BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 11, 2002

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m. on Tuesday, June 11, 2002, 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

     Assistant County Attorney Steve Lee

     Deputy Clerk Sandy McCann

 

 

     The Invocation was given by Pastor Darrel Riley, Northland Church, Longwood.

     Commissioner Carlton Henley led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-97, as shown on page _______, proclaiming the month of July 2002, as Recreation and Parks Month in Seminole County. 

     The Resolution was presented to Bill Kinane, Chairman of the Parks & Recreation Board, who expressed his appreciation. 

-------

     Ray Gilley, President and CEO of the Metro Orlando Economic Development Commission, addressed the Board to give a PowerPoint presentation on the EDC’s marketing plan entitled, “Putting


Imagination to Work”.  Information packet was received and filed.  He reviewed with the Board EDC’s Vision and Mission Statement and advised they have achieved record funding from the private sector in the amount of $2.4 million.  He briefly outlined the goals through the year 2005. 

     Tracy Grygiel addressed the Board to give an update of new businesses in Seminole County.  She advised of the new projects they are working on for the County.  She briefly discussed the marketing efforts they have done at the Orlando/Sanford International Airport.  She invited the Commissioners to the annual reception at the airport on July 24, 2002 at 5:30 p.m. 

     Commissioner Maloy left the meeting at this time. 

     Charles Sloan, Executive Vice President in charge of business development, addressed the Board to show a video (not received & filed) regarding community branding and to briefly discuss same. 

     Commissioner Maloy re-entered the meeting at this time. 

     Mr. Gilley presented EDC’s funding request for FY 2002-2003, advising they are asking that the $1.00 per capita formula be increased to $1.10.  The 2002-2003 Funding Request Booklet was received and filed. 

     Upon inquiry by Commissioner Henley, Mr. Gilley advised EDC’s total budget is $5.5 million.  He further advised that they had a net gain of about $300,000 in private sector funding. 

     Commissioner Henley stated that what concerns him is that this is the first year that the private sector funding is more than the public sector funding and EDC is asking for an increase from the public sector.  Discussion ensued. 

     Upon inquiry by Commissioner Morris, Mr. Gilley advised the marketing percentage of the budget is about 30%. 

     Chairman McLain advised the Board will be conducting their budget work session later this month and this funding request will be discussed at that time. 

     Commissioner Maloy stated that last year the Board cut a lot of funding for resurfacing of roads and he is receiving complaints about that.  He said this request will be considered along with all the other requests. 

     Commissioner Henley stated he would like to challenge the EDC to look at other methods of funding such as having business have paid memberships with the EDC. 

-------

     John Gill, Chairman of the Seminole County School Readiness Coalition, addressed the Board to publicly recognize and thank the Board for providing funds to maintain enrollment in the subsidized Pre-K Programs in the County.  He read into the Record a letter (copy received & filed) from the Coalition expressing appreciation to the Board for their assistance. 

     Chairman McLain expressed his thanks to the Coalition for the work they do. 

     Commissioner Henley stated the BCC took a monumental step for the children in the County when they agreed to fund the shortfall. 

     Commissioner Morris suggested staff start preparing a message for the next Legislative session in order to get this funding reinstated. 

     Mr. Grace stated staff has already had an initial meeting with the School Board so they can understand exactly what they want the Legislature to do to fix the problem. 

COUNTY ATTORNEY’S REPORT

CONSENT AGENDA

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

 3.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 132 of the Airport Boulevard Phase III road improvement project, located on the south side of 23rd Street approximately 1,015 feet west of Airport Boulevard, Charlie F. and Annie Mae Collier property, in the amount of $166,750.00, inclusive of attorney’s fees and costs.

 4.  Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 128 of the Wymore Road improvement project, located in the northwest quadrant of the intersection of Wymore Road and W. Westmonte Drive, Altamonte Springs, Christine R. Stephan property, in the amount of $23,000.00 inclusive of all costs and expenses.

 5.  Authorize Binding Written Offers for Wymore Road improvement project for the following parcels numbers 103, 104, 109, 110, 111, 112, 114, and 116.

 

Litigation
 6.     Approve mediated settlement relating to Parcel Numbers 187/887 of the County Road 427, Phase I road improvement project, located at 1681 S. County Road 427, Altamonte Springs, Patel property, in the amount of $45,000.00 for land, severance damage, statutory interest and a County Engineering commitment to redesign using curb and radius return; and $5,360.00 for statutory attorney fees, excluding costs for appraisal and engineering services, a matter which will be determined by the court at hearing. Total settlement is $50,360.00. 
 7.  Authorization to Defend with regard to Kring, et al. v. Seminole County.  This lawsuit seeks damages and injunctive relief based upon the location of a drainage pipe. Plaintiffs, residents of the Riverside At The Springs Subdivision located on Markham Woods Road north of State Road 434, claim that the drainage pipe and water discharged from it are unauthorized invasions of their properties. Plaintiffs’ legal claims include inverse condemnation, trespass and nuisance.

 

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

COUNTY ATTORNEY’S BRIEFING

     Assistant County Attorney, Steve Lee, advised the Fifth District Court of Appeals issued a reversal of an order awarding fees and costs to two expert witnesses with regard to the eminent domain case of Seminole County v. Faye R. Chandrinos. 

-------

     Attorney Lee advised the jury returned a verdict of $7,500 for the value of the property with regard to the case of Callin v. Seminole County.  He requested authorization for the Chairman to execute the necessary documents to conclude the case. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley to authorize the Chairman to execute Documents, as shown on page _______, with regard to the case of Callin v. Seminole County. 

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

--------

     Attorney Lee advised the County has been sued by Oscar Duke involving property on Douglas Avenue where it intersections SR 434.  He said the case involves a claim in the nature of inverse condemnation arising out of the County’s construction of a retention pond as part of the road project.  He requested authorization to defend in the case. 

     Commissioner Van Der Weide stated he would like more information on this case before authorizing the County Attorney to defend. 

     Chairman McLain directed Attorney Lee to fully brief the Board on this item and then bring it back for action at the appropriate time. 

COUNTY MANAGER’S REPORT

     The Board was advised that Item #21, Budget Amendment Request in the amount of $250,000, Crane Strand System Retrofit, and Item #36, Second Amendment to Agreement with SJRWMD, have been pulled from the agenda. 

     Mr. Grace advised that with regard to Item #31, M-317-02/BJC, System Enhancement Project Agreement/800 mhz, the purchase will be over two years.  He said at the last meeting, there was some discussion about borrowing money, but that will not be necessary if it is funded over a two-year period. 

     Commissioner Henley expressed his concern with Item #32, Amendment #1 to M-247-01/BJC, Air Quality Consultant Services for the Public Safety Building Remediation.  He stated he believes the Board should look into the allegations listed in the letter from the contractor regarding the subcontractor. 

     Upon inquiry by Commissioner Henley, Director of Administrative Services, Jamie Croteau, addressed the Board to advise the Board needs to act on this some time today. 

     Commissioner Morris said that what the contractor’s letter is saying is the subcontractor is not qualified and they are spending extra time educating. 

     Commissioner Henley stated that if this has been going on, why wasn’t the Board made aware of it. 

     Chairman McLain stated Item #32 will be continued until this afternoon; and he directed staff to meet with the Commissioners prior to this afternoon’s meeting. 

