BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JUNE 8, 2004
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m. on Tuesday, June 8,
2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA,
the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
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
Absent:
Vice Chairman Grant Maloy (District 1)
Chairman
McLain made comments of tribute to former President Ronald Reagan and asked the
audience to stand with him in a moment of silence in Mr. Reagan’s honor and
memory.
Commissioner
Morris thanked the Commission for their action taken previously to change
Highway 427 road name to Ronald Reagan Boulevard in his honor. He advised that President Bush has declared
this Friday as a National Day of Mourning and the Stock Exchange and Federal
Government will be closed. He asked
that the County also honor that day with the County employees, except for
essential services.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, that Seminole
County declare this Friday, June 11,
2004, as a holiday for a day of remembrance
and education in honor of the late President Ronald Reagan.
Under
discussion, Commissioner Henley asked for clarification if this is a one-time
or annual event. Commissioner Morris
advised this is a one-time event.
Commissioner
Henley stated they are experiencing the passing of a great man who had a great
deal of influence on this country.
Commissioner
Van Der Weide stated he is proud to be associated with people in a country who
had the kind of leadership of former Presidents Reagan and Eisenhower. He said they have to pray to continue to
have that kind of leadership and dedication to public service.
Districts
2, 3, 4, and 5 voted AYE.
Chairman
McLain instructed County Manager Kevin Grace to move forward with that
initiative.
-------
The
Invocation was given by Captain Reckline of the Salvation Army.
Sanford
City Commissioner Art Woodruff led the Pledge of Allegiance.
Awards and Presentations
Peter Burnell, Florida Trail Association, addressed the Board to present the Florida Association’s Friend of
the Trail Award in recognition of the Board’s efforts regarding the Florida
National Scenic Trail and continued support of the Florida Trail
Association.
Howard Pardue, FNST
Coordinator, also addressed the Board to state it has been a great pleasure to
work with the professional staff that has made the partnership efforts
possible. The group representatives
presented a plaque to Chairman McLain and coasters to each Commissioner.
Commissioner Morris
stated it’s the volunteers and gentlemen like Mr. Wiley who actually mapped out
a large portion of this section through the County. A lot of the original wanderings is where the trail is actually
going. He said without Mr. Pardue’s
involvement and the work of the State, this could not be done. He said the County is following their
vision. He thanked them for their
thoughts.
Commissioner Van Der
Weide expressed his thanks and appreciation.
Chairman McLain thanked
the citizens of Seminole County who taxed themselves through the trails
referendum to build trails in the County.
The citizens also taxed themselves to buy natural lands to set aside for
future generations.
Commissioner Van Der Weide
added his thanks to the citizens for this kind of support. He said the biggest asset they have in the
County are the volunteers and he expressed the Board’s appreciation for them.
Commissioner Morris
commented how the Board has been able to leverage the tax money the citizens
provided. He explained that for every
dollar of tax money, matching dollars have come in from the State, so the
County is getting two times the value for the dollar and is able to do a lot
more. He said there will be a lot of trails
opening over the next two years, and there will be many more celebrations like
Chairman McLain attended this past week.
Whereupon, Chairman
McLain reported on the celebration held recently in Lake Mary where many
homeowners associations banded together and started an initiative to enhance
the trail and raised well over $200,000 to do so. They are still raising money, along with the City of Lake Mary,
the County and the business community.
He thinks they will see more of this throughout the County as time moves
forward.
-------
Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley, to adopt appropriate Resolution #2004–R-94, as shown on page _______, proclaiming
the month of July as “Recreation and Parks Month”.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner
Van Der Weide presented the Resolution to Brian Volk, Vice Chairman of the
Parks and Recreation Board, who expressed thanks to the Board and said the
parks and the trails are positive things for the citizens of all ages.
-------
Motion by Commissioner Henley, seconded by
Commissioner Morris, to adopt appropriate Resolution #2004-R-107, as shown on page _______, proclaiming the
week of June 20-27, 2004 as “Amateur Radio Week”.
Districts
2, 3, 4, and 5 voted AYE.
Commissioner
Henley presented the Resolution to Michael Welch with other members of the
Amateur Radio group. Mr. Welch
expressed thanks and invited the Board to their Field Day on Saturday, June 26
and 27 at Central Winds Park in Winter Springs.
-------
Sanford City Commissioner
Art Woodruff addressed the Board to
make a PowerPoint Presentation (CD and paper copies were received and filed) of
the Sanford YouthBuild Program for Sanford/Seminole County. He distributed handouts (copies received and
filed) to the Board for review.
Commissioner Woodruff said the City is working on a HUD grant for
$400,000 to get the Sanford program started.
He showed a video of the 20-year YouthBuild Program. He advised the grant is due July 2, 2004 and
he hopes to have the program started by September 5 or sooner. The City Commission will address this again
at their next meeting.
Chairman McLain thanked
Commissioner Woodruff for the energy he’s putting into this program. He said he is sure the County is interested
in seeing that this program is successful.
Upon inquiry by
Commissioner Henley, Commissioner Woodruff said they have met with the School
Board. Commissioner Henley said he
hopes that contact continues as there is a shortage in the County for trade
businesses. He stated the Board has a
great deal of leverage if they exercise it in seeing that this program is
supported. He said the County initiates
a lot of construction contracts and have a lot of leverage to see people
support this program. The City of
Sanford does that for their contracting also.
Upon inquiry by
Commissioner Morris, Commissioner Woodruff stated the program will be expanding
into other areas of the County, and the City will be asking the County for
endorsement of the grant proposal.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide, to endorse the Sanford YouthBuild Program for
Sanford/Seminole County, as presented, as shown on page ________.
Districts 2, 3, 4, and
5 voted AYE.
Commissioner Woodruff
advised he will meet with the same group that the School Board uses for their
trades program and will look to develop a partnership with them.
-------
Chairman McLain said he had the opportunity to go to Winter Park for a
SBA express loan presentation. He said
as he listened to the presentation, he saw some opportunities for the County to
use this for a resource for the 17-92 redevelopment program and for the
initiative in supporting small businesses.
He said this is the only express loan center in this area. He asked if the presenters would like to
come and let the Board hear more about this on a first-hand basis.
Donald J. McGowan,
President and CEO, BankFIRST SBA Express Loan Center, addressed the Board to
state this is a community-owned commercial bank. He introduced others with him:
Joe Desousa, Area President in Sanford; Karen Strickland, Goldenrod area
and all of southern Seminole County; and Marcia Smith-Bell. He gave a PowerPoint Presentation (copy received
and filed) on the Express Loan Center.
He reviewed the following: 504
Loan Program; USDA Rural Development and Industry Loans; and the Farm Service
Agency Loan Program.
Chairman McLain said
when they talk about redevelopment of 17-92 and all the businesses that need
upgrades and the expansions they want to make, this is a tool and the County
needs to make sure the businesses are knowledgeable of it. He thanked Mr. McGowan for coming to make
this program known and available to Central Florida.
Commissioner Henley
said this bank is to be commended for its efforts.
Commissioner Morris
thanked Chairman McLain for bringing this to the Board’s attention. He said this was a very good report, and he
appreciates the efforts of BankFIRST.
He thinks this presentation, to the extent they are legally permitted to
do it, would be good for the WEB site or show the video of this meeting.
Chairman McLain stated
they need to make sure the people at the incubator are aware of this tool. Mr. McGowan left additional copies (received
and filed) of information packets for the County’s use.
-------
Chairman McLain
recessed the meeting at 10:38 a.m. and reconvened at 10:53 a.m.
Bob Briggs, Environmental Services Manager,
addressed the Board to explain the $612,000 figure to Commissioner Henley. He advised Commissioner Morris that he
provided the documents to the appropriate staff for presenting the budget
amendment request.
6. Approve and
authorize Chairman to execute the Florida Power & Light and Bright House
Networks Utility Easements, as shown on page _______. This effort is a necessary element to the burial of utilities on
the 17-92 area in front of the Criminal Justice Courthouse project, and allows
for the removal of the power/utility poles currently carrying the wires
overhead.
9. BCR #04-33 – $23,466 –
Information Technologies – Information Services – Fund: 00100 – General
Fund. Accounting adjustment only to
properly account for maintenance costs included in the contract for purchase of
the new Project Management software for Environmental Services.
10. BCR #04-34 – $111,774 – Planning & Development – Community
Resources – Fund: 32100 – Planning – Trails Fund. Construction of Wilson’s Landing Park (Hutchinson property) is
under contract. The contractor has
submitted several change orders and contract amendments which were approved on
1/13/04 and 3/23/04 by the Board of County Commissioners. This action transfers
funding to the appropriate line to fund these changes.
