BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 13, 2004
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, July 13, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Rev. Bruce Scott, Chaplain at Central Florida Regional Hospital.
Property Appraiser, Bill Suber, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2004-R-119, as shown on page _______, proclaiming July 18-24, 2004 as “Adult and Juvenile Probation Officer’s Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Director of Community Services Phil Stalvey and his Probation staff. Mr. Stalvey addressed the Board to express his appreciation.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-120, as shown on page _______, commending the Fiscal Services Department for receiving the Distinguished Budget Presentation Award by the Government Finance Officers Association of the United States and Canada (GFOA).
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Director of Fiscal Services, Lisa Spriggs, and her staff. Ms. Spriggs addressed the Board to express her appreciation and to recognize Ray Hooper who was Acting Fiscal Services Director during the current budget’s approval.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-118, as shown on page _______, proclaiming a portion of Interstate 4 as the “Corporal Larry Smedley, USMC, Medal of Honor Memorial Highway”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The County Manager’s Consent Agenda was presented for action.
Chairman McLain advised that Item #42, First Amendment to CDBG Subrecipient Agreement with the Rescue Outreach Mission of Sanford, Inc., has been pulled from the agenda.
Upon inquiry by Commissioner Henley, David Medley, Community Services Manager, addressed the Board to advise with regard to Item #4, 03/04 Community Services Block Grant Modification, the funding will allow them to get an intern in the fall.
Commissioner Henley stated he believes the money would be better used for the needy.
Mr. Medley stated the intern would provide the division the opportunity to do research on services and would provide a follow-up to see how clients are doing after a 6 to 9 month period.
Upon inquiry by Commissioner Henley with regard to Items #40, HOME Program and #43, Center for Affordable Housing, Inc., Eugene Chambers, Community Resources, addressed the Board to advise staff is monitoring the programs and will provide the results to the Board.
Commissioner Morris stated he is concerned that some of the Planning staff is not pursuing cross access easements. Chairman McLain stated that is something the Planning staff needs to follow up on.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the following:
Community Services
4. Approve 2003/2004 Community Services Block Grant Modification of $260,285, and authorize Chairman to execute grant application and related documents, as shown on page _______, and approve the required 2% Cash Match of $5,206.00.
5. Approve Agreement, as shown on page _______, for Wholesale Wastewater Service between Orange and Seminole Counties for the provision of wholesale wastewater capacity in a portion of Seminole for 67,500 gpd of sewer capacity over a twenty (20) year period for the Hawthorne Glenn Subdivision.
6. Approve and authorize Chairman to execute the Conditional Utility Agreement, as shown on page _______, for Water and Sewer services between Seminole County and Centex Homes for 71,200 gpd for water and 67,500 gpd for sewer for the Hawthorne Glenn project.
8. Approve and authorize Chairman to execute the
Interlocal Agreement, as shown on page _______, with the City of Altamonte Springs
and the City of Oviedo, relating to the collection of occupational license
taxes in Seminole County.
17. Authorize
scheduling and advertising a public hearing for the purpose of adopting the
non-ad valorem assessment role.
18. Approve and authorize Chairman to execute the Satisfactions of Lien, as shown on page _______, for the Black Hammock PH II Water Distribution System.
19. Approve and authorize Chairman to execute the Satisfaction of Lien, as shown on page _______, for Harmon E. & Mary L. Crossley for the Chula Vista Road Paving and Drainage Municipal Service Benefit Unit.
20. Award CC-1231-04/TLR, as shown
on page ________, for the Osceola Road Solid Waste Management Facility Landfill
Gas Management System Expansion Phase II Cell 2B to Shaw Environmental Inc.,
Brecksville, OH ($179,790.00).
21. Award CC-1232-04/AJR Contract,
as shown on page _______, Cross Seminole Trail South – Phase I Construction
Project with Central Florida Environmental Corporation of Longwood, FL.
($1,289,949.70).
22. Award CC-1236-04/TLR, as shown on page _______, Yankee Lake
WRF Alternate West Disposal Site to Schuller Contractors Inc., Orlando
($178,000.00).
23. Approve Ranking List,
Authorize Negotiations, and award a Master Agreement, as shown on page _______,
for PS-5161-04/AJR – Wekiva Springs Road – Sweetwater
Blvd. to County Line.
