services, advised the County funded The Grove $74,000 per year and that amount has been steady for the last few years.

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

30.  Authorize expenditure in the amount of $10,000 from the Law Enforcement Trust Fund to contribute to the Grove Counseling Center in support of its substance abuse programs.

32.  Approve Budget Amendment Resolution #2003-R-107, as shown on page _______, in the amount of $98,490 – Fund: 00100 – General Fund, for the Florida Department of Law Enforcement Residential Substance Abuse Treatment (RSAT) Grant for the Sheriff’s Office FY 02-03 budget.  

 

Regarding Item #31, Commissioner Morris stated this is a matching grant program and he would like to see a little more information about what is going on in the appropriations.  These are federal mandates and requirements.  The federal government has not even closely begun to honor what the public statements have been relative to the funding requirements.  He would like to get more information on what the Sheriff’s Office action has been as a first responder. 

Commissioner Henley said he thinks the heat needs to be put on the Congress to go ahead and release this money.  He thinks the Board needs to contact the Congressmen.

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

 

Chairman McLain asked Chief Fleming if she could provide the additional information for Item #31 after the Board returns from a break.

LEGISLATIVE UPDATE

Mr. Grace stated he does not have a legislative update, but staff is trying to sort Article V and what was done.  He said it’s tough to figure out how to budget for this upcoming year. 

     Commissioner Van Der Weide asked how soon will staff have a report on how what’s taken place in Tallahassee will affect Seminole County.  Mr. Grace responded probably in a week or two.  He noted that the state would be taking 30% of the Clerk’s gross revenue off the top.  Her initial comment is that it looks like her revenues will be $1.5 million to $2 million short.

     Commissioner Morris requested to know what the voting record is for the Legislative Delegation on these matters.

-------

     Chairman McLain recessed the meeting at 10:26 a.m. and reconvened at 10:40 a.m.

Sheriff’s Office, Continued

     Chief Fleming advised the Board that the total overtime budgeted for the Sheriff’s Office is $2,173,521 and out of that amount, $1,496,402 is for law enforcement.  The proposed budget for next year totals $2,459,250 for overtime.  Of that amount, $1,651,250 is for law enforcement.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize the Chairman to execute grant application and associated grant documents, as shown on page _______, for the U.S. Department of Justice, COPS Homeland Security Grant and authorization to process all associated grant documents.

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

Regular Agenda

Susan Caswell, Director of Operations, East Central Florida Regional Planning Council, addressed the Board to give a PowerPoint Presentation (copy received and filed) detailing results of the REMI (Regional Economic Models Inc.) model.

Commissioner Morris acknowledged that Sandra Glenn, Executive Director of the Regional Planning Council, was present; whereupon Chairman McLain invited her to come forward to address the Board.

     Ms. Glenn stated Ms. Caswell has worked real hard on this project and given this presentation in several places.

     Ms. Caswell stated she would discuss the model, what it is and what it does.  She explained that this tool could model the total economic impact of all kinds of events and policy issues.  It is custom-built for each region.  She reviewed the projects that have been modeled to date and discussed future projects.

     The Chairman thanked Ms. Glenn and Ms. Caswell for their presentation.

-------

     Bill McDermott, Economic Development Director, addressed the Board to request Board approval and authorization for the Chairman to execute a Jobs Growth Incentive Economic Development Agreement between Seminole County and Florida Extruders International, Inc. in the amount of $150,000.  He introduced Stephen Littles of Florida Extruders who was in attendance.

Mr. McDermott stated Florida Extruders is planning to expand and add 155 additional employees.  He said the City of Sanford has agreed and approved their portion of the JGI agreement on this project.  He recommended the Board authorize the Chairman to enter into this agreement.

Chairman McLain said last month there was a job fair in Midway and he hopes in moving this company into that neighborhood, Florida Extruders will take advantage of those applications received and try to incorporate those job applicants from that community.

Mr. McDermott said Mr. Littles is agreeable to give every consideration to the residents of Midway, and he would be delighted to participate in any other job fairs in the neighborhood.  Mr. McDermott stated from his conversation with Commissioner Henley, it appeared in the newspaper that the City of Sanford based their JGI commitment contingent upon funding of the program in next year’s City budget.  It would probably be appropriate for the Board to say they are willing to enter into this agreement contingent upon the City’s participation.

Motion by Commissioner Morris, seconded by Commissioner Henley, to approve and authorize the Chairman to execute a Jobs Growth Incentive Economic Development Agreement, as shown on page _______, between Seminole County and Florida Extruders International, Inc. in the amount of $150,000, contingent upon the City of Sanford’s full participation.

Under discussion, Commissioner Maloy stated to him it is difficult to keep approving these when flooding situations come up like the lady in Chuluota had, and they could not help because there were no funds.  He thinks it is becoming a bigger issue as the budget keeps getting tighter and tighter.  He asked how could the Board keep justifying these economic agreements when basic services are not being met.

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

     Commissioner Maloy voted NAY.