11. BCR #04-35 – $35,000
– Information Services – Information Technologies – Fund: 00100 – General
Fund. Accounting adjustment to place
funds in correct account lines to purchase backup software according to
capitalization requirements.
12. BCR #04-36 – $30,000 – Information Services – Information
Technologies – Fund: 00100 – General Fund.
Additional overtime has been required this year to support special
projects (JJC renovation, new Library telephone system, security remediation),
vacancies, and anticipated future overtime related to the Criminal Justice
Center. Various security issues that
have occurred over the past several months have required Information
Technologies to augment staff coverage after hours to load updates and
patches.
13. BCR #04-37 – $80,000 – Information Services – Information Technologies – Fund: 00100 – General Fund. Transfer of funds to cover annual maintenance contract for the J.D. Edwards system.
14. Adopt appropriate Budget Amendment Resolution #2004-R-108, as shown
on page _______, $1,953 – Public Safety: 00100 – General Fund. These funds were donated by the American
Heart Association in support of the Seminole County Public Access to
Defibrillation (PAD) Program for the purpose of hosting an Informational
Breakfast/Luncheon Event.
15. Adopt appropriate Budget Amendment Resolution #2004-R-109, as shown on page _______, $2,314 – Public Safety: 11908 – Disaster Preparedness Grant. Revenue adjustment to reconcile budgeted funding to final grant award.
16. Adopt appropriate Budget Amendment Resolution #2004-R-110, as shown
on page _______, $222,000 – Environmental Services: 40100 – Water &
Wastewater Fund. Based on the Board of
County Commissioners approval on May 25, 2004 to purchase the Florida Water
Services Utilities this action will place funds into the proper accounts to
accommodate the costs associated with the operation of the Utilities. This amendment includes the addition of 7
positions and the operating costs for the last quarter of Fiscal Year
2003/04. It also includes the
associated capital needed to implement this project.
MSBU
17. Adopt appropriate Resolution #2004-R-111, as shown on page _______, establishing annual maintenance assessments for two aquatic weed control MSBU’s (Lake Pickett and Howell Creek) and one landscape maintenance MSBU (Cedar Ridge).
18. Approve and authorize Chairman to execute Satisfactions of Lien, as
shown on page _______, for properties in the Black Hammock Phase III (Genova
Woods) Water Service Municipal Services Benefit Unit for the following: Tommy D. Scarborough; Roger B. Butcher (2);
Paul E. DeJong; Jeffrey D. & Jill K. Woodard; Frank Pierce & Suzette
Beauchamp; Scott M. & Mary Callaway; Roger W. & Peggy D. Clem; Melvin
& Marta Graeven; Laura Greico; Neil R. Euliano (2); John N. & Alicia D.
Kane; Kathryn W. Benitez; Larry L. Burns; Marc K. Massar; Lawrence M., Jr.,
& Elizabeth L. Laychur; and Thomas J. & Nancy K. Collyer.
19. Award CC-1234-04/TLR, as shown on page _______, Improvements to
Markham Road from Longwood Markham Road to Markham Woods Road to Florida
Highway Products, Inc., Bartow ($269,996.00).
20. Approve Ranking List, Authorize Negotiations, and Award a Master
Agreement, as shown on page _______, for PS-5156-04/AJR, Construction
Engineering and Inspection Services for Airport Boulevard, Phase II and III, to
Post Buckley Schuh & Jernigan, Inc.
21. Approve Ranking List, Authorize Negotiations, and Award a Master
Agreement, as shown on page _______, for PS-5159-04/AJR, Construction
Engineering and Inspection Services for Lake Emma Road (Lake Mary Center to
Sand Pond Road) to CPH Engineers, Inc.
22. Approve Ranking List, Authorize Negotiations, and Award a Master
Agreement, as shown on page _______, for PS-5160-04/AJR, Yankee Lake Basin
Engineering Evaluation and Drainage Inventory, to Camp, Dresser & McKee,
Inc.
23. Approve Amendment #4, as shown on page _______, to RFP-460-99/BJC,
Appraisal Services for East Lake Mary Boulevard/Silver Lake Drive, Segment I
(from Sanford Avenue to East Ohio Avenue), with Clayton, Roper & Marshall,
Inc., Altamonte Springs (June 15, 2004 through June 15, 2005).
25. Approve and authorize Chairman to execute a
Satisfaction of Rehabilitation Loan Agreement & Restrictive Covenant, as
shown on page _______, for a household assisted with emergency repair
assistance under the Seminole County Emergency Repair Housing Program Grant
Agreement (Marie A. Odom).
26. Approve and authorize Chairman to execute the
Subrecipient Agreement, as shown on page _______, with the Center for
Affordable Housing, Inc. to acquire and rehabilitate real property for the Lisa
Merlin House.
Development Review
27. Approve minor plat for Stonecrest Subdivision,
a three (3) lot residential minor plat on approximately 11 acres, located on
the north side of Horse Lovers Lane, Altamonte Springs, FL (William
Vallancourt).
28. Approve Final Plat for Madison Place Townhomes
on 6.06 acres zoned PUD located on Tuskawilla Road south of Red Bug Road
(Centex Homes).
29. Approve Final Plat for Madison Creek comprised
of 46 single-family residential lots, 9,000 sq. ft. or greater on 19.78 acres
zoned R-1A, located on Tuskawilla Road south of Red Bug Road (Centex
Homes).
30. Approve Final Plat for Highcroft Pointe
Townhomes located on the west side of Wekiva Springs Road approximately 313+
feet south of the intersection of East Lake Brantley Drive (Centex Homes).
Planning
31. Approve request for Special Event Permit for
Sweet Bandits Bakery for a musical performance to be held at 2520 Ronald Reagan
Boulevard on either Saturday June 12, 2004 or Saturday June 19, 2004 from 12:00
PM to 4:00 PM (Suzanne Montero).
32. Authorize scheduling and advertising public
hearings to consider amendments to the Seminole County Land Development Code,
Chapter 2, Definitions, Chapter 30, adding Urban Conservation Village Design,
and Chapter 35, Subdivision Regulations.
33. Approve and authorize Chairman to execute
Certificate of Public Convenience and Necessity Two-Year Renewals, as shown on
page _______, for the Seminole County EMS System including Casselberry, Lake
Mary, Longwood, Oviedo, Sanford, Seminole County and Winter Springs Fire
Departments.
34. Approve and authorize Chairman to execute
Certificate of Public Convenience and Necessity One-Year Renewals, as shown on
page _______, for Rural/Metro Corporation of Florida d/b/a Rural Metro Ambulance,
Florida Hospital, Central Florida Ambulance d/b/a American Ambulance of Central
Florida, and Orlando Regional Healthcare System.
Districts 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to
approve and authorize the following:
39. Approve proposed settlement relating to Parcel Numbers 121 and 122
of the Huntington Pointe Homeowners Association, Inc. and their easement
interest in Parcel Numbers 118 and 119 of the Lake Emma Road improvement
project, located at the intersection of Hanging Moss Circle and Lake Emma Road,
in the amount of $27,801.16 for land value, improvements, easement interest,
attorney fees and costs.
40. Approve proposed
mediated settlement relating to Parcel Numbers 123 and 133 of the Lake Emma
Road improvement project, Recoton Property, located at 1090 Lake Emma Road and
2950 Lake Emma Road, respectively, in the amount of $160,000.00 inclusive of
land value, improvements, statutory interest, attorney’s fees and cost
reimbursement.
41. Approve and execute
Purchase Agreement, as shown on page _______, and related Extended Possession
Agreement, as shown on page _______, relating to Parcel Number 152 of the Lake
Drive road improvement project, Frank Dietrick property, located on the west
side of Azalea Avenue, in the amount of $210,000.00, inclusive of fees, costs
and expenses.
42. Authorize Binding Written Offers relating to
Parcel Numbers 104, 105/705, 106/706, 107/707, 108, 109, 110, 111, 112/712,
115, 715, 116/716A/B, 117/717, 118/718, 121/721, 122/722, 124, 128, 129, 130,
131, 132, 133, 134, 135, 136, 173, 242, 1737/1837, 1739, 1740, and 1838 of the
Lake Drive road improvement project.
Districts
2, 3, 4, and 5 voted AYE.
Constitutional Officers Consent Agenda
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and
authorize the following:
43. Expenditure Approval Lists, as shown on page _______, dated May 7,
17 & 24, 2004.