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

COUNTY MANAGER’S REPORT

CONSENT AGENDA

The following were approved: 

 

Environmental Services

Administration

 8.  Release Maintenance Bond #929127813 (M/I Homes) in the amount of $24,071.63 for water and sewer within the Bearstone f/k/a Aloma Woods, Phase 7 project; and release Maintenance Bond #20-82-10 (Taylor Woodrow Communities) in the amount of $61,862.00 for water and sewer within the Alaqua Lakes Phase 4 project. 

Planning, Engineering & Inspections

 9.  Approve and authorize Chairman to execute the Exhibit “G” Amendment, as shown on page _______, to Conditional Utility Agreement for Water Service with Single Family Developers, L.L.C. for oversizing off-site facilities to the Waterstone Subdivision. 

Solid Waste Management

10.  Approve and authorize Chairman to execute Innovative Recycling and Waste Reduction Grant, as shown on page ________, reimbursement request for the fourth reporting period expenditures in the amount of $12,866.13.

11.  Approve and authorize Chairman to execute Year 2002/2003 Florida Department of Environmental Protection Waste Tire Grant Application, as shown on page _______.

Water & Sewer

12.  Approve request to hire Plant Operator in current fiscal year, instead of FY 2002/2003, due to early opening of the new Southeast Regional Water Treatment Plant.

 

Fiscal Services

Administration

13.  Adopt appropriate Resolution #2002-R-98, as shown on page ________, amending Resolution 02-R-54 which approves the refunding of the outstanding Gas Tax Revenue Bonds, 1992A, to include the payment of interest on October 1, 2002.

Budget

14.  BCR #02-90 – $90,000 – Public Works – Traffic Engineering – Fund: 11500 – 1991 Sales Tax Fund.  The Lake Mary Boulevard/Crystal Lake Safety project has been indefinitely delayed due to fiscal constraints identified by Lake Mary and the Post Office (funding partners with the County on this project). Request a transfer of funds from this project to the Red Bug Lake/Eagle Circle Safety project to cover drainage and pavement improvements due to the construction of dual turn lanes.

15.  BCR #02-92 – $12,000 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund.  Funds are requested for the Seminole Wekiva Trail Phase II maintenance contract. Project was scheduled for completion in October of 2002, but projections forecast completion in July of 2002. These funds will ensure maintenance of this segment of the trails through the end of the fiscal year.

16.  BCR #02-95 – $67,626 – Public Safety – E911 Division – Fund: 12500 – E911 Fund.  The Information Technologies Department determined it would be more economical to purchase the software for the Computer Aided Dispatch System on the state contract and to lease the computer equipment, based on the standards set by current County guidelines. This transfer allocates funds to the proper operating lines to support this request.

17.  BCR #02-96 – $65,000– Public Works – Traffic Engineering – Fund: 11500 – 1991 Sales Tax Fund.  An accounting transfer is needed to move funds to create a Rinehart Road Safety project from the Countywide Safety improvement project.

18.  BCR #02-97 – $22,905 – Public Works – Road Operations – Fund: 10101 – Transportation Fund.  The handheld units for the Work Management System are budgeted in an operating account but should be budgeted in a capital account. An accounting transfer is needed to move the funds.

19.  BCR #02-98 – $32,100– Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund.  Additional funds are needed for the Kewanee Park Restroom. Actual bids came in higher than anticipated. Funds available from savings in various divisions of the department.

20.  BCR #02-99 – $143,563– Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Protection Fund.  Transfer of funds for two grants awarded by the Florida Department of Health for Hazardous Chemical Detection Equipment and Disaster Communication UHF Radios, and an additional $10,000 contribution from the American Heart Association to purchase automatic defibrillators. Grant funds and contribution have been received.

21.  Withdrawal from the agenda the Budget Amendment Request, $250,000 – Public Works: 13000 – Stormwater Fund. Based on the Second Amendment to the Agreement between Seminole County and the SJRWMD (Contract #SD641AA), scheduled to be approved by the Board of County Commissioners on June 11, 2002, SJRWMD will reimburse the County an additional $250,000 for the Little Econlockhatchee River – Crane Strand System Retrofit Project & Stormwater Park.

MSBU

22.  Approve and authorize Chairman to execute Satisfaction of Liens, as shown on page _______, for David G. and Donna L. Cramer and Elizabeth Wailes for the Chula Vista Road Paving and Drainage MSBU. 

23.  Approve and authorize Chairman to execute Satisfaction of Liens, as shown on page _______, for Ronald E. Groskey and Thomas A. and Stephanie R. White for the Black Hammock Phase II Water Services MSBU. 

Purchasing

24.  Award CC-1185-02/BJC Contract, as shown on page _______, Kewannee Park Restroom and Boardwalk construction project, with Syed Haider d/b/a Core Construction Group, Inc., Orlando ($82,900.00).

25.  Approve Change Order #2, as shown on page _______, to FC-1125-00/BJC - Markham Woods Road/Douglas Avenue Project, with Ryan Incorporated Eastern, Winter Garden ($20,241.00) (Time extension).

26.  Approve Amendment #1, as shown on page ________, to DB-605-00/BJC – Design Build for the Seminole County Juvenile Justice Center, with The Collage Company/Scott Partnership, Lake Mary ($3,440,153.00).

27.  Approve ranking list for PS-5115-02/BJC – Master Agreement for Professional Services for Preliminary Engineering, Design, Permitting, and Post Design Services for Kewannee Trail project and award a Master Agreement, as shown on page _______, to Harding, ESE, Orlando (Not-to-Exceed $150,000.00).

28.  Award RFP-4157-02/BJC – Professional Appraisal Services East Lake Mary Boulevard Phase II-B (Airport Entrance to SR. 46) Improvement Project to The Spivey Group, Inc., Orlando. (not-to-exceed $300,000.00).

29.  Award RFP-4160-02/BJC Contract, as shown on page _______, Property Acquisition Services for East Lake Mary Boulevard – Phase II-B (Airport Entrance to SR 46) to P.A.R.A.R.A. Services, Inc., Deland (not-to-exceed $300,000.00).

30.  Amendment, as shown on page _______, to the Contract for RFP-4152-02/BJC – Medical Director for Seminole County, with Todd Husty, D.O.P.A. d/b/a TMH, D.O.P.A., Winter Park (Contract language changes).

31.  Waive the procurement requirements and award M-317-02/BJC – System Enhancement Project Agreement, as shown on page ________, to Motorola, Inc., Sunrise ($4,362,117.00).

 

Planning & Development

Community Resources

33.  Adopt appropriate Resolution #2002-R-100, as shown on page _______, renaming Holiday Avenue and County Road to Holliday Avenue. 

34.  Approve and authorize Chairman to transmit a notice to Volusia County and the U.S. Department of Housing & Urban Development (HUD) to terminate the current Volusia/Seminole HOME Consortium Agreement.

Development Review

35.  Approve Final Plat for Lake Forest Section 16 located on the southeast side of Orange Boulevard, north of SR 46 and south of Nevada Avenue (Dyer, Riddle, Mills & Precourt representing Orlando Lake Forest Joint Venture).

Public Works

Road Operations & Stormwater

36.  Withdrawal from the agenda request to approve and authorize Chairman to execute the Second Amendment to the Agreement between the St. Johns River Water Management District and Seminole County for the Little Econlockhatchee River – Crane Strand System Retrofit Project and Stormwater Park.