-------

     Jeff Hopper, Senior Planner, addressed the Board to present the request for approval of the Final Site Plan and Developer’s Commitment Agreement for Kirtley Center PCD in order to develop approximately 20,000 square feet of office/warehouse space in a 1.7 acre site; located 500 feet north of the intersection of CR 427 and Longwood-Lake Mary Road, west side of Longwood-Lake Mary Road (William Kirtley).

     Mr. Hopper stated the Board approved the Preliminary Master Plan on February 25, 2003, and since that time, a change was made for a total of 64 parking spaces.  Staff finds the Final Site Plan and Developer’s Commitment Agreement are consistent with the preliminary development plan and development order. 

District Commissioner Henley said he thinks moving the retention pond off site had an impact on the parking and they were able to save more trees.  He thinks this is the best they can get with the situation the way it is. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve the Final Site Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for Kirtley Center PCD in order to develop approximately 20,000 square feet of office/warehouse space in a 1.7 acre site; located 500 feet north of the intersection of CR 427 and Longwood-Lake Mary Road, west side of Longwood-Lake Mary Road, William Kirtley, based on staff findings.

     Commissioner Morris said he appreciates the good work the District Commissioner has done to save the trees.  This is a very strong development site in terms of intensity.  He asked staff to add in some language to protect those trees when construction is going on.  He suggested using the 2 X 4 system and inspecting that.

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

-------

     Director Gary Johnson, Public Works, and Frank Van Pelt, Engineering, addressed the Board to present signage for consideration of a design for the POW/MIA sign format for installation along Airport Boulevard from U.S Highway 17/92 to the Orlando Sanford Airport property boundary.  Mr. Johnson asked if the Board felt it appropriate to put the Seminole County logo on the sign.

     Under discussion, Commissioner Henley said he does not think it is necessary to put the County logo on the sign.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the traditional POW/MIA sign format for installation along Airport Boulevard from U.S Highway 17/92 to the Orlando Sanford Airport property boundary.

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

     Mr. Johnson said the Board will be notified of the time of the installation ceremony.

     Upon inquiry by Mr. Johnson, the Chairman stated he would like the signs to be placed at 17-92 and Airport Boulevard heading east and at Sanford Avenue and Airport Boulevard.

     Commissioner Morris thanked staff for the initiative in coming up with the signage alternatives.

County Manager’s Briefing

 

     Mr. Grace said he received a phone call from the Governor’s Office that the Legislature approved a portion of the 417 Greenway as the Korean War Veterans Highway.  He advised the Governor that the Board was not aware of that, but he felt sure they would not have any objections.

     Commissioner Morris said the idea of specifying individual wars is one that becomes very difficult.  He believes in the concept of honoring the military for what it does and what has occurred.  He said the key would be a wider designation.  He has trouble with select places. 

     Commissioner Van Der Weide stated he served in the military.  He thinks the veterans recognize the other veterans whatever war they served in.  He said if you name one particular conflict or war, someone is going to want a memorial for the other one.  He thinks the noble thing to do is to recognize the veterans in general.

     Chairman McLain said the Board’s position would be to see it designated as a road to all veterans. 

     Commissioner Morris said he thinks a combination would be better and suggested sending a letter to the Governor.

Mr. Grace stated this has already been approved.  This may be something they can communicate to their own Legislative Delegation.  He assumes it is the Seminole County portion of the road since the Governor took the time to call his office and see if he had a position on it.  He said he would find out who sponsored this.

Infrastructure Challenges

Gary Johnson and Mark Flomerfelt, Stormwater Manager, addressed the Board to give an overview of evolving infrastructure challenges faced by the Road Operations and Stormwater Division of the Public Works Department. 

     Mr. Johnson stated staff has a summary presentation (copy of PowerPoint presentation was received and filed) that was shared individually with the Commissioners that describes what is occurring in terms of operations in Public Works, specifically Road Operations and Stormwater.  He said the current programs are consuming the operating resources.  The system is growing and they are facing some challenges as they go into the budget cycle and rainy season. 

     Mr. Flomerfelt reviewed the following topics:  Recently Added Operational Programs; Current Programs:  Sidewalks, Landscaping, Mosquito Control 2003 Program; and NPDES Update.

     Mr. Johnson said Phase IV of the NPDES is where interesting negotiations will occur.  The County will sit with the seven cities and hopefully decide how to allocate the load reductions and allowable discharges for the entire County.  There could be implications regarding water quality facilities that might need to be constructed where they will potentially affect development in the cities and county. 

     Mr. Flomerfelt said there are a lot of opportunities to work with the cities on these projects.  He said he will bring more information as he forms that list and will brief the Board as they move forward.

     Commissioner Henley said to him this is a prime example of whether there ought to be consolidation because the County is not going to solve the problems, such as flooding, on its own and neither can the city.  Somewhere along the line there needs to be an effort initiated to consolidate this into one effort and perhaps come up with some designated funding.  He encouraged Mr. Grace to discuss this at the City Managers/Mayors meeting. 