44. Chairman to execute the following Satisfactions of Judgment/Court
Costs and Application of Indigency Fee:
Joseph G. Baker, #94-3631-CFA - $255
Faith L. Wigglesworth, #96-3312-CFC - $255
Jonathan Frick, #98-1711-CFA - $40 Application of Indigency Fee
Daniel L. Ramos, #98-2551-CFA - $368
Daniel L. Ramos, #98-2279-CFA - $368
Gregory Mills Smires, #01-1330-CFA - $328
Andrew Howell Fischer, #01-4855-CFA - $328
45. Approval of BCC Official Minutes dated May 11, 2004.
Sheriff’s Office
47. Approval by the Board of County Commissioners to utilize $9,500 in Law Enforcement Trust Funds for the following: $500 contribution to the Tajiri Arts Program; $2,000 contribution to the Central Florida YMCA's Youth Scholarship Program; $1,000 contribution to STAND, Inc.; $3,500 contribution to Sheriff's Office Explorer Post 517 in support of the Post’s College Scholarship Program; $1,000 contribution to the Lisa Merlin House, Inc. in support of their residential treatment program for women; $1,000 contribution to the Rescue Outreach Mission; and $500 contribution to the Central Florida TRIAD.
Under
discussion, Penny Fleming, Sheriff’s Office, addressed the Board to advise
Commissioner Henley that they do not look at the amount of funds already given
to the different agencies when they request funding from the Sheriff. She said they do ask for a letter
identifying their needs. Commissioner
Henley said he hopes the Sheriff’s Office begins looking at that. He said the agencies come to the Board and
then go to the Sheriff, and their total resources are coming out of
governmental assets instead of trying to solicit and raise additional funds.
Ms.
Fleming stated a lot of the requests are for specific needs the agencies have
not budgeted for and her office looks at that.
Districts 2, 3, 4, and 5 voted
AYE.
-------
The
Board noted, for information only, the following Clerk’s “received and filed”:
1. Documents,
as shown on page _______, for submission as follows for: Lake Drive - Corporate Warranty Deed
granted by Sturbridge Oaks Community Association, Inc.; Title Insurance Policy
No. A81-0142855; General Warranty Deed granted by Austin N. and Virginia L.
Malcomb; Title Insurance Policy No. A81-0142850; Temporary Construction
Easement granted by Austin N. and Virginia L. Malcomb; General Warranty Deed
granted by John P. and Pamela J. Anderson; Title Insurance Policy No.
A81-0142851; Temporary Construction Easement granted by John P. and Pamela J.
Anderson; Corporate Warranty Deed granted by Resource Alliance, Inc.; and Title
Insurance Policy No. A81-0142856; Lockhart-Smith Canal - Permanent
Drainage/Stormwater Easement granted by Thomas Sheipe and Margaret P. Flores;
Title Insurance Policy No. A81-0142852; Permanent Drainage/Stormwater Easement
granted by Darrell P. and Barbara J. Miller; and Title Insurance Policy No.
A81-0142849.
2. Excess
Workers’ Compensation Policy, as shown on page _______, effective 10/01/03.
3. EMS
Medicines Purchase Agreement, IFB-3089-04, as shown on page _______.
4. Letter
to Maryanne Morse, Clerk, from Joe Saviak, Lynx, Director of Government Affairs
and Communications, enclosing the “Progress Report 2003”.
5. Endorsement
#6, as shown on page _______, to the Excess Liability Policy effective
10/01/03.
6. Letter
to Maryanne Morse, Clerk, from Helena Randel, Dovera Community Development
District, enclosing the proposed budget for Fiscal Year 2005.
7. Work
Order #4, as shown on page _______, to CC-1222-03, JCB Construction, Inc.
8. Work
Order #2, as shown on page _______, to PS-5152-03, Boyle Engineering
Corporation.
9. Seventh
Amendment, as shown on page _______, to PS-549-00, HKS Architects, Inc.
10. Non-exclusive Franchise Agreement, as shown on
page _______, for Commercial Solid Waste Collection Service with DisposAll,
Inc., as approved on October 14, 2003.
11. Recorded Warranty Deed, as shown on page
_______, granted by Westlake Apartments, Ltd., dated February 25, 2004.
12. Recorded Partial Release of Mortgage, as shown
on page _______, by The Apostolic Church of Jesus, Inc., dated March 25, 2004.
13. Recorded Quit Claim Deed and Drainage
Easement, as shown on page _______, granted by Oaklawn Park Cemetery and
Funeral Home, Inc., reference BCC action on June 24, 2003.
14. Work Order #75, as shown on page _______, to
PS-590-01, Metric Engineering, Inc.
15. Work Order #4, as shown on page _______, to
PS-569-00, Metric Engineering, Inc.
16. Change Orders #2 and #3, as shown on page
_______, to CC-1202-03, CWB Contractors.
17. Agreement M-423-04, as shown on page _______,
with the University of Florida IFAS.
18. Work Orders #3 and #5, as shown on page
_______, to CC-1222-03 with Schuller Contractors, Inc.
19. Letter to Maryanne Morse, Clerk, from Thelma
McPherson, City of Casselberry, enclosing a copy of Ordinance 04-1126 regarding
annexation of CVS Pharmacy property.
20. Work Order #2, as shown on page _______, to
PS-5150-03, Environmental Consulting & Technology, Inc.
21. Work Order #15, as shown on page _______, to
PS-594-01, Waste Energy Technology, Inc.
22. Work Order #6, as shown on page _______, to
CC-1222-03 with Central Florida Environmental Corp.
23. Work Orders #5, #6, #7, #8, #9, and #11, as
shown on page _______, to CC-1220-03 with Rexel Mader Motor & Control.
24. Notice of hearing from the Florida Public
Service Commission regarding Docket No. 021256-WU, Water Service in Volusia and
Brevard Counties by Farmton Water Resources, LLC.
25. Maintenance Bonds for water and sewer for Lake
Forest Section 18, as shown on page _______, in the amount of $4,264.20 and
Lake Forest Section 19, as shown on page _______, in the amount of $2,008.40.
26. Agreement IFB-3086-04, as shown on page
_______, with Vulcan Signs.
27. Change Order #4, as shown on page _______, to
CC-1196-02, The Middlesex Corporation.
28. Change Order #1, as shown on page ______, to
CC-1227-04, Hicks Electric.
29. Contract M-436-04, as shown on page _______,
Figueras & Riesen Engineering, Inc.
30. Developer’s Commitment Agreement, as shown on
page _______, for the Rinehart FPL Substation Expansion, as approved by the BCC
on June 24, 2003.
31. Addendum #2, as shown on page _______, to the
Oviedo Marketplace PUD Amendment #2 Developer’s Commitment Agreement, as
executed by the Planning Manager on May 5, 2004.
32. Development Orders, as shown on page _______,
for the following: Dakota Trail,
Richard Kimmel; SE Corner of Tuskawilla & W SR 426, Trinity Capital
Limited; Bee Lane, Michelle Chalstrom; Old Mims Road, Richard Geer; Retreat
Road, Terrence & Judith McGrew; Bermuda Ave. South, Shari Ann Brinkley;
Pembrook Place, Stephen Zadrozny; and Oklahoma Street, Carol Warren.
33. Recorded Consolidated Street Lighting
Ordinance No. 2003-59, as shown on page _______, as adopted by the BCC on
December 9, 2003.
34. Satisfaction, as shown on page _______, of
Connections Fees for Jornat Properties.
35. Conditional Utility Agreements, as shown on
page _______, for water and sewer for Hunt Club Business Center LLC.
36. Amendment, as shown on page _______, to the
Utility Agreement for water and sewer for The School Board of Seminole County.
37. Letter of acceptance and Bill of Sale, as
shown on page _______, for Dunwoody Commons Phase 1.
38. Satisfaction, as shown on page _______, of
Connection Fees for the projects known as Lake Forest 10A and Lakewood Pointe
Office Park.
39. Utility Agreement, as shown on page _______,
for sewer for NAP Seminole Marketplace LLC.
40. Conditional Utility Agreements, as shown on
page _______, for water and sewer for the project known as Lake Forest 15 and
for M/I Homes.
41. Work Order #1, as shown on page _______, to
PS-5157-04, AVCON, Inc.
42. Work Order #76, as shown on page _______, to
PS-590-01, Professional Engineering Consultants.
43. Work Order #1, as shown on page _______, to
PS-5147-03, Inwood Consulting Engineers, Inc.
44. Amendment #1, as shown on page _______, to
RFP-4201, Thomas W. Ruff & Co.
45. Bids as follows: RFP-4214 and CC-1233-04, as shown on page _______.
DCM
Sally Sherman addressed the Board to give an update on the Trauma Centers Bill
CS/SB 1762. A copy of the Agenda
Memorandum was received and filed. She
advised the bill was approved by the Governor without funding.
Mr.