37.  Approve acceptance of Drainage Easement Agreement, as shown on page _______, over a portion of the New Tribes Mission, Inc. property for dedicated legal access and maintenance purposes to an existing ditch/drainage system. 

38.  Approve acceptance of Drainage Easement Agreement, as shown on page _______, over a portion of the Recoton Corporation property for dedicated legal access and maintenance purposes to a drainage system. 

39.  Authorize release of the following Road Maintenance Bonds  (Lumberman’s Mutual Casualty Company): (1) #153958 ($1,795.00) for the Lake Forest Section 8 Project; (2) #153960 ($12,175.00) for the Lake Forest Section 10A Project; (3) #153989 ($6,809.00) for the Lake Forest Section 12A Project; (4) #941797 ($25,740.90) for Sawgrass Subdivision; (5) #X08614 for Majestic Cove; (6) #929144647 ($6,074) for Riverside Landings; (7) in the amount $10,116.49 for Cardinal Point; (8) in the amount of $24,710.17 for Via Hermosa Right-of-way; (9) #929127812 ($20,663.19) for Aloma Woods Phase 7; and (10) #929142648 ($14,655) for Aloma Woods Phase 6. 

Traffic Engineering

40.  Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page _______, between Seminole County, Sheriff’s Office and Lake Forest Master Community Association, Inc. 

41.  Approve and authorize Chairman to execute the Joint Participation Agreement, as shown on page _______, with Florida Department of Transportation for the installation of a traffic signal at SR 434 and Palm Valley Drive. 

 

Tourism Development

42.  Approve and authorize Chairman to execute an Amendment to Agreement, as shown on page _______, with Allen Enterprises, Inc. to hold the X-treme Challenge Adventure Races on property owned by Seminole County. 

 

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

CONSITUTIONAL OFFICERS’ REPORTS

CLERK’S REPORT

CONSENT AGENDA

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

 1.  Expenditure Approval Lists, as shown on page _______, dated May 21 and 28, 2002; and Payroll Approval List, as shown on page _______, dated May 23, 2002. 

 

 2.  Chairman to execute Satisfactions of Judgment for $40 Affidavit of Indigency Fees: 

 

Eric Jerome Broaden, Case #01-3823-CFA

Wiley Francis Fossitt, Case #99-12307-MMA

Latonia Ellain Randall, Case #01-2356-CFA

Bobby Joseph Viana, Case #01-2-MMA

 

 3.  Chairman to execute Satisfactions of Judgment for Court Costs: 

 

James T. Anderson, Case #98-13020-MMA - $298 Court Costs and Affidavit of Indigency Fees

Jose Juan Andrade, Case #00-2825-CFA - $40

Terri Lynn Barner, Case #93-479-CFA - $240.35

Kent Leon Cole, Case #96-3331-CFA - $255

Laurie L. Groschopf, Case #00-3518-CFA - $328

Curtis Littles, Case #01-3271-CFA - $40

Iris M. Pagan, Case #02-1624-MMA - $198

 

 4.  Chairman to execute Satisfaction of Judgment for Bail Bond Lien in the amount of $1,538 for Diana Gudrun Peterson & Accredited Surety & Casualty. 

 

 5.  Official Minutes dated May 14, 2002. 

 

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

-------

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

1.  Work Order #31, as shown on page _______, to PS-556-00.

 

2.  Work Order #4, as shown on page _______, to PS-573-00.

 

3.  Work Order #52, as shown on page _______, to PS-532-98.

 

4.  Work Order #7, as shown on page _______, to PS-551-00.

 

5.  First Amendment to Work Order #7, as shown on page _______, to PS-574-00.

 

6.  Work Order #43, as shown on page _______, to PS-543-99.

 

7.  Work Orders #10 and #11, as shown on page _______, to RFP-471-99.

 

8.  Work Order #1, as shown on page _______, to PS-5108-01.

 

9.  First Amendment to Work Order #2, as shown on page _______, to PS-536-99.

 

10.         First Amendment to Work Order #33, as shown on page _______, to FC-1139-00.

 

11.         First Amendment to Work Order #6, as shown on page _______, to RFP-422-97.

 

12.         Change Orders #13, #14, and #15, as shown on page _______, to FC-168-99.

 

13.         Change Order #2, as shown on page _______, to FC-1173-01.

 

14.         Change Order #1, as shown on page _______, to FC-1146-A-01

 

15.         Development Order #1-20000012, as shown on page _______, Ryland Homes/SR 46 Rezone.

 

16.         Resolution #2001-R-195, as shown on page _______, relating to issuance of not-to-exceed $2,000,000 of Industrial Development Revenue Bonds by Florida Development Finance Corp.

 

17.         Satisfactions of Connection Fees, as shown on page _______, for the following:  Jeffrey Campbell Insurance Bldg.; SCOPA Business Incubator Ph. 4; Lake Forest Bank of America; and Eden Park Subdivision.

 

18.         Utility Agreement, as shown on page _______, for sewer service with Generation Suites of Lake Mary, LLC, for the project known as Candlewood Suites Hotel.

 

19.         Conditional Utility Agreements, as shown on page _______, for water and sewer service with BellSouth Telecommunications, Inc.

 

20.         Conditional Utility Agreements, as shown on page ________, for water and sewer service with Exxon Mobil Corp.

 

21.         Customer Agreement, as shown on page ________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for 400 International Development Co.

 

22.         Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for HIBC 500 LLC.

 

23.         Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for HIBC 1001 LLC.

 

24.         Seminole County Comprehensive Annual Financial Report for FY ended September 30, 2001.

 

25.         License Agreement, as shown on page _______, with the United States Postal Service relating to placement of a historical marker at Lake Monroe Main Post Office, as approved by the Board on April 23, 2002.

 

26.         IFB-3039-02 Fire Extinguisher Inspection Services Agreement, as shown on page _______, with Advanced Fire Equipment.

 

27.         AB-3038-01 Fertilizer Purchase Agreement, as shown on page _______, with Agro Distribution d/b/a Prosource One.

 

28.         Boys & Girls Clubs of Central Florida, Inc. Agreement, as shown on page _______, as approved by the Board on October 9, 2001.

 

29.         Development Order #2-30000035, as shown on page _______, for Paul J. & Carol Hueber variance request.

 

30.         Seminole County School Board Interlocal Agreement, as shown on page _______, of 2001 with Seminole County, the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs, as approved by the Board on September 25, 2001.

 

31.         Resolution #2001-R-158 and Warranty Deed, as shown on page _______, accepting land for public purposes with West Lake Supercenter Partners, Ltd.

 

32.         Memorandum from Jerry McCollum, County Engineer, to Sandy McCann, BCC Recording Supervisor, submitting a copy of an Agenda Memorandum relating to Agreement with CSX Transportation, Inc. approved by the Board on November 27, 2001.

 

33.         Letter from Katherine Morrison, Office of the Governor, to Thomas Shipley, B2B Brand Group, LLC, relating to B2B Brand Group certifying for a Qualified Target Industry Tax Refund.

 

34.         Letter from Andrea Lorenzo-Luaces, City Clerk of Winter Springs, to Maryanne Morse, Clerk of Courts, relating to annexation Ordinance #2002-03.

 

35.         Memorandum from Keith Roark, Road Project Acquisition Manager, to Sandy McCann, County Records Supervisor, submitting documents, as shown on page _______, relating to Lake Drive, CR 427, Phase III and Lake Emma Road.