     Commissioner Morris said he thinks that is an excellent concept and in a formal consolidation, they may set up a membership authority.  He said it doesn’t help to clean out a canal in the unincorporated County and then it run into the city where it is not cleaned out.  He thinks with the group they can get efficiency administratively and better planning.

     Commissioner Henley stated he thinks it is important to put this on the table and see what they come up with.

     Mr. Flomerfelt continued with an update on the rainfall since January 2002.  He further reviewed the following topics:  Rising Lake Levels; Capital Improvement Program; Deficiency Correction Projects; Future Development Drainage Techniques (he indicated there are currently 97 projects not funded); and Neighborhood Drainage Projects.

     Chairman McLain stated he has had some concerns about the Indian Mound Village project that some public roads are being blocked.  Mr. Flomerfelt said he was aware the road was blocked but he didn’t think the project had any impacts on that.  This used to be a public road and one part of it was vacated.  Chairman McLain asked Mr. Grace to get some information to him on the vacate of the road.

     Mr. Johnson said the current projects are not generating savings this year so they don’t have funding identified in the budget that the Board will review next month.

     Mr. Flomerfelt reviewed the Subdivision Rehabilitation information and said lacking additional funding sources, staff cannot address the additional issues.  Currently, there is no funding available.

     Commissioner Maloy asked what projects would the lack of funds be eliminating.  Mr. Grace said staff would get that list to him.

     Commissioner Maloy said he recalls discussion that the landscaping would be scaled back, but on 427 it still seems like the County is doing a lot of the shrubbery.  He also said on Tuskawilla and Seminola, there are dozens of dead plants that need to be replaced.

     Commissioner Morris said this has been a problem for years.  He stated it is clear that privatization of landscaping maintenance has been a failure.  He stated he would like to hear a better suggestion.  He said Tuskawilla Road has consistently been an issue and Lake Mary Boulevard is another one. 

Mr. Grace said maybe the staff could bring back some other ideas during the budget process.  Whereupon, Chairman McLain suggested the Board look at the County doing its own maintenance during the budget process.

Commissioner Van Der Weide discussed that new projects are budgeted at 3%.  He said maybe they don’t need 3%.  He said all the figures should be up to 3%.  Whereupon, Commissioner Morris said the policy passed was up to 3% and not a mandatory 3%.

Chairman McLain summarized that the Board wants staff to reevaluate the maintenance and landscaping plan for the major roads and bring that back.  Also, look at regionalizing the stormwater plan with the cities and provide better services to the residents.  The Board is expecting staff to bring this back between now and the budget process, but probably during the budget.

Mr. Grace said staff wants to make sure the Board understands that many of operational demands are relating to sidewalks and landscaping.  They are consuming more and more into the current revenue streams and the result of that is there is very little money for a lot of the capital needs.

Commissioner Van Der Weide left the meeting at this time.

Mr. Grace continued that the roads in many of the subdivisions need to be redone.  In the next couple years, they need to come up with long-term funding to address these problems.

Commissioner Henley said when they get into the budget this year, he thinks it is important to recognize they only have so many dollars and distribute it where they have the greatest impact upon the quality of life.  He said flooding and drainage have been neglected and it is something they have to take a look at.  The Board can’t say they don’t have the money to do it when they are sitting with an $800 million budget and choosing to spend the money over here rather than over here.

Commissioner Morris reiterated comments on the maintenance issue.

CHAIRMAN’S REPORT, Continued

     Chairman McLain stated if there are no objections, he will have staff prepare for his signature a letter to send to the Governor supporting the Lynx Bill reorganization.  The Board had no objections.

-------

     The Board, thereupon, recessed at 11:55 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials (with Commissioner Morris being late), with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

APPEAL AGAINST BOARD OF ADJUSTMENT/David Lloyd

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment decision in denying a Special Exception for a kennel located on the east side of Tuskawilla Road, approximately 180 ft. north of Tuskawilla Road and Dike Road intersection, David Lloyd, received and filed.

     Chairman McLain stated the District Commissioner has requested that this item be continued to June 24, 2003 at 7:00 p.m.

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

     Motion by Commissioner Maloy, seconded by Commissioner Henley to continue to June 24, 2003, at 7:00 p.m., or as soon thereafter as possible, request to consider an Appeal against the Board of Adjustment decision in denying a Special Exception for a kennel located on the east side of Tuskawilla Road, approximately 180 ft. north of Tuskawilla Road and Dike Road intersection, as described in the proof of publication, David Lloyd.

     Districts 1, 3, 4 and 5 voted AYE.

PROOFS OF PUBLICATION

 

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

     Districts 1, 3, 4 and 5 voted AYE.

VACATE AND ABANDON/Michael & Donna Yates (Continued)

     Continuation of a public hearing to consider request to Vacate and Abandon a 330’ +/- portion of Sixth Street, a 70’ wide unimproved right-of-way that abuts Lots 9-12, Block 40 and Lot 4, Block 53 in Chuluota, as described in the proof of publication, Michael and Donna Yates.