24. Approve Ranking
List, Authorize Negotiations, and award a Master Agreement, as shown on page
_______, for PS-5162-04/AJR – Master Agreement for Celery Ave. (Sanford Ave. to
Mellonville Ave.) PE&D.
25. Approve Amendment
#1 and First Renewal, as shown on page________, for PS-594-01/BJC – Landfill
Gas Management System, with Waste Energy Technology LCC, Fort Walton Beach
(Not-to-Exceed $350,000.00 per year).
26. Award RFP-4214-04/TLR, as
shown on page ______, Continuing Services for Security Repairs, Maintenance and
Upgrade to Site Secure, Inc., Sanford ($250,000 per yr).
27. Award RFP-4215-04/AJP – Master
Agreement, as shown on page _______, for Appraisal Services for Bunnell
Road/Eden Park Avenue, to Clayton, Roper & Marshall, Inc., of Altamonte
Springs.
28. Approve Amendment #1 and
Second Renewal, as shown on page _______, to RFP-4197-03/PWM – Irrigation
System Evaluation with Clear Water Products and Services, Inc., (NTE $100,000
per yr.).
29. Approve Amendment #2, as shown
on page _______, to RFP-4188-03/BJC – Security Services for Seminole County, to
Allied Protection Services, Inc. of Fort Myers ($179,903.36 per year).
30. Award M-427-04/PWM
Contract, as shown on page _______, Implementation of the Environmental
Services Water and Waste Water Computerized Maintenance Management System to MindSet,
Inc. of Midlothian, VA (NTE $314,000.00).
31. Award
Bid-2002-04/JVP – Furnish and Install Generator at Fire Station 12 & 14, to
Chinchor Electric, Inc., Enterprise ($72,041.51).
32. Award IFB-3090-04/BJC – Term Contract, as shown on page ______, for Solid Waste and Recycling Services, to ONYX Waste Services Southeast, Apopka.
33. Award IFB-3091-04/BJC – Term Contract, as shown on page _______, for Mowing and Clean-up of Surplus Locations, to Cato Environmental Services, Inc., Longwood.
34. Approve Amendment #2, Change of Scope, for A/B-3025A-01/GMG – Term Contract for Mowing and Grounds Maintenance Services for Park Locations, with Ameriscapes Landscape, Inc., Orlando (August 21, 2004 through August 20, 2005).
35. Report of an Emergency Purchase Order (EPO) to repair the well shaft at the Southeast Regional Water Production, with Connect Consulting, Inc., Willington ($30,000.00) (Information Purposes Only).
36. Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page _______, for Interoperable Communications Equipment for U.S. Department of Justice State of Florida, Domestic Homeland Security Region 5, Community Oriented Policing Services (COPS) Interoperability Communications Grant Program.
Library & Leisure Services
Parks & Recreation
37. Approve payment of $3,350.22 to Lake Mills Protection Association, Inc. for 9% of direct costs related to Aquatic Weed Control treatment applications completed in May 2004.
40. Approve and authorize Chairman to execute a HOME Program/SHIP Program Special Needs Subrecipient Agreement, as shown on page _______, with Seminole County Victim’s Rights Coalition, Inc.
41. Adopt appropriate Resolution #2004-R-126, as shown on page _______, naming two unnamed streets to Pringle Cove and Wizard Court to eliminate confusion with the Emergency 9-1-1 system.
42. Pulled from the agenda request to approve and authorize Chairman to execute the First Amendment to the CDBG Subrecipient Agreement with the Rescue Outreach Mission of Sanford, Inc.
43. Approve and authorize Chairman to execute revised Agreement, as shown on page _______, with the Center for Affordable Housing, Inc., to provide transitional housing for lower income households.
44. Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to the Interlocal Agreement between Seminole County and the City of Sanford for drainage improvements to the Cloud Branch Drainage System located in the Goldsboro area of the City of Sanford.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the following:
54. Approve proposed settlement relating to Parcel Number 765 of the Lake Drive road improvement project, located at 1495 Seminola Boulevard, Casselberry, Canterbury Enterprises, Inc., in the amount of $5,000.00 for use of the temporary construction easement only, excludes apportionment attorney’s fees.