Grace said staff does not anticipate the State requesting local funding at this
point. They do anticipate approaching
the State again next year about this.
Commissioner
Van Der Weide said he understands one of the reasons for the State’s action is
they want more justification for the need.
Chairman
McLain stated he is sure County staff will continue to be engaged in this to
make sure the area retains a quality trauma center.
-------
Steve
Lee, Deputy County Attorney, addressed the Board to review the Agricultural
Enclaves/Comprehensive Planning/Bert Harris Bill (SB 1712/HB 1161), stating the
bill should be going to the Governor shortly.
The Florida Association of Counties (FACo) has asked for the County’s
assistance to send veto letters to the Governor. The Florida Association of Planners is also sending letters
asking for support to veto the bill.
Motion
by Commissioner Henley, seconded by Commissioner Morris, to approve sending a
letter to the Governor in support of vetoing SB 1712/HB 1161, Agricultural
Enclaves/Comprehensive Planning/Bert Harris Bill.
Districts
2, 3, 4, and 5 voted AYE.
-------
Mr.
Lee reported that the Governor signed the Department of Juvenile Justice
Funding Bill, SB 2564. There is some
consideration to bringing a lawsuit regarding this. Under consideration is that it requires 2/3 vote in order to be
an unfunded mandate. The question is
who will be the plaintiffs in the lawsuit.
Mr. Lee said Osceola County has volunteered to be a plaintiff. He said the question is does Seminole County
want to volunteer to be a plaintiff.
Based on his reports, FACo can be the proper party in this case. He said there are several other counties
around the State that are addressing this issue and trying to decide whether
they want to be a part of the lawsuit or not.
Discussion ensued.
Mr.
Lee advised Commissioner Morris that the lawsuit will probably not be brought
for a couple months.
Chairman
McLain said he thinks it is appropriate for Mr. Lee to follow this and report
back to the Board at the appropriate time to make a decision.
Whereupon,
Commissioner Morris said they might want to consider that this is now being
handled. The County is basically going
to be paying the State agency whatever their fee base is. He thinks the Board should have Mr. Grace
discuss with the Sheriff his taking over these operations so at least the Board
would have control over the costs and probably could have reductions in
costs. Mr. Grace stated staff can
explore this; he doesn’t know if it is an option or not.
Mark Flomerfelt, Road Operations/Stormwater Manager, and Tom Radzai addressed the Board to request approval and authorization for the Chairman to execute Joint Facilitation of Infrastructure Agreement between Seminole County, Bishop & Buttrey, Inc., and BGM Mining, Inc. as related to the Club II Monroe/Midway Basin Stormwater Facility; and associated Budget Change Request related to use of the St. Johns River Water Management District funding within the Monroe Basin.
During
discussion, Chairman McLain said staff needs to make sure the borrow pit
operations have actually ceased as he observed a dump truck on the site
yesterday.
Commissioner
Van Der Weide stated he thinks the end result is going to be a win-win
situation. He commended the staff for
the foresight they have had while working out the situation.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Joint Facilitation of Infrastructure Agreement, as shown on page _______, between Seminole County, Bishop & Buttrey, Inc., and BGM Mining, Inc. as related to the Club II Monroe/Midway Basin Stormwater Facility; and to approve the associated Budget Change Request (BCR 04-32) in the amount of $325,834 related to use of the St. Johns River Water Management District funding within the Monroe Basin.
Districts 2, 3, 4, and 5 voted AYE.
-------
Mr.
Flomerfelt presented the request to approve and authorize staff to submit a
Nonpoint Source Management Program, 319(h) grant application request to the
Department of Environmental Protection for the construction of stormwater
system improvements for the Club II Regional Stormwater Facility.
Motion by Commissioner Morris,
seconded by Commissioner Van Der Weide, to approve and authorize staff
to submit a Nonpoint Source Management Program, 319(h) grant application
request to the Department of Environmental Protection for the construction of
stormwater system improvements for the Club II Regional Stormwater
Facility.
Districts
2, 3, 4, and 5 voted AYE.
-------
Jerry McCollum presented the request to
approve staff to proceed with activities for the design and construction of the
proposed Trail Head at Markham Woods Road and the proposed Trail Head at Winter
Miles. He stated with regard to the
Markham woods Road Trail Head, the property owner has indicated he would
dedicate property to the County. Staff
can do a design in-house and do the project for about $100,000. The property owner would like a plaque
dedicated to his father.
Whereupon,
Chairman McLain said he thinks that is appropriate.
Commissioner
Van Der Weide said the homeowners may want to follow suit to improve the
trailhead to their liking.
Mr.
McCollum said this is not going to solve all the parking through that area, but
it is a good start.
Mr. McCollum said staff is trying to get a
connector at Flagler Trail over to Winter Miles and trying to get a parking
area put in as part of the master plan.
The project cost to put in the connector is about $85,000 and the
parking facility is about $250,000 for a total of $350,000.
Mr. McCollum said if approved, the trail
heads on Markham Woods Road and Long Pond would probably be built by the end of
this calendar year. He advised
Commissioner Henley that both parking areas would be unpaved, but there will be
a lot of stabilizing and some type of dirt surface put in that will work
well.
Commissioner Morris said he, Commissioner Henley,
and Mr. McCollum met with Casselberry City Commissioner Durham and Casselberry
staff relative to their internal trail system.
Mr. McCollum said he would come before the
Board during the budget time with any proposals for any future trail projects.
Commissioner Morris complimented Mr.
McCollum for coming up with this solution and said he thinks it is a very good
one. Mr. McCollum advised him that the
County will enter into an agreement with the City of Oviedo to maintain the
parking lot.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide, to authorize staff to proceed with activities for
the design and construction of the proposed Trail Head at Markham Woods Road
and the proposed Trail Head at Winter Miles.
Districts 2, 3, 4, and 5 voted AYE.
Chairman McLain said he thinks it would be
appropriate to invite people out to the trail head locations, along with some
of the Board members, and let the public know what is going on.
Commissioner Morris also complimented
Commissioner Van Der Weide for his efforts on the Markham Woods Road Trail
Head.
Commissioner Van Der Weide said he hopes
the media recognizes the family when they talk about the donation made because
that is a sizeable one. He thinks it is
not too much to have a plaque for the property owner’s father in honor of him
(Tom Jones).
Mr. McCollum stated he would follow up with
the property owner to see exactly what they want as a plaque.
-------
Lisa Spriggs,
Fiscal Services Director, addressed the Board to request approval of the Budget Amendment Resolution
relating to Article V – FY04 Final
Quarter Funding. She explained
that this is for the remainder of this fiscal year.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris,
to authorize the Chairman to execute Budget Amendment Resolution #2004-R-115,
as shown on page _______, in the amount of $150,000 relating to Article V -
FY04 Final Quarter Funding.
Under discussion, Chairman McLain recognized
Mark Lovett, volunteer with the Guardian Ad Litem Program, to speak.
Mark Lovett addressed the Board to thank them
for their continued support of the Guardian Ad Litem program.
Chairman McLain stated there is no more
important job than to have citizens volunteering their time to oversee the
children in our community and see that they are represented well. The judges look to the guardians for
information. He thanked Mr. Lovett for
coming today and for continuing to volunteer his time for this worthy cause.
Chief Judge Perry addressed the Board to
thank the Board in advance for their consideration and conversation they had in
the past regarding the courts. He said
he knows that the County Commission always understands the benefits of having a
good judicial system.
Commissioner Henley stated he met with the
staff and the judges’ advocate and emphasized that this is only for the
remainder of this term and, as far as he’s concerned, any future action would
have to be weighed at budget time. In
the meantime, he would like staff to look at the salary schedules they have to
make sure they don’t exceed to any degree with comparable jobs the County
has. He would like to do this in the
interim before the Board takes up this item again.
Mr. Grace stated staff can do that.
Commissioner Morris commented that Judge
Perry has done a very good job and he appreciates what the staff is doing.
Districts 2, 3, 4, and 5 voted AYE.
County
Manager’s Briefing
Janet Davis, Human Resources Director,
addressed the Board to report on the compensation and classification
study. She reviewed the recommendations
of the consultant, Palmer and Cay Consulting Group. She said some comments were that the minimum ranges for
compensation are too low and the maximums are too high; the recommended range
of merit is 0% to 10%; and the average salary is about 3.8% below the
market. She said staff is currently
updating all job descriptions and will probably look at making salary band
changes.
Commissioner Morris stated that one important
point Ms. Davis said was that the County has gotten close to the average
salaries. He said when you look in
isolation, that is one thing, but when you take the benefits package, which is
probably much better than the market, it would be interesting to run the two
comparisons. Given the salaries and
benefits, he thinks the employees would want to keep the benefits.