     Denny Gibbs, Development Review, addressed the Board to state this item was continued from the May 27, 2003 meeting.  She stated Sixth Street runs west from CR 419 and dead ends into Horseshoe Lake.  It is currently used as ingress and egress for the existing home on Lot 4 and is not currently being used for public lake access.  The applicant is proposing to vacate an approximate 70’ wide by 330’ long portion of the right-of-way. This right-of-way is not currently being used as public access to the lake; but it is the last platted county road that can provide access.  The applicant is proposing an alternative access to the lake that would utilize 5th Street and replicate the access conditions that exists at 6th Street.  The applicant is proposing to design, permit and construct a stabilized access way from 5th Street through Lot 8 and the west half of Lot 9 to the lake.  The applicant, at no expense to the County, will complete the stabilized access and these areas will be donated to the County.  She stated staff recommends approval of the request subject to the following:  (1) Exclude the westernmost 50’ of the vacated area in order to complete the access to the lake via Lot 9; (2) A 20 ft. drainage easement must be placed on the north side of the Sixth Street right-of-way.  A stabilized access must be constructed at the end of 6th Street; (3) The applicant shall dedicate a conservation easement to Seminole County over the wetland areas on Lots 10, 11, and 12 and the east half of Lot 9; (4) The applicant must provide sketch and descriptions of any easements that are required; and (5) The applicant shall provide the sketch and legal descriptions for any easements required.  Two exhibits of the request were received and filed.

     Michael Yates, applicant, addressed the Board to advise he has no additional comments.

     Deborah Schafer, 1740 Brumley Road, addressed the Board to state she is the President of the Southeast Seminole County Voters Association and they support staff’s recommendations.  She stated she would like the Board to know that the Chuluota residents would like to offer their services to help build a boardwalk and a pavilion.  The residents feel that this is a positive project and they appreciate Commissioner Maloy’s hard work on this.

     Commissioner Morris entered the meeting at this time.

     Ms. Schafer stated she would like to thank the Board for their hard work regarding Snow Hill Road on CR 419 and for protecting the Chuluota rural community. 

     Upon inquiry by Commissioner Maloy, Mr. Grace advised he would recommend that a representative from his office and Suzy Goldman, Library Services, meet with Ms. Schafer to see if they can work together with the community on the community park.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     District Commissioner Maloy stated he appreciates the Board allowing this item being continued several times as it looked like a good plan.  He stated some technical issues came up in which they have been resolved, but all of the permitting and technical things would have to be executed before the vacate is recorded.  If it doesn’t work out, the vacate will not occur.

     Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-108, as shown on page ________, vacating and abandoning a 330’ +/- portion of Sixth Street, a 70’ wide unimproved right-of-way that abuts Lots 9-12, Block 40 and Lot 4, Block 53 in Chuluota, as described in the proof of publication, Michael and Donna Yates, subject to the applicant conveying Lot 8 and the western half of Lot 9 and providing public access to Horseshoe Lake via the stabilization of access way to the lake, and with staff’s stated conditions.

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

VOLUNTARY BILLBOARD AGREEMENT (Continued)

     Continuation of a public hearing to consider Voluntary Billboard Agreement in accordance with Ordinance 2003-20.

     Matt West, Planning Manager, addressed the Board to state this is the first request from a billboard company since Ordinance 2003-20 was adopted in April 2003.  He stated Clear Channel is proposing to take down three existing billboards in exchange for the construction of one new billboard in the I-4 Industrial Park located in the northwest part of Seminole County.  Two existing billboards being proposed for removal are located in the Fern Park area and the third is located on the west side of 17-92 close to the Orange County line.  One of the billboards is scheduled for removal before October 2012.  He stated the new billboard that Mr. Musica is planning to erect is about 1,000 ft. from an existing billboard located in the vicinity of the I-4 Industrial Park on the east side of I-4.  Each affected property owner must sign and waive their rights and release the County from any liability.  Mr. Musica had concerns to where he didn’t have to approach each individual property owner where a billboard exists.  He said staff is recommending denial of the request based on the fact that this will be cutting into new territory for Seminole County.  Staff is basically working off the benchmark of 4:1 ratio.  If the Board recommends approval of the request, he has set up the agreement as requested by Mr. Musica. 

     Lou Musica, Clear Channel, addressed the Board to state he would like to thank staff and the County Attorney for their efforts of coming up with the voluntary billboard agreement.  He stated he is satisfied with the agreement as it stands.  He said he has expressed concerns relative to the sign ordinance and he would like for he and staff to work together and correct the ordinance as it was passed.  The current ordinance supersedes the previous ordinance regarding regulations of billboards.  He pointed out that this is not a variance hearing.  The current ordinance gives the Board the right to consider all nonresidential zoning districts for new billboard signs and to vary from code separation requirements if such location is found to be in the public interest.  It also gives the Board the right to vary from the 4:1 ratio sign benchmark.  He stated he is hoping the Board will consider this application internal, and if it is of the public benefit.  He says he feels it is a substantial public benefit for the following reasons:  (1) It reduces the number of signs in the 17-92 CRA; (2) It is a voluntary action by Clear Channel in trying to reduce the number of signs and nonconformities within Seminole County; (3) The relocation site is in a heavy commercial area; and (4) The proposal is at no cost to the County.  Staff has indicated that the Jai Alai sign will be removed during the year 2012.  Staff also has indicated that the new sign will create one new nonconforming sign and he believes this is incorrect and he would like the County Attorney to give his opinion on this.  This is a voluntary redevelopment proposal and it does comply with the code contrary to staff’s report.  He feels that the Board determined the sign ratio and that was the only way to require companies to enter into voluntary development agreements. 