55. Approve proposed settlement
relating to Parcel Numbers 228, 828A, and 828B of the East Lake Mary Boulevard
Phase IIB road improvement project, Hewitt Olson Asset Recovery Group II, Inc.,
in the amount of $139,662.19, inclusive of land value, severance damage,
attorney’s fees and cost reimbursements, and accept a Warranty Deed for the
remaining parcel after the taking.
56. Approve
proposed settlement relating to Parcel Number 127 of the Wymore Road
improvement project, located at 252 South Wymore Road, Altamonte Springs,
Wymore Enterprises, Inc., in the amount of $975.00 inclusive of land value,
improvements, attorney’s fees and cost reimbursements.
57. Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Number 144 of the Lake Drive road improvement project, Nova Doris Thompson, located at 1825 Lake Drive, Casselberry, in the amount of $65,000.00, including attorney fees and expert costs incurred.
58. Approve
and authorize execution of Purchase Agreement, as shown on page _______,
relating to Parcel Number 149 of the Lake Drive road improvement project, located
377 feet north of Lake Drive, Nova Doris Thompson, in the amount of $25,000.00,
including attorney fees and expert costs incurred.
59. Approve
and authorize execution of Purchase Agreement, as shown on page _______,
relating to Parcel Number 146 of the Lake Drive road improvement project,
located at 1811 Lake Drive, Casselberry, Lowell L. Meyer Property, in the
amount of $210,000.00 including attorney fees and expert costs incurred.
60. Approve Lake Drive Subordination of Utility Interest Agreement, as shown on page _______, between the County and Progress Energy Corporation f/k/a Florida Power Corporation relating to Parcel Numbers 168, 768 and 765 of the Lake Drive road improvement project.
61. Adopt appropriate Resolution #2004-R-129, as shown on page _______, rescinding previous Resolutions relating to the East Lake Mary Boulevard major road improvement project for which acquisition is complete. All property needed for this project listed in this Resolution has been acquired through donations, purchase agreements or litigation.
62. Adopt Fourth Supplemental and Fourth Amended Resolution of Necessity #2004-R-130, as shown on page _______, relating to Lake Drive road improvement project (from Seminola Boulevard to Tuskawilla Road).
63. Authorize Binding Written Offers relating to the combined C-15 road improvement project/Elder Creek Regional Stormwater Facility project for Parcel Numbers 16-19-30-5AC-000-0980 – BJ’s Wholesale Club, Inc. (Fee simple portion) and 16-19-30-5AC-0000-00G0 – Seminole County State Road 46, Ltd.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Maloy to approve and authorize the following:
64. Expenditure Approval Lists, as shown on page _______, dated June 1, 7, 14 and 21, 2004; and Payroll Approval Lists, as shown on page _______, dated May 20 and June 3, 2004.
65. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Melissa Dawn Saunders, #03-1877-CFA - $328
Kathleen Hastie Baker, #93-384-CFA - $238.50
Linda Sue Fritsch, #87-1036-CFB - $225
Glenn Tillman, #96-7022-MMA - $130
Michael Vincent Meagher, Jr., #97-5010-MMA - $110
Tabitha Denice Ross, #94-2660-CFB - $253
Luiz Perez, #96-6743-MMA - $185
David Charles Smith, #99-835-CFA - $344.51 Court Costs and Public Defender Indigency Fee
66. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Ricardo Aquino, #04000383MMA - $25
David M. Austin, #00001329CFA - $350
Joseph Baker, #88001561CFA - $50
Joseph Glen Baker, #94003631CFA - $200
Sean O’Neal Bennett, #03001187CFA - $200
Jeraldine Walker Daniels, #03002347CFA - $200
Tristan Frazier, #02008783MMA - $260
Chad Michael Groom, #04001257MMA - $50
John T. Harden, #04000272MMA - $25
Janice Erika Hernandez, #03003253CFA - $100
Deborah S. Houk, #00009576MM - $200
Denson Wesley Hudgens, #03002895CFA - $100
Brandon John Hudson, #02009638MMA - $100
Debbie Jean Jackson, #03006652MMA - $100
Theodore William Lepak, #03010793MMA - $200
Aaron Joshua Milavetz, #04000007MMA - $260
Theresa Mindak, #03000398CFA - $100
Efraim Pedro Rios, #04000045CFA - $200
Louiyi Jason Serrano, #03010966MMA - $100
Kenyon George Shultz, Jr., #03001670CFA - $100
Angela Marie Thomas, #03004296MMA - $100
Alan Anthony Tschirgi, Jr., #01004841CFA - $350
Loretta L. Vergos, #04000976MMA - $260
Shawn Stephen Welcome, #04002287MMA - $100
Steven James Welson, #03012190MMA - $50
Patricia Ann Williams, #97001777CFA - $50
Tereatha Wright, #94000160CJA - $50
68. Approval of the Official BCC Minutes dated May 25 and June 8, 2004.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. First Amendment, as shown on page _______, to Term Contract IFB-3078-03, Anixter.