 

36.         Memorandum from Stephen Lee, Deputy County Attorney, to Sandy McCann, County Records, submitting original documents, as shown on page _______, regarding the Jetta Point property acquisition.

 

37.         Bids as follows:  CC-1181-02; CC-1185-02; RFP-4149-02; RFP-4157-02; RFP-4160-02 and PS-5117-02.

 

SHERIFF’S OFFICE

CONSENT AGENDA

     Request for Law Enforcement Trust Fund Expenditures and the Cops Universal Hiring Grant Application was presented for consideration. 

     Upon inquiry by Commissioner Henley, Chief Penny Fleming of the Sheriff’s Office addressed the Board to advise the grant is for 8 new positions. 

     Commissioner Henley stated the back-up information is misleading, because the Board is going to be required, as part of the approval process, to pick up all the new positions under the General Fund after three years. 

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

 1.  Law Enforcement Trust Fund Expenditures in the total amount of $22,500 for the following:  $15,000 to help fund the purchase of drug free calendars; $1,000 to contribute to Everything Has A Price (EHAP); $2,500 to contribute to the 2002 Central Florida FBI National Academy Associates State Retaining Conference; and $4,000 to purchase additional exercise equipment for the County Wellness Center. 

 

 2.  Chairman to execute the Grant Application and associated grant documents, as shown on page ______, for the U.S. Department of Justice, Cops Universal Hiring Grant, and authorize processing all associated grant documents. 

 

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

JUDICIAL/CIRCUIT COURT

CONSENT AGENDA

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the Chairman to execute the Grant-In-Aid Agreement, as shown on page _______, for the State of Florida, Department of Revenue. 

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

REGULAR AGENDA

     Planner, Cindy Matheny, addressed the Board to present request for a minor revision to the Final PUD Master Plan and Developer’s Commitment Agreement for ETOR properties PUD, Design Service Group.  She advised the proposed change would amend the permitted uses on Track B, which is west of Sun Drive and south of the Chevron gas station.  She stated the Board previously approved amending the uses on the tract to accommodate a 3-story building with office and retail uses on the ground floor, and condominiums on the second and third floors.  The applicant is now requesting that the tract be approved for construction of a retail strip center with two outparcels.  Staff does not object to the proposed uses on the site, but does have concerns related to the site layout.  The proposed strip center runs north-south along the west side of the property.  Staff recommends that the center be placed along the south property line so that impacts such as noise and lighting will be directed northward, away from the apartments to the south.  They also recommend that the rear of the building be architecturally enhanced to further minimize impacts. 

     Ron Hinson, representing the developer, addressed the Board to express concern with staff’s recommendation to have the commercial building be orientated northward.  He stated they feel the better configuration would be to have their commercial building backing up to the rear of Albertson’s.  He said this will provide a better buffer for the apartments to the south. 

     Upon inquiry by Commissioner Henley, Mr. Hinson advised the refuge dumpsters will be located approximately 200 feet from the edge of the property. 

     Commissioner Morris stated he believes the back-to-back commercial is a better design.  However, he said the key will be the landscaping. 

     Mr. Hinson stated they will put canopy trees in the 12-foot green strip. 

     Upon inquiry by Commissioner Henley, Mr. Hinson stated he would also be agreeable to installing a wall and will not allow a walk-thru from the apartments. 

     Motion by Commissioner Henley, seconded by Commissioner Maloy to approve the minor revision to the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page _______, for ETOR Properties PUD located south of Lake Mary Boulevard and west of Greenwood Boulevard, Design Service Group, with the orientation of the building to remain as is (back-to-back commercial) with the stipulation that there will be a six-foot split-faced block wall along with the canopy trees as proposed. 

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

-------

     Planner, Jeff Hopper, addressed the Board to present request for the Final Master Plan & Developer’s Commitment Agreement for Monroe Commerce Center South PCD, Small Bay Partner LLC.  He advised the developer has agreed to dedicate additional right-of-way and improve Church Street to County standards up to the western boundary of the subject property.  To maintain compatibility with nearby residential property to the east, the developer will limit outdoor lighting in height and intensity and provide buffers and amenitized retention areas along the east property line.  He stated staff recommends approval. 

     District Commissioner McLain recommended approval. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the Final Master Plan & Developer’s Commitment Agreement, as shown on page _______, for Monroe Commerce Center South PCD, located at the southwest corner of Church Street and Monroe Road, Small Bay Partner LLC. 

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

-------

     David Medley, Community Services, addressed the Board to present request for approval of the funding agreement with United Arts of Central Florida, Inc.  He introduced Margot Knight, President of United Arts of Central Florida, and Ron Rose, President of the Seminole Arts Council.  He briefly reviewed Exhibit A of the agreement. 

     Commissioner Henley questioned what type of procedure is used when determining what projects are going to be funded. 

     Margot Knight addressed the Board to explain there is a grant pool just for Seminole County that has its own panel. 

     Commissioner Henley questioned what type of due diligence is done to see if the organization is worthy of public funds.  Whereupon, Ms. Knight stated grant guidelines are followed, which are consistent with the State guidelines.  Discussion ensued.

     Commissioner Henley stated he would like to see a more formalized evaluation process.  

     Commissioner Morris stated he notices that the majority of the money is going to the performing arts and very little going to visual art. 

     Chairman McLain stated it would be nice to have visual arts displayed in public buildings. 

     Ms. Knight stated it generally depends on the requests coming in; and they have not had a lot of requests from the visual arts. 

     Chairman McLain suggested United Arts have a more aggressive outreach for arts other than performing arts. 

     Commissioner Henley agreed, stating he believes Mr. Rose should come back to the Board at a later date on how to have a better strategy for dealing with visual arts. 

     Commissioner Maloy stated he believes the arts should be privately funded, therefore, he will not be supporting the motion. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and authorize the Chairman to execute Agreement, as shown on page _______, between Seminole County and United Arts of Central Florida, Inc. 

     Under discussion, Commissioner Henley stated he is reluctant to approve this until he sees something concrete that will meet some of the objectives that the Board has discussed today. 

     Chairman McLain stated this is an ongoing process and the County’s involvement with United Arts will be one that develops over time. 

     Upon inquiry by Commissioner Morris, Commissioner Van Der Weide stated he would concur that Exhibit A is a suggested model for the Board in receiving more information back. 

     Districts 2, 3, 4 and 5 voted AYE. 

     Commissioner Maloy voted NAY. 

-------

     DCM, Sally Sherman, addressed the Board to present request for recognition of the Smart Biometrics as a “Qualified Targeted Industry” (QTI), advising this is a home-grown company that has developed a gun safe that unlocks by thumb recognition.  She further advised that the City of Sanford approved funding and the County’s portion would be $9,600. 

     Chairman McLain stated the total capital investment for the project is $3,500,000 with a return on investment of .01 years countywide. 

     Cal Keogh, President of Smart Biometrics, addressed the Board to thank Chairman McLain for spearheading this project.  He added that he comes from four generations of Seminole County residents and he will be happy to keep his business here. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-101, as shown on page ________, recognizing Smart Biometrics as a “Qualified Targeted Industry (QTI). 

     Districts 2, 3, 4 and 5 voted AYE. 

     Commissioner Maloy voted NAY. 