     Mr. Musica informed Chairman McLain that he believes it is the intent that if the agreement was approved, it would not be a precedent and that each individual agreement would stand on its own merit.

     Chairman McLain clarified with Mr. Musica that if this is approved, it would be individually considered based on each application for relocation.

     Robert McMillan, County Attorney, stated this is the first he has heard questions raised relative to nonconforming signs once an agreement is reached.  He stated he doesn’t believe it matters relative to the issuance of approving or not approving the agreement.  He stated he has an idea but he does not want to lock into an interpretation at this point.

     Commissioner Maloy stated he feels this is exactly what the Board has been discussing over the years. 

     Chairman McLain stated he would have no objections to replacing the one sign, assuming the Board feels that the removal of two signs in the CRA area justifies that.

     Commissioner Morris stated Mr. Musica is correct that the County deliberately designed this ordinance that each issue that came before the Board for substitution will be looked at.  The ordinance contemplates guidelines and it also contemplates a potential new billboard location site for taking down additional signs.  This is not a new billboard site but a changed site of an existing billboard.  He stated he is concerned about the one comment raised relative to other parties having to sign a release.

     Commissioner Henley stated he supports the long-term agreement but he doesn’t share the enthusiasm that his colleague shares.  What he sees is the County is permitting a billboard in a district that is not normally permitted.  The distance violates the 1,000 ft. requirement, but he cannot see that this has a significant gain. 

     Chairman McLain stated one sign will be coming down on I-4 and relocated 1,000 ft. from the current location with a more substantial facility.  He stated he feels that taking one billboard down nine years early has merit. 

     Commissioner Morris stated he agrees with the concerns that Commissioner Henley raised, but he doesn’t agree with the conclusion.  The number of phases going down is important.  In this particular case, he can see nine years from now that a future Board will be very flexible with an applicant coming forward with an application.

     Mr. McMillan stated this issue was brought up at the adoption hearing and the ordinance requires that the County has to have approval of the underlining property owner.  There were no objections raised at that time.  The issue was that there was potential for claims against the County.  The underlining property owner, currently, would have a billboard authorized on his property in which it would generate revenue.  The prior billboard ordinance requires the billboard company to terminate that, therefore that landowner cannot replace the billboard.  In order to assure that no claims will be brought before the County, the billboard company would have to close out the deal with the underlining property owner and he would have to be a party to the application.

     Commissioner Morris stated he has had discussions with Mr. Musica.  The indemnification is fine relative to a lawsuit for financial damages, but under the current operations of State law, it can come forward in an action to grant a billboard right. 

     Mr. McMillan stated he would not rely on indemnification to solely protect the Board because it doesn’t remove the liability; it only allows somebody to go against the Board if they are determined to be liable.

     Commissioner Morris stated he would recommend approval to the Board if Mr. Musica is successful in getting a waiver from the underlining property owner.

     Commissioner Van Der Weide stated he will be supporting the motion, but he would like to congratulate the private sector and community of their advertising agency.  No matter what kind of roadblock is placed in front of those advertising efforts, they seem to think of an ingenious way to get around the County’s efforts. 

     No one else spoke in support or in opposition.

     Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the Voluntary Billboard Agreement, as shown on page ________, with Clear Channel including written waivers and releases by the sign owner(s), the property owner(s) and any sign lessees, to any claim against the County to further compensation or reimbursement regarding removal of the specified outdoor advertising signs being provided.

     Under discussion, Commissioner Morris stated he would be happy to talk to the Fern Blvd. owners to see if they can help them.

     Commissioner Henley stated he will be voting against the motion as these companies are creative.  He stated he strongly supports the right for the sign companies to come before the Board, but he believes the County should be getting more than what they are getting.

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Henley voted NAY.

VACATE AND ABANDON/Michelle Wolff

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon a 30’ portion of the Arletta Street right-of-way located at the south easterly corner of Arletta Street and Forest Cove Road, J&D Real Estate Holdings, Inc. – Michelle Wolff, received and filed.