Mr. Grace said it is a good point to look at
the total package, and staff needs to find a way to compare that with others.
Commissioner Henley stated he was not over
impressed with the study. Some things
he disagrees with and a lot of things he does agree with. This was done on the basis of a sampling
chosen by staff. Most of this is
nationwide when you talk about the market, but it should be for the region and
the way it’s being done here. He agrees
with the study that there are some discrepancies. One point he likes, and he has stated it previously, is the fact
they need to look at the pay bands in light of job skills, etc. He is not sure the merit is where it should
be--the rich continue to get richer.
The gap between the bottom and the top continues to get wider. He said the consultant did make some good suggestions
for staff to proceed with. He would
like the Board to have more input in this process than in the past.
Chairman McLain said he agrees. He asked Mr. Grace to schedule a work
session with the Board to have more time on this and be more involved so their
ideas can be incorporated. He suggested
a briefing during the first meeting in July to study it thoroughly and
hopefully be able to move it forward.
-------
The Chairman recessed the meeting at 11:42 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk, Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the
filing of the proofs of publication for this meeting’s scheduled public
hearings in the Official Record.
Districts
2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider amendments to the text of the Comprehensive Plan Policy FLU 9.3 Myrtle Street Study Area Conservation Village Development Concept, received and filed.
Planner,
Tony Walters, addressed the Board to present the request, showing a map of the
area and advising the development trend to the north and within the western
portion of the Sub Area is low density residential with densities ranging from
over three to two dwelling units to the acre.
He said the area has significant wetlands and wildlife habitat and
sensitive drainage issues. The current
Myrtle Street and Hester Avenue level of service is A and at a built-out
density of 2 dwellings per acre, the estimated LOS remains acceptable. He stated the recent development approvals
are required to improve Myrtle Street from Hester east approximately 1,300 feet
and Hester Avenue from Myrtle north approximately 1,500 feet. He further advised that staff is recommending
an incentive bonus of 1 dwelling unit per acre in order to encourage
conservation design at a lower density than allowed under LDR land use already
encroaching into the area and to offset development costs that would normally
not occur (enhance stormwater retention, multiple ponds to improve water
quality, restoration of Greenway Lands/Open Space).
Mr.
Walters continued with his presentation by reviewing DCA’s report and staff’s
response as outlined in the Agenda Memorandum.
He advised that the policy of the stormwater system will be revised as
follows: “Water quality treatment at a
level 50% greater than the current County and SJRWMD requirement, and that post
development stormwater discharge volumes will be no greater than
pre-development stormwater discharge volumes.”
He added that staff recommends adoption of the proposed text
amendment.
Robert
Jasmin, 1153 Myrtle Street, addressed the Board to discuss the DCA
objections. He voiced his objections to
the proposed bonus incentive, stating he is afraid this will open up a can of
worms.
District
Commissioner McLain explained to Mr. Jasmin that the bonus incentive is for the
urban village area and will have no impact on the rural area.
Ann
Esterson, 1235 Myrtle Street, addressed the Board to speak in support of the
urban conservation village text amendment, stating she feels this is a
reasonable compromise from the property owners’ point of view. She said if the area stays 1 unit to the
acre with wells and septic tanks, it would be a misuse of the land.
Danny
DeCiryan, 1581 Silk Tree Circle and representing the North Lake Jesup Community
Inc., addressed the Board to express his appreciation to the County for all the
work and effort they have put forth and for listening to the public comments. He said they still disagree that increased
densities are still needed to encourage development in this area because they
feel this is a prime location. He asked
the Board to encourage the passage of this amendment and the development in a
conservative way. He said he does not
believe a density bonus is necessary because this is a desirable area.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by Commissioner Morris, Mr. Walters advised staff has addressed all of
DCA’s objections and he does not believe DCA will have any further
objections.
District
Commissioner McLain stated this particular area currently can be developed at 1
unit to the acre on well and septic tanks and they know that is not good for
the environment. He said this is an
incentive to bring in water and sewer to the area. He said the urban conservation village will provide 50% open space
with community trails and the best chance to maintain the rural character. He added he believes this is a fair and
equitable compromise for the community and is a new way of looking at
development in the urban boundary.
Commissioner
Van Der Weide stated he believes the process, which has been ongoing for 2½
years, has been extremely fair. He
said he thinks this is beneficial to the residents and the environment. He commended staff for the good work they
did on this.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt the
proposed amendments to the text of the Seminole County Comprehensive Plan
Policy FLU 9.3 Myrtle Street Study Area Conservation Village Development
Concept and add Exhibit FLU: Myrtle
Street Urban Conservation Village Area, as described in the proof of
publication.
Mr.
Walters confirmed for Commissioner Morris that if DCA continues their
objections, this item will be back before the Board.
Districts
2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an ordinance including the proposed text amendments to the Seminole County Comprehensive Plan (Vision 2020) designating the digital Future Land Use Maps, as depicted in the FLU Exhibits of the Vision 2020 Plan, as the Official Future Land Use Maps of Seminole County, received and filed.
Planner,
Tony Matthews, addressed the Board to present the request, advising staff is
recommending adoption of the proposed text amendment.
No
one spoke in support or in opposition.
Motion
by Commissioner Morris, seconded by Commissioner Henley to adopt the text
amendments to the Seminole County Comprehensive Plan (Vision 2020) designating
the digital Future Land Use Maps, as depicted in the FLU Exhibits of the Vision
2020 Plan, as the Official Future Land use Maps for Seminole County, with staff
findings and recommendations, as described in the proof of publication.
Districts
2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Third Amended and Restated Development Order for the Lake Forest
Development of Regional Impact; enact an Ordinance adopting the Small Scale
Land Use Amendment from Low Density Residential to Planned Development;
rezoning approximately 2 acres located northeast of the intersection of
Henderson Lane and SR 46, from A-1 (Agriculture) to PUD (Planned Unit Development);
and the Lake Forest PUD Addendum #1 Major Amendment to the Lake Forest PUD,
Miranda Fitzgerald, received and filed.
Planner,
Tina Deater, addressed the Board to present the request, advising the applicant
is asking for an amendment to the existing Lake Forest PUD, in order to
incorporate the 2-acre parcel into the Lake Forest development. In addition, the applicant is proposing a PM
Peak Hour Conversion Table to allow for an exchange of land uses within the DRI
based on trip generation. She further advised
the staff recommends approval of the requested DRI, NOPC, Small Scale Land Use
Amendment, rezoning, and major PUD amendment, subject to Addendum #1 to the PUD
Commitments, Classification and District Description and based on staff’s
finding.
Attorney
Miranda Fitzgerald, representing the applicant, addressed the Board to advise
of a minor discrepancy on Exhibit E that should read Exhibit “C”. She said they are not adding any intensity
or density to the project.
No
one else spoke in support or in opposition.
District
Commissioner McLain stated he supports staff’s recommendation.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to approve the
Third Amended and Restated Development Order, as shown on page _______, for the
Lake Forest Development of Regional Impact; adopt Ordinance #2004-26, as shown
on page _______, adopting the Small Scale Land Use Amendment from Low Density
Residential to Planned Development; adopt Ordinance #2004-27, as shown on page
_______, rezoning approximately 2 acres, located northeast of the intersection
of Henderson Lane and SR 46, from A-1 to PUD; and approved Addendum #1, as
shown on page _______, to the Lake Forest PUD Commitments, Classification and
District Description, as described in the proof of publication, Miranda
Fitzgerald.
Districts
2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance for the proposed text amendments to the Economic Element of the Seminole County Comprehensive Plan: Vision 2020 A Guide to the Journey Ahead replacing the Element and integrating the adopted Economic Development Strategy for 2003 into the Element, received and filed.
Planner,
Cathleen Consoli, addressed the Board to present the request, advising staff
recommends adoption of the amendments to the Economic Element.
No
one spoke in support or in opposition.
Upon
inquiry by Commissioner Morris, Ms. Consoli advised this is an option element,
it is not required.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt the
text amendments to the Economic Element of the Seminole County Comprehensive
Plan: Vision 2020 A Guide to the
Journey Ahead, replacing the Element and integrating the adopted Economic
Development Strategy for 2003 into the Element, as described in the proof of
publication.
Districts
2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance for the proposed text amendments to the Design and Transportation Elements of the Seminole County Comprehensive Plan (Vision 2020) designating General Hutchison Parkway as a canopy roadway for inclusion in the County’s Scenic and Canopy Roads program, received and filed.
Planner,
Tony Matthews, presented the request, advising this will create a canopy
corridor that runs from Hwy. 17-92 to Ronald Reagan Boulevard. He further advised DCA had no comments
regarding the proposed amendment.