-------

     Purchasing Manager, Ray Hooper, presented request to approve ranking list for D/B-607-01/BJC, Design-Building Services for the SR 434 Trail Overpass Cross Seminole Trail Project and authorize negotiations with Jones Brothers Construction, Inc. of Lake Mary. 

     County Engineer, Jerry McCollum, addressed the Board to recommend the Board authorize staff to negotiate first and then come back to the Board with a final Contract.

     Motion  by Commissioner Henley, seconded by Commissioner Morris to approve raking list for D/B-607/BJC, Design-Build Services for the SR 434 Trail Overpass Cross Seminole Trail Project; authorize negotiations with Jones Brothers Construction, Inc., Lake Mary, in an amount not to exceed $2,980,000, including spanning the 75’ easements with equestrian users on the overpass; and to bring the contract back to the Board for approval. 

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

     Commissioner Maloy requested that, in the future, the Board be provided with a picture of the proposals. 

-------

     Deborah Leigh, Code Enforcement, addressed the Board to present an add-on request dealing with the Code Enforcement Lien on Lot 31 Trinity Bay, M.C.D., Inc., owner, and Lot 32 Trinity Bay, Laura P. Barker, owner. 

     Mike Jones, representing the owners, addressed the Board to request the lien be reduced to $1,000. 

     Ms. Leigh stated she would not oppose that reduction. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve reduction to $1,000 for the Code Enforcement Board Lien in the case of #96-13-CEB, for Lot 31 Trinity Bay, Parcel #36-21-30-505-0000-0310, M.C.D., Inc., owner and Lot 32 Trinity Bay, Parcel #35-21-30-505-0000-0320, Laura P. Barker, owner. 

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

-------

     Colleen Rotella, Community Resources Manager, addressed the Board to present the Option Contract for acquisition of the Overstreet property located on US 17/92 within the Spring Hammock Preserve. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to instruct staff to proceed with the Option Contract, as shown on page _______, for acquisition of the Overstreet property located on US 17/92 within Spring Hammock Preserve for a price not to exceed $600,000. 

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

-------

     Ms. Rotella requested direction with regard to the proposed changes to the Option Contract for the acquisition of the Stribley property located in the Spring Hammock. 

     Mike Jones, representing the property owner, stated the Board approved the contract and then presented it to the owner, and there were some changes so the contract must be brought before the Board again.  He suggested that in the future, there be some negotiations with the owners first and then the contract be presented to the Board for approval. 

     Mr. Grace stated that procedure is generally the case and staff will try to make sure this does not happen again. 

     Motion by Commissioner Henley, seconded by Commissioner Maloy to instruct staff to move forward with the Option Contract, as shown on page _______, with due diligence, for the acquisition of the Stribley property located in the Spring Hammock. 

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

-------

     The Board continued discussion until this afternoon’s meeting with regard to the Black Hammock Wilderness Area Proposed Master Plan. 

COUNTY MANAGER’S BRIEFING

     The Board continued discussions until this afternoon’s meeting with regard to the Fire Hydrant Coverage in Seminole County and the Special Projects/Trail Update. 

-------

     The Chairman, thereupon, recessed the meeting at 11:58 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 1, 3, 4 and 5 voted AYE.

PUBLIC HEARING

REZONE/John Coffaro

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1AAA (Single Family Dwelling District); property located on the northwest corner of Stanley Street and Marla Avenue, John Coffaro, received and filed.

     Kathy Fall, Planning, addressed the Board to advise the applicant is requesting the rezoning to develop two single-family lots on 2.1 acres.  She stated staff recommends approval of the request.

     John Coffaro, applicant, addressed the Board to state he supports staff’s recommendations.

     No one else spoke in support or in opposition.

     District Commissioner Henley stated he is satisfied with the work that has been done.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt Ordinance #2002-27, as shown on page ________, approving rezoning from A-1 to R-1AAA; property located on the northwest corner of Stanley Street and Marla Avenue, as described in the proof of publication, John Coffaro.

     Districts 1, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

FIRE HYDRANT COVERAGE IN SEMINOLE COUNTY

     Bob Adolphe, Environmental Services Director, addressed the Board to introduce members of the Environmental Services Department in attendance.  He stated staff has been studying and analyzing this for the past two months.  He displayed and reviewed PowerPoint presentation relating to the Objectives of the Fire Hydrant Locations and the Overview relating to Many Utilities within Seminole County.  He stated there are 7 municipalities in Seminole County and 54% of the population is within those municipal areas. 

     Upon inquiry by Chairman McLain, Mr. Adolphe advised the fire department is contemplating a potential merger of the Altamonte Springs Fire Department and they are working to properly assess those needs.

Mr. Adolphe continued by displaying a map showing the municipal areas in Seminole County.  He displayed a table showing the number of private utilities in the area.  He also displayed a map showing the water service areas in Seminole County and he stated the brown area covers Seminole County utilities.  He reviewed the percentage of the Seminole County Environmental Services Geographical Areas Covered and the Percentage of Population Served; and the Utility Statistics.

     Commissioner Morris entered the meeting at this time.

     Mr. Adolphe displayed and reviewed a map showing Seminole County Water Service Area.  He reviewed the Miles of Water Main; the Number of Hydrants; The Distance Between Fire Hydrants; the Proposed Upgrades and Identified Areas needing New Hydrants, and the areas needing new hydrants.  He stated staff is working on some collaborative projects for West Lake Brantley Drive and the Knollwood Community Association & Utilities, Inc.  He displayed a map and reviewed the proposed two projects.

     Commissioner Van Der Weide stated he would like to know if the County has the ability to analyze the savings to the homeowner’s associations relative to their insurance rates if they did have hydrants that would meet the Public Safety requirements.

     Chief Terry Schenk, Public Safety, addressed the Board to state the County has an ISO rating of 4 in those urbanized areas.  The City of Altamonte Springs area has a 2 and part of the reason they have that is because of the water distribution system in the city.  He stated staff is always supportive of adding more fire hydrants in the County and they have taken steps over the years to put in place mobile water supplies and have beefed up their equipment. 

     Upon inquiry by Commissioner Van Der Weide, Chief Schenk advised the fire tank capability for the residential area off of West Lake Brantley Road is 750 to 1,000 gallons.  The County has portable pumps to get water out of lakes and ponds, and hard suction hoses are available and can be connected to the trucks to draft water out.

     Commissioner Henley stated the concern he has is the West Lake Brantley area is heavily populated but does not have the protection of having fire hydrants close by.  He stated he would like to know if steps have been taken for those areas that are heavily populated, but do not have services, that the fire department can drop hoses in the residents’ swimming pools.  He said an agreement might be worked out with the residents to draw water from their swimming pools. 

     Chief Schenk stated the fire department could get into the neighbors’ pools and pump water.

     Commissioner Van Der Weide asked if staff looked into what it would cost if the County got involved in funding these additional hydrants.

     Commissioner Morris left the meeting at this time.

     Mr. Adolphe stated it is the same cost as extending water service and putting fireplugs on the water lines.

     Mr. Grace stated the problem the County runs into is the residents do not want to pay for it and private utilities do not want to pay for it as well.  Whenever an area wanted water lines, an MSTU would be established and the residents would pay through that program.

     Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting.

     Commissioner Henley stated there should be some way to work this out.  The County is paying one way or the other for the fire trucks to carry extra water because there is no coverage.

     Commissioner McLain reentered the meeting at this time and assumed the position of Chairman.