     Cynthia Sweet, Development Review, addressed the Board to state the purpose of the vacate is to obtain ownership of the property, which is currently fenced and has been maintained by the owners for years.  Staff found no benefit to retain that portion of the public right-of-way since Arletta Street has been realigned.  Florida Department of Transportation (FDOT) owns the remaining remnant portion of the public right-of-way located immediately north of the subject area and south of the realigned Arletta Street, and also has confirmed their intent to release that portion to the petitioner.  The applicant has provided letters (not received and filed) from the appropriate utility companies and they have no objections to the request.  Staff recommends approval of the request subject to retaining the utility and drainage easement over the vacated portion.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-109, as shown on page ________, vacating and abandoning a 30’ portion of the Arletta Street right-of-way located at the south easterly corner of Arletta Street and Forest Cove Road, as described in the proof of publication, J&D Real Estate Holdings, Inc. – Michelle Wolff, subject to retaining the utility and drainage easement over the vacated portion.

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

CHAIRMAN’S REPORT

 

     Chairman McLain announced that the Little Big Econ State Forest Management Plan Advisory Group and the Florida Department of Agriculture & Consumer Services-Division of Forestry has scheduled a public hearing on June 25, 2003 at 6:00 p.m., at the Geneva Community Center relative to the Little Big Econ State Forest Five-Year Management Plan.

COMMUNICATIONS AND/OR REPORTS

 

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

1.        Notice of 5/29/03 Community Meeting for Lake Mary Downtown. (cc: BCC, County Managers, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

 

2.        Letter dated 5/22/03 (with attachments) to County Manager Grace from Sarah Mijares, Longwood City Clerk, re: Longwood Ordinances #03-1638 – 03-1649-Annexation. (cc: Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

 

3.        Notice of Postponement of 5/21/03 Waterfront Master Plan Steering Committee meeting.

 

4.        Copy of letter dated 5/27/03 to Alberto Farino from Joe Gasparini, Parks & Recreation Manager, re: donation to Parks & Recreation Division in honor of The Adult Soccer Bunch.

 

5.        Copy of letter dated 5/21/03 to D. Ray Eubanks, FL Dept. of Community Affairs, from Linda Burnette, SJRWMD, re: proposed Comprehensive Plan Amendment, DCA #03-1. (cc: County Managers, Planning & Development Director, Planning Manager)

 

6.        Notice of 6/4/03 Seminole County LPA/P&Z Meeting re: Mikler/Chapman Rd. PUD. (cc: County Manager, Elections Supervisor, Property Appraiser)

 

7.        Notice of 6/11/03 Altamonte Springs Land Development/Zoning Public Hearing re: Altamonte Commercial Center. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)

8.        Notice of 6/11/03 Longwood Land Planning Agency Future Land Use Amendment (Small Scale) Public Hearing re: CR 427 and North St. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

9.        Copies of letters dated 5/29/03 from Ken Roberts, Public Safety Director, re: donations to Animal Services Division to: Frank Tamburrino and Mary Skivers.

 

10.         Notice of 6/13/03 US 17-92 Redevelopment Planning Agency meeting.

 

11.         Notice of 6/3/03 Orlando Airport Authority Board meeting.

 

12.         Memorandum dated 5/28/03 to BCC from County Manager Grace re: Capital Project Fund transfer of $32,404-School Shelter Retrofit (School Window Protection) Program.

 

13.         Letter dated 5/29/03 to BCC from FL Dept. of Revenue re: Tax Amnesty Program.

 

14.         Letters dated 5/30/03 to Chairman McLain from Tyra Miller, Property Appraiser’s Office, re: 2003 Estimated Total Taxable Value and Taxable New Construction for:  Board of County Commissioners; Seminole County Fire District; Seminole County Road Improvement District; and Seminole County Stormwater Management.

 

15.         Letter dated 5/27/03 (with attachment) to Chairman McLain from David Diggs, Seminole County Sheriff’s Office, re: 2003 Annual Model Jail Standards Inspection Report.

 

16.         Letter dated 5/20/03 to Chairman from Larry Goldman, County Building Official, re: Emergency Demolition of Unsafe & Hazardous Structure at 2361 Center Street, Sanford.

 

17.         E-mail dated 5/25/03 to BCC from Donna Whicker re: transfer of Code Enforcement operation from Seminole County-BCC to Seminole County Sheriff’s Office.

 

18.         Letter dated 5/27/03 (with attachment) to Chairman McLain from Steve Harriett, Sheriff’s Office Chief Deputy, re: Alcoholic Beverage Ordinance. (cc: Deputy County Managers, County Attorney)

 

19.         Memorandum dated 5/29/03 (with attachment) to BCC from Carol Bracy, FL Assoc. of Counties Legislative Director, re: Final 2003 Legislative Bills.

 

20.         Memorandum dated 5/21/03 (with attachment) to BCC from Ray Hooper, Acting Fiscal Services Director, re: Court Appointed Attorney Update.

 

21.         Facsimile dated 5/27/03 to Chairman McLain from Mike Stuart, FL Fruit & Vegetable Assoc., re: support for ORHS Level I Trauma Center. (cc: BCC, County Managers)

 

22.         Notice dated 5/27/03 from Seminole County Environmental Services Dept. terminating mandatory requirement to boil water in specified residential areas: Bear Lake Rd.; Montclaire Circle; Cub Lake Dr.; Jessica Dr.; Longfellow Pl.; Beaver Cove; Bent Arrow Cove; Permerton Dr.; and Redis Cove.