No
one spoke in support or in opposition.
Motion
by Commissioner Morris, seconded by Commissioner Henley to adopt text
amendments to the Design and Transportation Elements of the Seminole County
Comprehensive Plan (Vision 2020) designating General Hutchison Parkway as a
canopy roadway for inclusion in the County’s Scenic and Canopy Roads program,
with staff findings and recommendations, as described in the proof of
publication.
Districts
2, 3, 4 and 5 voted AYE.
CONSIDERATION
OF ORDINANCE RE:
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Ordinance deleting the requirement for uniform utility rates; and a
Resolution providing interim separate water and sewer utility rates for
utilities acquired from Florida Water Services, received and filed.
Environmental
Services Director, Bob Adolphe, addressed the Board to briefly present the
request.
No
one spoke in support or in opposition.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt
Ordinance #2004-22, as shown on page _______, amending the County Code deleting
the requirement for uniform utility rates; and to adopt appropriate Resolution
#2004-R-116, as shown on page _______, providing interim separate water and
sewer utility rates for the utilities acquired from Florida Water Services, as
described in the proof of publication.
Districts
2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AAA (Single Family Dwelling District) on 5.2 acres located 660 feet north of Gabriella Lane, 0.4 mile west of Tuskawilla Road, Jay Barfield, received and filed.
Planner,
Jeff Hopper, addressed the Board to present the request, advising this is a
continuation of a Talman Mews Phase I development approved in August 2003. The lot compatibility analysis supports the
requested zoning classification of R-1AAA; therefore, staff recommends
approval.
No
one spoke in support or in opposition.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt
Ordinance #2004-23, as shown on page _______, approving rezoning from A-1
(Agriculture) to R-1AAA (Single Family Dwelling District) for property located
on 5.2 acres located 660 feet north of Gabriella Lane, 0.4 mile west of
Tuskawilla Road, as described in the proof of publication, Jay Barfield.
Districts
2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the public right-of-way of Fifth Street located on the west side of Orange Boulevard (CR 431) and approximately 924 feet south of Wilson Road, Gathering Place Worship Center, Inc., David & Edith McNeill and Jeno and Lois Paulucci, received and filed.
Planner,
Cynthia Sweet, addressed the Board to present the request, advising the subject
right-of-way is open but not physically used by the general public at this
time. She stated the applicant has
provided the appropriate letters from the utility companies voicing no
objections to the request. She further
advised staff recommends approval of the vacation, subject to the establishment
of a unity of title of the two parcels located to the immediate south.
No
one spoke in support or in opposition.
Sheila
Jammes, 5613 W. Fifth Street, addressed the Board to speak in supporting,
stating she would love for the vacate to come up all the way to her
property.
District
Commissioner McLain explained that Ms. Jammes would have to make a separate
application to extend the vacation to her property.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt
appropriate Resolution #2004-R-117, as shown on page _______, vacating and
abandoning a portion of the public right-of-way of Fifth Street, located on the
west side of Orange Boulevard (CR 431) and approximately 924 feet south of
Wilson Road, as described in the proof of publication, Gathering Place Worship
Center, Inc., David & Edith McNeill and Jeno & Lois Paulucci.
Districts
2, 3, 4, and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a major amendment to the ETOR PUD Final Master Plan for property
consisting of seven acres, located north and south of Sun Drive and 250’ west
of Greenwood Boulevard, received and filed.
Planner,
Jeff Hopper, presented the request, advising the proposed change would place a
neighborhood retail facility on the north side of Sun Drive, and 39 townhouse
units on the south side. The proposed
uses are similar to existing uses in other portions of the PUD. He further advised staff recommends
approval, subject to the conditions listed in Addendum #2 to the Developer’s
Commitment Agreement.
Ron
Henson, representing the developer, addressed the Board to state they are in
agreement with the staff recommendations and conditions. He advised there will be a mandatory
homeowners association, which will maintain all the common areas within the
townhouse complex.
Commissioner
Morris stated he would like to make sure the median is irrigated and landscaped
properly before the first certificate of occupancy is issued. Whereupon, Mr. Henson advised that is part
of their plan.
Commissioner
Morris expressed his concern with the number of requests coming in for changing
office designations to retail designations.
He suggested staff do an appropriate analysis on these requests.
No
one else spoke in support or in opposition.
Motion
by Commissioner Henley, seconded by Commissioner Morris to approve a major
amendment to the ETOR PUD Final Master Plan and authorize the Chairman to
execute Addendum #2, as shown on page _______, to the Developer’s Commitment
Agreement for property consisting of seven acres, located north and south of
Sun Drive and 250’ west of Greenwood Boulevard, as described in the proof of
publication, Ron Henson.
Districts
2, 3, 4 and 5 voted AYE.
&
ADDITIONAL COURT COSTS
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance imposing a $15 surcharge on traffic infractions and violations and a $65 additional court cost assessment on all persons who plead guilty or nolo contendere to or who are found guilty of any felony misdemeanor, or criminal traffic offense, received and filed.
Director
of Fiscal Services, Lisa Spriggs, addressed the Board to advise pursuant to
Revision 7 to Article V of the Florida Statutes, the County is authorized to
impose a mandatory surcharge of up to $15 on civil and criminal traffic
infractions and violations. This
surcharge is restricted to fund court facility costs. In addition, the County is authorized to impose an additional
court cost assessment of up to $65 on those who plead guilty or nolo contendere
to or who are found guilty of a felony, misdemeanor, or criminal traffic
offense. She added that the Clerk of
Circuit Court has requested that the effective date be no sooner than August
1.
Commissioner
Morris stated he would like to review this in a year in order to determine the
exact costs.
Mr.
Grace suggested that this commitment of the Board’s be limited to the amount of
revenue generated by these fees. He
added that the staff will be tracking and reporting back to the Board.
Chairman
McLain requested the County Manager give the Board regular reports throughout
the year on the collection process.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt
Ordinance #2004-24, as shown on page _________, imposing a $15 surcharge on
traffic infractions and violations and a $65 additional court cost assessment
on all persons who plead guilty or nolo contendere to or who are found guilty
of any felony misdemeanor, or criminal traffic offense, as described in the
proof of publication.
Districts
2, 3, 4 and 5 voted AYE.
No
Report.
Commissioner
Morris announced he will be speaking at the Economic Developers’ Luncheon on
June 9 at the Lake Mary Marriott. The
luncheon is sponsored by the Seminole County Regional Chamber of Commerce.
-------
Commissioner Morris advised he has been invited by the Federal Department of Transportation to discuss Intelligent Transportation Systems on June 10 in Washington D.C. He added that the trip will be paid for by the Federal DOT.
-------
Commissioner Van Der Weide suggested that residents be notified of upcoming sidewalk projects in their area.
-------
Commissioner Van Der Weide stated there are problems with the trees in the median of Wekiva Springs Road. He said 30% of the second set of trees planted are dying.
Mr. Grace stated this item will be addressed under his County Manager’s report today.
-------
Commissioner McLain stated he attended the City of Sanford Memorial Day Parade and Ceremony honoring veterans. He said it was well planned and well attended.
-------
Commissioner Morris advised of a request from a citizens group for some type of event honoring the late former President Ronald Reagan. He stated the Church of the Nativity (located on Ronald Reagan Boulevard) has agreed to allow the County to use their property for the event. The memorial service, provided there are no objections by the Board, will be held on Friday at 9:15 a.m. after the church service.
Chairman
McLain stated he would be willing to bring his horse for the memorial and
represent the County.
-------
Commissioner Morris updated the Board on the need to extend the boundary for the CRA. He said the RPA has determined that they need to retain the services of John Howell of Holland & Knight to do some research in order to move forward with the extension. He said if there are no objections, Mr. Howell can get to work and County Attorney McMillan will oversee this.
Attorney McMillan stated if the Board has no objections, he can go directly to Mr. Howell (since he was the one that worked on the original ordinance and agreements with the cities).
Commissioner Morris stated the amount for service should be significantly lower than $20,000.
The Chairman requested staff to make sure that Longwood Commissioner Holt is noticed of these meetings.
Commissioner Van Der Weide suggested that when the Interlocal Agreements are redone, that they be allowed to be automatically renewed for a shorter period of time without having to go through all of this.
The Board voiced no objections to Mr. Howell doing this work.
The following Communications and/or Reports
were received and filed:
1. Copy of memorandum dated
5/21/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental
Services, re: Submission Into County Records.
2. Letter dated 5/10/04
(with attachment) to BCC from Tammy Uliano, 4th Grade Teacher at
Longwood Elementary School, re: request for proclamation designating September
11th as Hero’s Day in Seminole County.