     Commissioner Van Der Weide stated the money that Commissioner Henley is talking about is used to comply with the Code to give them better service. 

     Upon inquiry by Commissioner Van Der Weide, Mr. Adolphe advised he doesn’t know the exact area where Sanlando Utility is pumping reclaimed water into Altamonte Springs.  The bottom line is it is water line extension and then the fireplugs. The fire hydrants are cheap compared to extending fire service.

     Chairman McLain stated he doesn’t understand why the County can’t heighten public awareness of the lack of the hydrants in some of these areas and encourage the public utilities to come up with a better solution to provide better fire suppression.

     Mr. Adolphe stated if the water quality does not meet stringent guidelines, then that water would be diverted to a rapid infiltration basin rather than being in a charged system.  That is an automatic switch over as required by the Florida Department of Environmental Protection.

     Mr. Grace suggested moving ahead with the hydrants within the County’s service area.  He stated that what he is planning on doing is to try to come up with some ideas, such as sending letters out to the utilities to identify municipal service areas and to come back to the Board with some suggestions on finding a way to pay for it.

-------

     Chairman McLain informed the Board that there is a groundbreaking ceremony scheduled for June 18 for the trail bridge over the interstate.  He stated he believes the homeowner groups in that area would like to participate in that ceremony, and he would like for staff to contact them to inform them of the date and time.

SPECIAL PROJECTS/TRAILS UPDATE

     Frank Van Pelt, Engineering, addressed the Board to state he is here to bring the Board up to date on their progress of the Special Projects/Trails.  He displayed and reviewed a PowerPoint presentation (copy received & filed) of the following:  Current Mission; the Main Priority; and the Current Trail Program that includes 7 Projects of the Design Phase, 3 Projects of the Construction Phase and 14 Projects of the Planning Phase. 

     County Manager, Kevin Grace, left the meeting at this time.

     Mr. Van Pelt continued by reviewing the Projects that are Under Construction.

     Chairman McLain surrendered the gavel to Vice Chairman Maloy and left the meeting at this time.

     Mr. Van Pelt stated the projects under construction include the Seminole Wekiva Trail, I-4 Overpass, SR 434 Overpass and Trails Around the World.  He stated the projects under design are the Cross Seminole Trail, the Kewannee Trail and Flagler Trail.  He reviewed slides of the Seminole Wekiva Trail construction, design process and various innovations. 

     Commissioner Morris reentered the meeting at this time.

     Mr. Van Pelt displayed and reviewed a slide of the Overlook Structure.  He stated by the end of the year, the County will be working with the cities to complete 20 miles of paved trail.  He reviewed Other Projects relating to landscaping and managing special projects. 

     Commissioner McLain reentered the meeting at this time and assumed the position of Chairman.

     Mr. Grace reentered the meeting at this time.

     Mr. Van Pelt reviewed slides of the I-4 & Lake Mary Blvd. landscaping and he stated the total County cost will be $240,000 with reimbursement by FDOT. 

     Commissioner Maloy stated he believes a meeting is scheduled regarding Citrus Road.

     Mr. Van Pelt stated that is in the planning stage at this time.

     Commissioner Maloy stated Black Hammock has a lot of boardwalks and he would like to know if those will be water sealed so that they will last as long as possible.

     Mr. Van Pelt stated the one thing he is looking forward to is how they are going to maintain these.  To help alleviate some of the costs, staff utilizes the decking and recycled material to see if that would take care of some of the sealing problems.

     Commissioner Maloy stated he would like to know if there is going to be a schedule in place to retreat them after so many years. 

     Mr. Grace stated he believes there is a maintenance schedule for the parks in place now.

     Commissioner Morris stated he feels things are going very well with the special projects team.  He stated there has been an enlightened change in terms of cooperation in the outlook and philosophy of how the different departments are working together in this area.

     Commissioner Van Der Weide stated he feels this is a wonderful project and he has been hearing good comments about the trails from the citizens.

CONSENT AGENDA (Continued)

32.  Mr. Grace briefly reviewed the letter sent relating to Amendment #1 to M-274-01.  He advised staff has met with the Commissioners regarding this item during the break. 

     Commissioner Henley stated he raised the question of concern this morning relating to the time this has been going on and he was concerned with some of the allegations that were not substantiated.  He stated he doesn’t have a problem with the amount of money requested.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve Amendment #1, as shown on page ________, to M-247-01/BJC, Air Quality Consultant Services for the Sheriff’s Office and Public Safety Building Remediation project, to Bailey Engineering Corp., Palm Beach Garden, (not-to-exceed $200,000)(Time Extension).

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

REGULAR AGENDA (Continued)

     Jim Duby, Community Resources Division, addressed the Board to request authorization to proceed with the proposed master plan of the Black Hammock Wilderness area.  He stated two community meetings were held and the physical features of the site are that there are a lot of wetlands and there is very limited public right-of-way.  He said staff will be working with the community if any problems arise after the property is opened.

     Commissioner Morris stated issues were raised relative to the location of the parking area and the road not being paved.  Another point that the citizens raised is whether the County is going to install a gate with a lock on it.

     Mr. Duby stated that could be done.  A neighbor has volunteered to open and close that gate.

     Commissioner Morris stated he would recommend doing some kind of a review within a year after this park is opened regarding the preconditions and post-conditions on Howard Avenue  This way the residents will know that the County is checking the conditions of that.

     Upon inquiry by Commissioner Morris, Mr. Duby advised the drainage pipe in Salt Creek was addressed and he will get with the Public Works staff on that issue.  He stated this will be a natural parking area with shell rock and a speed limit sign will also be posted.

     Commissioner Morris stated the culvert east of Van Arsdale needs to be reviewed as well to make sure that will not have an impact.

     Chairman McLain stated it sounds like the Board needs to continue this item, as he does not feel comfortable voting on this at this time.

     Upon inquiry by Commissioner Henley, Mr. Duby indicated on the map where the Van Arsdale culvert is located.

     Commissioner Henley stated this has been an ongoing problem and is not related to this.

     Chairman McLain stated if the Board is going to move forward with this, then they should move with the staff recommendations.

     Upon inquiry by Chairman McLain, Mr. Duby stated staff has had similar situations on Curry Road.

     Chairman McLain stated he has concerns locking up natural lands areas when they do not do that to the others, and with the citizens having the responsibility for opening and locking the gate.  He stated he feels staff should be responsible for opening and closing the public facilities and not the citizens.

     Mr. Duby stated this represents their best effort.

     Chairman McLain stated when the natural lands referendum was passed, it was the intention to open these properties for the citizens to enjoy.  He stated if this is one that doesn’t need to be opened because of too many problems, then he doesn’t think the County should open it.

     Upon inquiry by Commissioner Maloy, Bill Kirchhoff addressed the Board to state the other culvert that was discussed is located on Wichita Avenue and it is east of Van Arsdale.  He stated the other road that needs looking at is Barr Street. 

     Commissioner Van Der Weide left the meeting at this time.

     Mr. Kirchhoff stated the County has a 60 ft. right-of-way along Barr Street and then it turns into the Cochran Trail and it hasn’t been improved.  If anyone is using this property, there will be traffic going down Barr Street or down Howard from Stone Street.  The drainage district on Barr Street was formed in 1917 and that has not been cleaned out in probably 50 years.  He indicated where the other access to the property is located and where Howard Street hits the corner of the property and he stated it is very sandy.  People will get stuck out there if they do not have 4-wheel drive vehicles.  The road is not up to County standards and if the County is going to use this for parking purposes, then they need to look at what kind of maintenance is going to be put on that road.