2. First Amendment, as shown on page _______, to Term Contract IFB-3060-03, Asphalt Recycling, Inc.
3. Maintenance Agreement and Letter of Credit #805, as shown on page _______, in the amount of $5,700 for the Lakewood Pointe Office Park.
4. Maintenance Bond, as shown on page _______, in the amount of $17,212 for Magnolia Plantation, Phase 5.
5. Private Road Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $7,366.50 for Tranquility on Lake Brantley.
6. Maintenance Bond, as shown on page _______, in the amount of $24,066.80 for Wal-Mart Supercenter.
7. Work Order #17, as shown on page ______, to PS-585-01, Bentley Architects & Engineers, Inc.
8. Work Orders #20 & #21, as shown on page _______, to PS-586-01, Brown and Caldwell and SCS Engineers.
9. Work Order #4, as shown on page _______, to PS-5150-03, Environmental Consulting & Technology, Inc.
10. Amendment #1, as shown on page _______, to Work #46 and Work Order #78 to PS-590-01, Inwood Consulting Engineers and Transportation Engineering, Inc. dba TEI.
11. Work Order #15, as shown on page _______, to CC-1212-03, J. F. VII Corp.
12. Work Order #49, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.
13. Work Order #16, as shown on page _______, to RFP-4173-02, American Acquisition Title, Inc.
14. Maintenance Bond, as shown on page _______, for water and sewer in the amount of $12,369 for Dunwoody Commons, Phase 1.
15. Private Road Maintenance Bond, as shown on page _______, in the amount of $54,655 for Ashford Park.
16. Right-of-Way Maintenance Bond, as shown on page _______, in the amount of $4,951 for the Apostolic Church of Jesus, Inc.
17. Private Road Maintenance Agreement and Letter of Credit #SM206850W, as shown on page _______, in the amount of $10,548.16 for Lake Markham Preserve, Phase 2.
18. Right-of-Way Maintenance Bond, as shown on page _______, in the amount of $1,083 for Walgreens at Lake of the Woods.
19. Private Road Cash Maintenance Bond, as shown on page _______, in the amount of $37,000 for Mirror Lake Commercial.
20. Documents, as shown on page _______, submitted as follows: Lake Drive - General Warranty Deed between Judy Ann Corroll f/k/a Judy A. Beilke and Seminole County; Title Insurance Policy #A81-0142859; and Temporary Construction Easement between Judy Ann Caroll and Seminole County; Lockhart-Smith Canal - Permanent Drainage/Stormwater Easement between Orville R. Anderson and Seminole County; and Title Insurance Policy #A81-0142858.
21. Work Order #3, as shown on page _______, to CC-1188-02, Sunshine Roofing & Consulting, Inc.)
22. Work Order #3, as shown on page _______, to PS-5150-03, Water & Air Research, Inc.
23. Change Order #2, as shown on page _______, to CC-1227-04, Hicks Electric.
24. Work Orders #9 and #10, as shown on page _______, to CC-1203-03, Angel-Brite, Inc.
25. Work Order #22, as shown on page _______, to PS-586-01, Brown and Caldwell.
26. Contracts #M-438-04, as shown on page _______, with A. Galvis Painting, Inc.; #M-440-04 with Premier Systems Solutions, Inc.; #M-442-04 with Municipal Code Corporation; #M-443-04 with Connect Consulting, Inc.