3. Notice of 6/3/04 City of
Sanford public hearing re: conditional use for 1021 W. First St. (cc: County
Manager, Planning & Development Director, Planning Manager, Elections
Supervisor, Property Appraiser)
4. Letter dated 5/24/04
(with attachment to Chairman McLain from Charles Gauthier, FL Dept. of
Community Affairs, re: Comp Plan Amendment #DCA 04-1. (cc: BCC, County
Managers)
5. Letter dated 5/19/04
(with attachment) to Chairman McLain from Sheriff Don Eslinger re: 2004 Medical
Division Annual Jail Inspection. (cc: BCC, County Managers)
6. Notice of 6/14/04 City of
Sanford public hearing-annexation re: property between CR 46A/CSX Railroad and
CSX Railroad/Old Lake Mary Rd. (cc: County Manager, Planning & Development
Director, Planning Manager, Elections Supervisor, Property Appraiser)
7. Letter dated 5/26/04 to
Chairman McLain from David G. Halloran Assoc. of the U.S. Army, re: appreciation
of donation for tri-county sponsorship of June 12th Appreciation Day
for 3,000 National Guardsmen and Reservists and their families.
8. Letter dated 5/21/04
(with attachment) to Chairman McLain from Congressman John Mica re: May 31st/Memorial
Day dedication and designation of the St. Johns River Veterans Memorial Bridge.
9. Letter dated 5/27/04 to
Chairman McLain from Tyra Miller, Property Appraiser Office, re: Unincorporated
Seminole County Stormwater Management District 2004 Estimated Total Taxable
Value. (cc: BCC, County Managers)
10. Letter dated 5/27/04 to Chairman McLain from Tyra Miller, Property
Appraiser Office, re: Unincorporated Seminole County Road Improvement District
2004 Estimated Total Taxable Value. (cc: BCC, County Managers)
11. Letter dated 5/27/04 to Chairman McLain from Tyra Miller, Property
Appraiser Office, re: Altamonte Springs & Unincorporated Seminole County
Fire District 2004 Estimated Total Taxable Value. (cc: BCC, County Managers)
12. Letter dated 5/27/04 to Chairman McLain from Tyra Miller, Property
Appraiser Office, re: Board of County Commissioners 2004 Estimated Total
Taxable Value. (cc: BCC, County Managers)
13. Letter dated 5/28/04 to Chairman McLain from Dana Loncar, Orlando
Regional Healthcare, re: expanded Emergency Departments at two hospitals in
their system.
14. Notice of 6/2/04 Sanford Community Redevelopment Agency meeting.
15. Letter dated 5/19/04 (with attachment) to Chairman McLain from
Sheriff Don Eslinger re: 2004 Annual Jail Inspection. (cc: BCC, County
Managers)
16. Copy of letter dated 5/24/04 to Sharon Peters, County Manager
Office, from Robert McIntosh & Susan W. Stacy, Stenstrom McIntosh Colbert
Whigham Reischmann & Partlow, re: appreciation of planning and coordinating
the Fifth District Court of Appeals hearings at the County Services Building.
17. Parks/Recreation Contract for Services, as shown on page _______,
for Slow Pitch Softball Umpires: Gene Astarita and Benny Cutcher.
18. May 2004 Seminole County Convention & Visitors Bureau Hotel
Occupancy Report.
19. Letter dated 5/24/04 (with attachment) to Chairman McLain from
Thelma McPherson, Casselberry City Clerk, re: Casselberry Ordinance
#04-1127-Annexation of Hartman Property located north of Lake Kathryn, east of
US Hwy. 17-92. (cc: County Manager, Planning & Development Director,
Planning Manager, Elections Supervisor, Property Appraiser)
20. Letter dated 6/1/04 to Chairman McLain from Tyra Miller, Property
Appraiser Office, re: Board of County Commissioners proportionate share of the
Property Appraiser budget. (cc: BCC, County Managers)
21. Letter dated 6/1/04 to Chairman McLain from Tyra Miller, Property
Appraiser Office, re: Unincorporated Seminole County Road District
proportionate share of the Property Appraiser budget. (cc: BCC, County
Managers)
22. Letter dated 6/1/04 to Chairman McLain from Tyra Miller, Property
Appraiser Office, re: Altamonte Springs & Unincorporated Seminole County
Fire District proportionate share of the Property Appraiser budget. (cc: BCC,
County Managers)
23. Copy of letter dated 5/26/04 to Sandra Glenn, ECFRPC, from Chairman
Nancy Higgs, Brevard County BCC, re: ECFRPC’s role in the regional planning
process involving Brevard County. (cc: BCC, County Managers, Economic
Development Director, Planning & Development Director, Public Works
Director, County Engineer)
24. Letter dated 5/27/04 (with attachment) to Chairman McLain from
Ronald Zychowski, Community Based Care of Seminole, Inc. (CBCS), re: Article V
funding and Children’s Village.
25. Letter dated 5/18/04 (with attachment) to BCC from Truman G.
Scarborough, Brevard County BCC, re: MyRegion.org white paper, “Beyond Money:
Toward an Economy of Well-Being”. (cc: County Manager, Economic Development
Director)
26. Letter dated 5/21/04 (with attachment) to Chairman McLain from Gay
Kitson, National Council on Family Relations, re: support for armed forces
members and their families.
27. Notice of 6/17/04 Tri-County League of Cities meeting.
28. Letter dated 5/31/04 (with attachment) to BCC from John Saboor
& Doug Barclay, Central Florida Sports Commission, re: May activity report.
29. Do Unto Others Florida Hospital 2001-2003 Community Benefit
Annual Report.
30. Copy of letter dated 5/3/04 to Kevin Grace, County Manager, from
Bobbye Marsala, FL Assoc. of Public Purchasing Officers, re: 2004 Award of
Excellence in Public Procurement to the Seminole County Purchasing &
Contracts Division. (cc: BCC)
31. Letter dated 5/26/04 (with attachment) to Chairman McLain from Ray
Gilley, Metro Orlando EDC, re: inaugural edition of Texture based on technology companies and innovations.
32. Copy of letter dated 5/27/04 (with attachment) to Nancy Higgs,
Brevard County BCC, from Sandra Glenn, ECFRPC, re: regional planning projects.
33. FL Assoc. of Counties (FAC) 2004 Legislative Final Report.
34. Letter dated 6/4/04 to BCC from Diane Pickett Culpepper, Bright
House Networks, re: Music Choice line-up changes.
35. Copy of memorandum dated 6/4/04 to Sandy McCann, Commission
Records, from Becky Noggle, Environmental Services, re: Submission Into County
Records.
36. Notice of 6/16 and 7/15/04 City of Lake Mary public hearings re:
property at Lake Mary Blvd./CR 46A and I-4/Banana Lake Rd. (cc: County Manager,
Planning & Development Director, Planning Manager, Elections, Property
Appraiser)
37. Letter dated 4/14/04 to BCC from Roger T. Cooper, Seminole County
Trails & Greenways Advisory Committee, re: equestrian trail near Osceola
Rd. (cc: BCC, County Manager, County Engineer, Special Projects Manager)
38. Notice of 6/21/04 City of Altamonte Springs public hearing re: 431
N. Meander Dr. (cc: County Manager, Planning & Development Director,
Planning Manager, Elections Supervisor, Property Appraiser)
COUNTY MANAGER’S REPORT
Director of Public Works, Gary Johnson, addressed the Board to brief the Board on the watering of the trees and landscaping in the medians. He stated that for the first six months this year they had planned to distribute approximately a half million gallons of water on the roadway, using their two converted trucks that were not actually purchased as water trucks. One truck carries 10,000 gallons and the other 5,000 gallons. Because of the drought conditions, they have distributed 1.5 million gallons and they are still struggling with keeping the landscaping alive. He said they are doing everything they can with the resources they have. He further said that they have been in touch with local contractors to see if there are more water trucks they can rent on a temporary basis, but all the trucks are already being rented and used.
Upon
inquiry by the Chairman, Mr. Johnson stated they have not contacted the Fire
Department to see if any of their trucks could be used.
Mr.
Grace stated he would be very careful with taking units out of service. He said he could check to see if any surplus
units are available. He added that he
believes part of the answer is more water trucks and he believes that can be
addressed during the next budget cycle.
The
Chairman suggested a tanker trailer that could be pulled behind a truck.
-------
Mr.
Grace briefed the Board on the proposed San Pedro Catholic annexation with the
City of Casselberry. He advised that
last week County and City staffs met according to the dispute resolution;
however, not much progress was made. He
said from the County’s standpoint, they believe there are still problems
meeting the Statutes - either an enclave issue or a contiguity issue. The two staffs are putting together a joint
report pursuant to the process they are supposed to follow.