 

23.         Letter dated 5/23/03 to BCC from Ted B. Edwards, Orange County Commissioner, re: opposition to Hawthorn Glen Rezone Application. (County Managers, Planning & Development Director, Planning Manager, Development Review Manager)

 

24.         Notice of 6/5/03 Adoption Public Hearing for Lake Mary Downtown Comprehensive Plan Amendments. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

25.         Letter dated 5/28/03 (with attachment) to BCC from Cynthia Porter, Sanford Deputy City Clerk, re: Sanford Ordinance #2783-Annexation. (cc: Planning & Development Director, Planning Manager, Elections Supervisor)

 

26.         Letter dated 5/28/03 (with attachment) to BCC from Cynthia Porter, Sanford Deputy City Clerk, re: Sanford Ordinance #3760-Annexation. (cc: Planning & Development Director, Planning Manager, Elections Supervisor)

 

27.         Copy of letter dated 5/29/03 to Chris Culver, Culver Amherst President, from Howard Tipton, Sr., LYNX, re: Morgan Colling & Gilbert proposed advertising contract with LYNX. (cc: BCC)

 

28.         Letter received 6/2/03 (with attachment) to County Manager Grace from Gina Kinchlow, Children’s Forum, re: biannual publication Charting the Progress of Early Care & Education in Florida: 2000-2002.

 

29.         Memorandum dated 5/28/03 (with attachment) to Commissioner Maloy from Mark Flomerfelt, Road Operations & Stormwater Manager, re: St. Johns River Restoration Strategy.

 

30.         Letter dated 6/1/03 to BCC from Jack & Joanne Prager re: support for Hester Ave. low-density requirements.

 

31.         Letter dated 5/30/03 (with attachment) to BCC from James Lewis, Walt Disney World Co., re: Florida Trend’s “Florida Small Business” magazine.

 

32.         Letter dated 5/30/03 to Chairman McLain from Bruce McMenemy re: Lazy Acres and City of Longwood annexations on east side of Lake Emma Rd.

 

33.         E-mails (various dates) to BCC re: opposition to rezone request at McCulloch & Old Lockwood Rd. for Hawthorn Glen Townhomes.

 

34.         E-mails (various dates) to BCC re: medical liability insurance, caps on awards, and the Level I Trauma Center from:  Delores H. Smoker; Frank Lind; Glen Davis, MD; George Alan Ulch, MD; Capt. Phillip T. Bankston, USN Ret.; Julio Gundian, MD; David B. Auerbach, DO; Scott Greenberg, MD; and Julianne Parker.

35.     Letter dated 5/27/03 to Chairman McLain from Chad Keller, Boy Scouts, re: customer satisfaction survey for solid waste haulers. (cc: BCC, County Managers, Environmental Services Director, Purchasing Manager, MSBU Coordinator, Solid Waste Manager to respond)

 

36.     Notice of 6/19/03 Tri-County League of Cities meeting.

 

37.     Copies of letters dated 6/3/03 from Jane Peterson, Library Services Manager, re: donations to Library Services to: Mary Mullikin in memory of Anne Tomlinson; Ted Maines in memory of Penny Grossman; and the League of Women Voters of Seminole County in honor of Deborah Carswell.

 

38.     Letter dated 6/3/03 (with attachment) to BCC from Rachel Carnicelli, Sanford Deputy Clerk, re: Sanford Ordinance #3789-Annexation. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

39.     Letter dated 6/3/03 (with attachment) to BCC from Rachel Carnicelli, Sanford Deputy Clerk, re: Sanford Ordinance #3791-Annexation. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

40.     Parks & Recreation Contracts for Services, as shown on page _________:  John D. Rose (Slow-pitch Softball Umpire); and Joseph Michael Lourenco (Slow-pitch Softball Umpire).

 

41.  Copy of memorandum dated 5/30/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

42.  Copy of memorandum dated 5/23/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

43.     Notice of 6/20/03 Rail Transit Stakeholder Meeting, FL Dept. of Transportation/LYNX/MetroPlan Orlando.

 

44.  E-mails (various dates) to BCC re: medical malpractice crisis from: M.A. Commiter; Rebecca Nichols; Glen Davis, MD; Phillip T. Bankston, Capt. U.S. Navy Ret.; and Jean & Frank Clontz.

 

45.     Copies of letters dated 6/4/03 from Ken Roberts, Public Safety Director, re: donations to Animal Services Division to: Amtrak Auto Train and Merrill Gardens.

 

46.     Notice of 6/9/03 Sanford Airport Authority Bid Opening Special Meeting, 6/20/03 Bid Award Special Meeting, and 7/15/03 Regular Board Meeting.

 

47.     Letters dated 5/31/03 to Chairman McLain from Bill Suber, Seminole County Property Appraiser, re: 2003 Seminole County Tax Roll and total budget submitted to the Dept. of Revenue for 2003-04 for: Board of County Commissioners; Seminole County Fire District; and Seminole County Road District.