27. Work Order #5, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.
28. Work Order #2, as shown on page _______, to PS-5145-03, Hartman & Associates, Inc.
29. Work Order #22, as shown on page _______, to CC-1212-03, J. F. VII Corporation.
30. Change Orders #1, #2, and #3, as shown on page _______, to CC-1212-03 with Atlas General, Inc., for Vinnie Aikens.
31. Change Order #1, as shown on page _______, to CC-1212-03 with J. F. VII Corp. for Phyllis Hall.
32. Change Order #2, as shown on page _______, to CC-1212-03 with Atlas General, Inc. for Willie & Catherine Warren.
33. Change Orders #3 and #4, as shown on page _______, to CC-1212-03 with Corinthian Builders for Edna Gordon.
34. Change Orders #3, #4, and #5, as shown on page _______, to CC-1212-03 with Atlas General for Flossie M. Ward.
35. Work Order #16, as shown on page _______, to PS-5130-02, Ardaman & Associates, Inc.
36. Work Orders #3 and #4, as shown on page _______, to CC-1188-02, Sunshine Roofing & Consulting, Inc.
37. Work Order #3, as shown on page _______, to PS-5134-02, CPH Engineers, Inc.
38. Work Order #3, as shown on page _______, to PS-5131-02, Vanassee Hangen Brustlin, Inc.
39. Work Order #16, as shown on page _______, to PS-585-01, Jacobs Facilities, Inc.
40. Certificate of Title and Performance Bond, as shown on page _______, in the amount of $179,000 for Madison Place.
41. Certificate of Title and Performance Bond, as shown on page _______, in the amount of $124,000 for Madison Creek.
42. Certificate of Title, as shown on page _______, for Tuscany Island.
43. Quit Claim Deed, as shown on page _______, between Duke Realty Limited Partnership and Seminole County and Affidavit of Corporate Identity/Authority.
44. Development Orders, as shown on page _______, for the following: David Walker; Tammy Gonzales; Juana Garcia; Kevin & Susan McGee; Charles & Marcia Muszynski; Jason Clark; Mag Development Co., Inc.; Victor Hall; David Kirk Walker (Corrected); Michael A. Degranahl; Chris and Diane Reed; Esterling Morales; Joseph Clark; Jody Krampe; Jaime and Karen Tovar; Scott Stinnett; and Mindy Passavant.
45. Addendum #1, as shown on page ________, to River Run PUD Developer’s Commitment Agreement.
46. Work Order #15, as shown on page _______, to PS-5130-02, Nodarse & Associates.
47. Letter to Maryanne Morse, Clerk, from Andrea Lorezno-Luaces, City Clerk, Winter Springs, with certified copy of Annexation Ordinances #2004-15, #2004-18 and #2004-21.
48. Letter to Maryanne Morse, Clerk, from Thelma McPherson, City Clerk, Casselberry, with certified copy of Annexation Ordinance #04-1127.
49. Conditional Utility Agreements, as shown on page _______, for Fountainhead Homeowners’ Association of Seminole County, Inc. (water), Small Bay Partners, LLC, and K & B Associates XII, LLC (water and sewer).
50. Customer Agreement, as shown on page _______, for Reclaimed Water Rates, and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for ITT Educational Services, Inc.
51. Work Order #16, as shown on page _______, to PS-594-01, Waste Energy Technology, Inc.
52. Change Orders #4, #5, #6, and #7, as shown on page _______, to CC-1202-03, CWB Contractors.
53. Sixth Amendment, as shown on page _______, to PS-576-00, Professional Engineering Consultants, Inc.
54. Work Order #3, as shown on page _______, to PS-5145-03, Hartman & Associates, Inc.
55. Certificates of Title, as shown on page _______, for Lake Forest Sections 9B and 13A.
56. Fiscal Year 2004/05 Budget Proposal, as shown on page _______, for the Seminole County Sheriff’s Office.
57. Work Order #19, as shown on page _______, to PS-586-01, SCS Engineers.
58. Work Order #5, as shown on page _______, to PS-576-00, Professional Engineering Consultants, Inc.
59. Work Order #77, as shown on page _______, to PS-590-01, Professional Engineering Consultants, Inc.
60. Work Order #5, as shown on page _______, to CC-1215-03, Gibbs & Register, Inc.
61. Development Orders, as shown on page _______, for the following: Sharon Cannon; Scott Christian; John J. Bosse, III; Rosa Ramirez; Theresa Zentkovich; John and Coralee McInerney; John Scott Mills; and Karen and Harry Arnon (Corrected).
62. Seminole County Administrative Order, as shown on page _______, for Katie Horstmeyer.
63. Addendum #1, as shown on page ________, to the First Amended Commitments, Classification, and District Description for Lake Forest PUD.