     Mr. Grace stated the County may need to look at some options to see if they can do some improvements to go in conjunction with this plan.

     Mr. Kirchhoff stated there is no County right-of-way on that ditch at all and he knows the landowners would like to give the County the right to maintain it.  Discussion ensued.

     Chairman McLain stated he has concerns spending thousands of dollars on the boardwalks in advance and the public not being able to use property.  He stated he feels the County needs to work out the access issue first. 

     Commissioner Morris recommended bringing the drainage issues back in the fall. 

Chairman McLain stated he feels the Board can approve the master plan based on not proceeding with any of the improvements until the access issue has been addressed.

     Motion by Commissioner Morris, seconded by Commissioner Henley to authorize staff to approve the Master Plan of the Black Hammock Wilderness area and withhold implementation of the plan until the County Manager can bring back solutions to the access and drainage issues at a later date, and authorize staff to hold another neighborhood meeting. 

     Districts 1, 2, 4 and 5 voted AYE.

CHAIRMAN’S REPORT

     No Report.

COMMUNICATIONS AND/OR REPORTS

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

1.        Letter dated May 24, 2002 from Thelma McPherson, City Clerk/Casselberry, to Chairman RE:  Annexation of Middleton Area Properties effective May 23, 2002.  (cc:  Board, Planning & Development Director, Planning, Supervisor of Elections, Property Appraiser)

 

2.        Letter dated May 31, 2002 from John Saboor and Kevin Coulthart, Central Florida Sports Commission, to Chairman RE:  submittal of April 2002 Activities Report.  (cc:  Board, Co. Manager, Deputy Co. Managers, Tourism)

 

3.        Letters of appreciation from Kenneth Roberts, Public Safety Director to Paul Dane, Susan Fendley and Whisper Lake Apartments in appreciation for recent donation to Animal Services. 

 

4.        Letters dated May 31, 2002 from Tyra Miller, Seminole County Property Appraiser’s Office, to Chairman RE:  estimated taxable values by jurisdiction.  (cc:  Board, County Manager, Fiscal Services Director)

 

5.        Copy of Memorandum dated May 31, 2002 from Becky Noggle, Environmental Services Department, to Sandy McCann, County Commissioners Records, RE:  Submissions into County Records.  (cc:  Board, County Manager, Environmental Services Director)

 

6.        Letter dated May 22, 2002 from H. W. Bill Suber, Seminole County Property Appraiser, to Chairman RE:  Total ad valorem tax levy on the 2001 County Tax Roll.  (cc:  Board, Co. Manager, Deputy County Manager, Fiscal Services Director)

 

7.        Letter dated May 28, 2002 from Joseph Lung, Chairman of Lake Howell Environmental Protection Association, to Chairman RE:  the false use of the Association’s name by other parties.  (cc:  Board, County Manager, Deputy County Manager, Stormwater)

 

8.        Notice of Public Hearing RE:  Amendment to Development Agreement and Development Plan for River Oaks Reserve PUD. (cc:  Board, County Manager, Planning)

 

9.        Notice of change of Future Land Use and Zoning Designation from the City of Casselberry.  (cc:  Board, Planning, Supervisor of Elections)

 

10.         Notices of Ordinances from the City of Sanford for the annexation of property at 3901 Sanford Avenue and 1270 Upsala Road.  (cc:  Board, Planning, Supervisor of Elections)

 

11.         Letters of appreciation from Kenneth M. Roberts, Public Safety Director, to Rae Huebner, Denise Slowik and Danielle Kenerly for recent donations.

12.         Letter dated May 24, 2002 from Geraldine Zambri, City of Longwood, to Co. Manager RE:  Submittal of Ordinance for Annexation.  (cc:  Board, Planning & Development, Supervisor of Elections, Property Appraiser)

13.         Copy of letter dated May 21, 2002 from Richard Wells, City of Casselberry Community Development Department, to County Manager RE:  Annexation of property into the City of Casselberry.  (cc:  Planning & Development, Planning, Supervisor of Elections, Property Appraiser)

14.         Letter dated May 24, 2002 from Barbara Barbour, City of Oviedo, RE:  Submittal of Ordinance Annexing property into the City of Oviedo.   (cc:   Board, Planning & Development, Planning, Supervisor of Elections, Property Appraiser)

15.         Copy of letter to Kevin Grace, County Manager from Ronald McLemore, City of Winter Springs, dated May 24, 2002 RE:  City Commission support of a skateboard facility being included in Jetta Point Park.  (cc:  Board, City of Winter Springs Mayor and Commission)

 

16.         Copy of letters from Jane Peterson, Library Services Manager, to Seminole County Public Library East Branch Staff, Seminole County Public Library Central Branch Staff and Winter Park Coterie in appreciation of recent donation.

 

17.         Copy of letter dated May 31, 2002 from Chairman to Richard Crotty, Orange County Chairman, RE:  the institution of a “local preference” program penalizing businesses outside Orange County in the Orange County procurement process.  (cc:  County Manager, Purchasing Manager)

 

18.         Memorandum dated June 5, 2002 from Kirby B. Green, Executive Director, St. Johns River Water Management District, to Chairman RE:  Severe Water Shortage within Lake, Marion, Orange, Polk, Seminole and Volusia Counties and accompanying order of same. (cc:  Board, Co. Manager, Deputy County Managers, Environmental Services Director, Public Works Director)

 

19.         Letter dated May 31, 2002 from Jennifer Bencie, Administrator, Seminole County Health Department, to Chairman RE:  Transmittal of Quarterly Report for the 2nd Quarter 2001/2002.  (cc:  Board, County Manager, Community Services Director)

 

20.         Copy of letter dated May 9, 2002 from Wanda Chandler to Channel 2 News, RE:  The putting to sleep of cats at the Seminole County Humane Society. (cc:  Board, Animal Control, Humane Society)

 

21.         Letter dated June 5, 2002 from Ed Posey, Executive Director, Central Florida Zoological Park, to Chairman RE:  appreciation of County’s support and acknowledgement of incremental payment.  (cc:  BCC, CM)

 

22.         Copies of letters from Jane E. Peterson, Library Services Manager, to the Lake Mary Woman’s Club, Mr. & Mrs. Kenneth Preston, Wal-Mart Foundation RE:  appreciation for recent donations.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley stated staff has been dealing with the sod on Citrus Street and he received a phone call from a lady not being satisfied with this.  He stated staff is still planning to monitor this and there has to be an understanding that the homeowners are not required to water County right-of-way.  Staff has made a significant effort in trying to resolve any issues that the County has caused.

COMMITTEE REPORTS

     Commissioner Henley stated the Seminole County School Readiness Coalition and the Seminole County School Board are working on points to be considered relating to the Pre-K program and they will be sharing same with this Board at an appropriate time. 

DISTRICT COMMISSIONER’S REPORTS (Continued)

     Chairman McLain recommended appointing Debra McMenemy to the Animal Control Board for a term ending 12/31/2006, and to send a letter to Karen Hart thanking her for her services on same.

     Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint Debra McMenemy to the Animal Control Board for a term ending 12/31/2006; and adopt appropriate Resolution #2002-R-99, as shown on page _______, to Karen Hart commending her for her services to said Board.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Chairman McLain stated another meeting was held with the City of Sanford relating to the Celery Avenue issue.  He stated he indicated to the City of Sanford that they should consider capping their density to 3 units per gross acre rather than 6 units per acre.  The City has conceptually agreed to that.  He said if the County moves forward with any land use changes, they would have to enter into an Interlocal Agreement before the County would agree to forward anything to the DCA.  He added the City of Sanford has also agreed to do a scenic overlay on Celery Avenue.  Staff is prepared to move this forward in the 2002 fall cycle public hearings. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to authorize scheduling public hearings for the Fall 2002 Cycle relating to property along Celery Avenue.

-------

     Commissioner Maloy submitted copies of maps (received and filed) of Citrus Road.  He stated he has met with property owners along Citrus Road and there are three pieces of property that access this road.  The County owns one and Terry Singleton owns the others.  This is on the road-paving program and the Road Department indicated that it would cost between $55,000 to $65,000 to pave Citrus Road.  He stated there are several reasons why the County might want to purchase the remaining private parcels and then close Citrus Road and not put a road there.  In looking at the tax dollars, the County would save money by not building a road if they can get the property for less than what it would cost to build a road.

     Upon inquiry by Commissioner Henley, Commissioner Maloy stated it used to be a dirt road and it wasn’t maintained very well.  When the road was closed, the contractor sodded it.  He advised the Property Appraiser has the lots valued at $28,000 each. 

     Upon inquiry by Commissioner Morris, Commissioner Maloy advised Mr. Singleton is interested in selling the property for the value indicated by the Property Appraiser.

     Commissioner Morris stated he feels the Board should look into the evaluation if the property owners are willing to sell. 

     Mr. Grace stated staff can look at the idea of purchasing those properties.

     Jerry McCollum, County Engineer, advised staff would like to do a cost analysis and the key is if the property owners are willing to do this.  He stated he feels it would be beneficial to do so.  He said staff will evaluate this and get back to the Board in two weeks.

COMMITTEE REPORTS (Continued)

     Commissioner Morris stated the next large public involvement meeting with the Seminole County Regional Study meeting will be held at the Orlando Science Center during the second week of July.  This will be on the regional study on the 13 different sectors of what is all of Central Florida, how they can improve it and what are the challenges.  He stated the parking fees to the Science Center will be waived during that time.

-------

     Commissioner Morris stated Lake Mary High School is going to be under construction and they are going to lose their tennis courts up to a year or more during this construction process.  He stated the High School would like to use the facilities at Greenwood Lakes Park and they are asking the Board to waive the fees.

     Motion by Commissioner Morris, seconded by Commissioner Henley to waive the fees for a period of one year for the Lake Mary High School to use the Greenwood Lakes Park tennis court facilities, while the school is under construction.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Upon inquiry by Commissioner Morris, Chairman McLain advised he will be unable to attend the Expressway Authority scheduled for 4:00 p.m. today.

------

     Chairman McLain stated the County has been working with Volusia County and Congressman Mica relating to the connector from I-95 to the GreeneWay to help alleviate traffic.  He stated an organization called Florida for Environmental Accountability and Reform and the Friends of Lake Jesup sent letters to the Corp. of Engineers objecting that this roadway would put more cars on Hwy. 415 and would impact the river.  These organizations also felt that additional aircraft at the airport will have negative impacts on the lake.  He stated the County has worked diligently to get improvements done to Lake Jesup.  He said it is interesting that the Friends of Lake Jesup are now attacking this roadway and trying to slow down this process.

     Mr. McCollum stated staff is trying to obtain a permit from the St. Johns River Water Management District at this time.  He stated he received a letter from the Corp of Engineers yesterday and they indicated that they are holding up the permit for 30 days until staff responds to these questions.  He stated he doesn’t believe that this is anything that will make them realign any part of the road.  He added this is an issue that they have to deal with and they have also contacted Mr. Larry Dale at the Orlando Sanford Airport regarding this, as this will impact the land in that area. 

     Chairman McLain stated he made it clear to the Expressway Authority that he thought the best mitigation plans for this roadway was to solve the berm problem that SR 46 has placed on water circulating through that lake.  This is an opportunity, if this roadway is constructed, of having millions of dollars added to enhancing the mitigation of Lake Jesup.  He said he has concerns that some of the citizens are trying to place a roadblocks on this and not communicating with the Board.

COUNTY MANAGER’S REPORT

     Mr. Grace stated staff will need to secure services of an owner’s rep for the proposed convention center.  He stated he needs to know if the Board would like to utilize the owner’s rep that they have under the current master contract or would they rather go out with another RFP to select another vendor.

     Commissioner Morris stated when they did the owner’s rep, he thought they did that just for one project.  He stated he feels a convention center has all kinds of different issues and an RFP would be appropriate.

     Chairman McLain directed staff to prepare an RFP.

-------

     Mr. Grace reminded the Board that there will not be a regular meeting in two weeks (June 25) and the next regular meeting is scheduled for July 9, 2002.  He stated the Budget Work Session is scheduled for June 20, 2002.

     Upon inquiry by Commissioner Maloy, Mr. Grace advised he is not sure staff will be targeting the funding of the convention center during the budget work session, but that issue can be discussed.


ITEMS FOR FUTURE AGENDA

     Bill Kirchhoff submitted a copy of his billboard permit timeline (received and filed) and he stated he is here to request the Board to direct staff to approve a permit for his billboard.  He stated he has gone through the process and he has done everything he was supposed to.  He added he feels he has been within the time limit and the moratorium does not apply to him. 

     Don Fisher, Planning & Development Director, addressed the Board to state he could not find where staff would have intentionally delayed an application.  He also could not find anything in the Code where staff would have been required to make some determination that would have caused the delay of the application. 

     Chairman McLain stated he doesn’t know if this is the appropriate time to deal with this.

     Upon inquiry by Commissioner Henley, Mr. Fisher advised he believes the December 2000 date refers to a letter that was sent to the FDOT indicating that an application would be processed up to a certain level.  It did not mean that staff approved the building permit nor did they approve the site plan. He said the site plan was not approved until January 26, 2001.  

     Chairman McLain stated the Board needs to decide whether or not they want to discuss this as an agenda item at the next Board meeting. 

     Upon inquiry by Commissioner Morris, Stephen Lee, Deputy County Attorney, addressed the Board to advise that Mr. Kirchhoff and his representative were informed that if there is recourse it is not provided in the Code and it would have to go through the judicial system. 

     Commissioner Maloy stated he has no problem hearing this at a future Board meeting.  He stated it was clear that Mr. Kirchhoff was in the process prior to the July 2000 deadline.

     Commissioner Morris stated Mr. Kirchhoff had ample opportunity to appeal this and he chose not to.  The issue here is this is going to affect other applications.  He stated he would object to bringing this issue back at the next meeting.

     Commissioner Henley stated he remembers discussions they have had relative to the soils out there and staff taking one position and the applicant taking another position.  Apparently that was resolved in the applicant’s favor.  He stated he has no problem hearing this again.

     Chairman McLain requested staff to prepare a briefing on the outstanding billboard permits involving the moratorium to be discussed during the second meeting in July.

-------

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:20 p.m., this same date.

 

 

ATTEST:______________________Clerk______________________Chairman

sm/er