Attorney
McMillan advised under the dispute resolution, there is an executive settlement
conference and if that does not result in a settlement, both staffs report that
(which is what is being worked on now).
The next step is an elected officials settlement conference, which is a
joint meeting between the County Commission and the City Commission to discuss
the issues that were not settled under the executive conference.
Commissioner
Morris stated he believes it is a good idea for the elected officials to
meet. The Chairman and the Board agreed
with scheduling a joint meeting with the City of Casselberry to discuss this
issue.
-------
Mr. Grace advised of another annexation that the City of Casselberry is pursuing for property called Lake Howell Arms. He said the City adopted the second reading of the ordinance last night and it will be going to referendum in July. He said at the last BCC meeting, there was discussion about being more aggressive on annexations and he is requesting direction. He said in this situation, the annexation does comply with the Statutes. He asked the Board if the County staff should supply information to the property owners in preparation of the referendum.
Commissioner
Morris stated the citizens, by annexing, are actually hurting themselves and
they need to be made aware of the situation.
Chairman
McLain stated he believes it is important to get the information out to the
people so that they can make an informed decision.
Commissioner
Van Der Weide stated the information given needs to be factual and not
propaganda.
Mr.
Grace stated he foresees giving them a matrix comparing taxes and fees.
The
Board directed staff to mail each homeowner information on the proposed
annexation.
-------
Planner, Dick Boyer, addressed the Board to brief the Board on a water service area that the City of Winter Springs is claiming. He said he attended the City Planning Agency hearing to object to the City’s proposal to adopt a future water service area, which would extend across the County’s adopted urban service boundary and into the County’s east rural area. He displayed maps (not received & filed) of the area. He advised that they have sent a letter to Mayor Bush and to the City Commission of Winter Springs outlining the County’s objections and offering to discuss this item and identify possible resolutions.
Mr. Grace stated staff had to take a position on this prior to today’s BCC meeting and wants to make sure the Board is in agreement with the position staff has taken. The Board voiced no objections to same.
-------
At the request of Mr. Grace, Planning Manager, Matt West, updated the Board on the Live Oak Reserve on CR 419 issue. He advised the Oviedo City Council approved an amendment to the Live Oak Reserve PUD, which was originally approved for 1,200 units and then reduced it to approximately 900 units. He stated they have taken a former site for a fire station and converted it to office. They have taken the original approval for 45,000 square feet of office and doubled it to 80,000 square feet. The City did put a maximum size for a single user of 55,000 square feet and there are several architectural standards they want to apply to the commercial/office tract. He added this is in the urban area.
--------
Mr. Grace advised he will be on vacation next week and DCM, Sally Sherman, will be Acting County Manager.
-------
The Chairman recessed the meeting at 3:45 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Proof of publication, as shown on page
_______, calling for a public hearing to consider request to adopt an Ordinance
including the proposed map amendment from Office to PD and adopt an Ordinance
rezoning the subject property from A-1 to PUD on approximately 23.7 acres,
located at the southwest corner of International Parkway and Wayside Drive,
Mary Anne Jarrell, received and filed.
Jeff Hopper, Planning, presented the
request as outlined in the agenda memorandum.
He advised this item was transmitted to the Department of Community
Affairs (DCA) in February 2004 and the DCA indicated that they have no
objections or recommendations. The
applicant is proposing a mixed-use development including both residential and
nonresidential uses. A portion of the
development will consist of 64 townhouse units on 9.9 acres and has already
been approved as a Small Scale Amendment.
The balance of the development includes 102 townhouse units intended for
fee simple ownership. Also included is
a cluster of retail and office buildings centered around the main project entrance
on International Parkway. These
buildings are labeled A, B, C and D on the site plan and would have first floor
retail and second floor office uses.
The last major use being proposed is a tier of two and three-story units
to the west of the retail office building, which would be residential
brownstone units or mixed residential and office depending on market
conditions. If these are constructed as
mixed residential and office, which the applicant calls MRO units, the ground
floor use would be Office with Residential on the upper levels. Major access to the site will be from
International Parkway with a gated two-way access from Wayside Drive to the
north. Buffering would consist of a
6-ft. masonry wall along the western boundary with 8 canopy trees per 100
lineal ft. There will be a 50 ft.
undisturbed buffer and building setback to the west adjacent to Tall Trees
Subdivision. Proposed amenities include
a clubhouse, tennis court, cabana and pool.
The layout of the townhouse building would provide courtyard or park
areas adjacent to the units. Conditions
of approval established at the transmittal hearing consist of restricted
Commercial uses to CN or Neighborhood Commercial District uses prohibiting
westward facing balconies within 100 ft. of the west property line; limiting
building heights to 35 ft. within 100 ft. of the west property line; and
requiring a public hearing and architectural renderings for final master plan
approval. He stated the following minor
changes to staff’s recommendations are as follows: the proposed office floor area in the commercial buildings is
36,000 sq. ft. rather than 24,000 sq. ft., normal residential size is 1600 sq.
ft. rather than 2000 sq. ft. Under
staff recommendations, Item G should indicate a 20 ft. setback from internal
streets or sidewalks; and an additional item should be inserted requiring a 25
ft. setback on International Parkway.
He added these changes have been made in Items G & H of the
development order. He said staff is
requesting a motion to adopt a plan amendment to be enacted through a single
ordinance to be presented to the Board following the conclusion of all Large
Scale Amendments in the Spring 2004 cycle.
This item will be presented to the Board this evening as Item #65.
District Commissioner McLain stated he has
been involved with this issue as well as the residents of Tall Trees
Subdivision have been involved. He
stated he knows that the property owners have been working very closely with
Tall Trees Subdivision and they agree with everything.
Attorney Rob Gebaide, representing the
applicant, addressed the Board to state he is in agreement with the staff
conditions and the development order.
He stated he would be glad to answer any questions.
Attorney Gebaide answered Commissioner Henley’s
question relating to the statement in the backup regarding an alternative
option being exercised, based on market conditions, that the applicant may
substitute a mixed residential/office structure with offices on the ground
floor and living units above.
Commissioner Morris stated this is a much
better project than what they have seen before.
No one spoke in support or in opposition.
Motion by Commissioner
Van Der Weide, seconded by Commissioner Henley to approve the proposed map
amendment from Office to PD and Ord. #2004-28, as shown on page _____, rezoning
the subject property from A-1 to PUD on approximately 23.7 acres, located at
the southwest corner of International Parkway and Wayside Drive, and to approve
the Development Order as shown on page _________, as described in the proof of
publication, Mary Anne Jarrell, subject to the proposed changes outlined.
Districts 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page
_______, calling for a public hearing to consider the Water Supply Facilities
Work Plan Amendment submitted as part of the Spring 2004 Large Scale
Comprehensive Plan Amendment, received and filed.
Dick Boyer, Planning, addressed the Board
to state staff is requesting that this item be continued to a future date. He stated St. Johns River Water Management
District (SJRWMD) has indicated that they would like to wait until they have
finished the 5-year update of their regional Water Supply Plan. The County now faces other issues and staff
feels that those issues need to be addressed in that revised element. Therefore, staff recommends withdrawing the
entire item and they will bring it back around mid to late next year.
No one spoke in support or in opposition.
Motion by Commissioner
Henley, seconded by Commissioner Van Der Weide to accept withdrawal of the
Water Supply Facilities Work Plan Amendment submitted as part of the Spring
2004 Large Scale Comprehensive Plan Amendment, as described in the proof of
publication.
Districts 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page
_______, calling for a public hearing to consider adoption of an Ordinance
adopting the previously approved Spring 2004 Cycle Large Scale Amendments to
the Vision 2020 Seminole County Comprehensive Plan, received and filed.
Mr. Boyer presented the item as outlined in
the agenda memorandum. He stated the
ordinance includes all the previously adopted plan amendments and the Urban
Conservation Village item that was approved this afternoon and he submitted a
copy of the proposed Ordinance (received and filed) showing the changes.
No one spoke in support or in opposition.
Motion by Commissioner
Morris, seconded by Commissioner Henley to adopt Ordinance #2004-25, as shown
on page ________, adopting the previously approved Spring 2004 Cycle Large
Scale Amendments to the Vision 2020 Seminole County Comprehensive Plan, as
described in the proof of publication.
Under discussion and upon inquiry by
Commissioner Henley, Commissioner Morris noted that the motion includes the
changes that were made this afternoon.
Districts 2, 3, 4 and 5 voted AYE.
-------
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:14 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
cc/slm/er