48.     Notice of 6/19/03 City of Sanford Rezone Public Hearing re: 1200 Rinehart Rd. (cc: County Manager, Planning & Development Director, Planning Manager, and Property Appraiser)

 

49.  E-mail dated 6/3/03 to BCC from Nadene Jackson re: opposition to dog kennel rezone on Tuskawilla Rd.

 

50.  E-mails (various dates) to BCC re: opposition to proposed Hawthorn Glen development at McCulloch Rd./Old Lockwood Rd. from:  Michelle & Phillip Triano; Tom Narut; Jim Moore; and Mario & Nancy Guzman.

 

51.     Letter dated 5/29/03 (with attachment) to Chairman from Jennifer Bencie Fairburn, MD, Public Health Department Director, re: Quarterly Report-2nd Quarter 2002/03.

 

52.     Letter dated 5/30/03 (with attachment) to Chairman McLain from John Saboor & Doug Barclay, Central FL Sports Commission, re: May activity report.

 

53.  Copy of letter dated 5/28/03 to Jerry McCollum, PE, County Engineer, from Michael Snyder, PE, FL Dept. of Transportation, re: SB 676 which does not affect or alter state laws regulating FDOT or the Seminole County Expressway Authority. (cc: BCC, Deputy County Managers, County Attorney)

 

54.  E-mail dated 6/4/03 to BCC from Bill McDermott, Economic Development Director, re: temporary staffing companies leaving the State due to skyrocketing Workers Compensation insurance premiums.

 

55.  E-mail dated 6/5/03 to BCC from Roy Miller, Children’s Campaign, Inc. re: state and federal legislation affecting children’s services.

 

56.  E-mail dated 6/3/03 to BCC from Bill McDermott, Economic Development Director, re: Florida ranking nationally in tax-friendly systems.

 

57.     Memorandum dated 6/3/03 (with attachment) to BCC from Mary Kay Cariseo, FL Assoc. of Counties, re: SB 1660 Right to Farm Act.

 

DISTRICT COMMISSIONERS’ REPORTS

 

      Upon inquiry by Commissioner Morris, Commissioner Maloy advised since there are some controversial issues relating to Item #38, Appeal against Board of Adjustment/David Lloyd, the residents requested that it be continued to 7:00 p.m.

Commissioner Morris stated he will not be attending the June 24, 2003 meeting.  He stated he has voiced concerns relative to the noise level and other issues relating to the way the facility is designed. 

     Commissioner Maloy stated he has asked the applicant to demonstrate why there wouldn’t be any noise problems.  He stated he has also asked him to show information that other kennels have that operate similarly.

     Commissioner Morris stated he is sorry that he will not be in attendance at that time to voice his concern.

-------

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Leonard Greenbaum to the Library Advisory Board; and to adopt appropriate Resolution #2003-R-110, as shown on page ________, to Stan Bessmer for his services to the Library Advisory Board.

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

-------

     Commissioner Morris stated he received a letter from the City of Winter Springs relating to a CDBG application for a senior citizen center. 

     Mr. Grace stated he received a letter from the City Manager expressing his disappointment that the project did not make the list from the Review Committee.  This project will come back to the Board on July 22, 2003.

     Commissioner Morris stated he would like each Board member to get a copy of this letter for their review. 

     Commissioner Henley stated he would like a copy of the application as well.

     Mr. Grace stated he can provide that information to the Board, but he would caution the Board that there may be other applications wanting to come back before the Board.

-------

     Commissioner Morris referred to a letter from Mike Snyder, Florida Dept. of Transportation (FDOT), relative to SB 676, which included an amendment to the application of DOT ordinances.  He stated Mr. Snyder indicated that this does not alter or affect Seminole County Expressway Authority’s rights.

     Chairman McLain stated he has asked Mr. Snyder to send the Board a letter acknowledging that.

     Commissioner Morris stated he feels the Board needs to make sure that whatever process they can go through that this does not impact the Board relative to the Expressway Authority and the Board’s decision.  He stated he feels the Board should do something about this. 

     Mr. Grace stated a letter was sent to the Governor expressing concern about this bill.  The letter indicated that this is what they were receiving from FDOT and they are hoping for additional assurance above and beyond that. 

     Mr. McMillan stated keep in mind that the cities are trying to get the Governor to veto this bill.

-------

     Commissioner Van Der Weide stated he feels the Board needs to watch what they do relative to billboard signs as the companies may want to use portable billboards on pickup trucks and trailers.

COMMITTEE REPORTS

 

     No Report.

COUNTY MANAGER’S REPORT

 

     Mr. Grace briefed the Board on an audit from the Clerk of Circuit Court relating to Fleet Services Division.  He stated two issues were raised relating to some terminated employees still showing up on the authorized vehicle user list and some vehicles that were not making the preventative maintenance schedule.  He stated he is taking these issues seriously and he will be putting measures together to try to address those issues noted.

-------

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:17 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

cc/er