64. Notice to Contractor that claimant will look to bond of contractor from Stan Weaver & Company regarding the Seminole County Criminal Justice Center.
65. Interlocal Agreement, as shown on page _______, with the University of Central Florida dated June 21, 2004, regarding zooplankton population dynamics.
66. Amendment #1, as shown on page _______, to Work Order #17 to PS-5129-02, MACTEC.
67. Amendment #1, as shown on page _______, to Work Order #47 and Work Order #48 to PS-556-00, DCR Engineering Services, Inc.
68. Work Order #23, as shown on page _______, to PS-574-01, The Colinas Group.
69. Work Orders #17, #20, and #21, as shown on page _______, to CC-1212-03, Chad Willhite, Inc.
70. Amendment, as shown on page _______, to Conditional Utility Agreement for water and sewer for Orlando Lake Forest Joint Venture, Lake Forest Section 12B.
71. Conditional Utility Agreement, as shown on page _______, for water and sewer for the Seminole County School Board, Tuskawilla Middle School.
72. Conditional Utility Agreement, as shown on page _______, for water for Richard & Deborah Batchelor.
73. Letters of acceptance and Bills of Sale, as shown on page _______, for water systems within the projects known as Lakewood Pointe Office Park and Oviedo Crossing Professional Plaza f/k/a Physicians Associates.
74. Letter of acceptance and Bill of Sale, as shown on page _______, for the water and sewer systems within the project known as Magnolia Plantation Phase 5.
75. Bids as follows: CC-1235-04; CC-1236-04; #2000-04; PS-5163-04; PS-5164-04; IFB-3090-04; RFP-4217-04; RFP-4221-04; PS-5165-04; RFP-4215-04; RFP-4219-04; CC-1238-04; and IFB-3091-04.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
70. Adopt and authorize the Chairman to execute appropriate Budget Amendment
Resolution #2004-R-131, as shown on page _______, increasing Sheriff’s Office expenditures and
revenues by $130,174 for Altamonte Springs dispatching services provided during
the time period of July 6, 2004 through September 30, 2004.
71. Approve submittal of the Federal Bureau of Justice Assistance (BJA) application by the Sheriff. The Federal Bureau of Justice Assistance (BJA) has tentatively made $59,607 available to the Seminole County Sheriff’s Office for the purpose of reducing crime and improving public safety. Minimum required 10% match is in the Sheriff’s 2004/2005 budget submission. The funds will enable advance technology to be acquired and other equipment enhancements directly related to basic law enforcement functions.
72. Approve electronic
submission of the Department of Justice/Office of Justice Programs G.R.E.A.T.
(Gang Resistance Education and Training) grant application by the Sheriff. The U.S. Department of Justice/Office of
Justice Programs has made available funds related to the Gang Resistance
Training and Education grant. The Sheriff’s
Department would like to compete for those funds by submitting an application
for the maximum allowable of $79,097.
The funds will be used to cover the costs of trained school resource
officers/deputies to instruct students in Seminole County on the G.R.E.A.T.
philosophy.
73. Adopt and authorize
Chairman to execute appropriate Budget Amendment Resolution #2004-R-132, as
shown on page _______, in the amount of $833,925 for the Sheriff’s Office FY
03-04 budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE UPDATE
DCM,
Sally Sherman, addressed the Board to advise of a request from the Florida
Association of Counties (FAC) to join in a lawsuit with regard to the State
shifting the funding of the Department of Juvenile Justice to counties. She stated Seminole County’s legal costs to
join in the suit would be $2,776.
Commissioner
Morris stated he believes this needs to be done.
Assistant
County Attorney, Steve Lee, addressed the Board to advise Indian River County
also voted to join the plaintiff on the merits of the lawsuit. He said they are asking for a declaratory
judgment that the Statute is unconstitutional, and that the counties are not
bound by it. He said the money would be
paid into the registry of the court.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and
authorize participation in the Voluntary Special Assessment in the amount of
$2,776 for the legal proceedings on the Department of Juvenile Justice Cost
Shift.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms.
Sherman presented request from FAC for the County to participate in a special
assessment for the additional Homestead Exemption Constitutional
Amendment. She said this assessment
would be to educate the public on the impact of the additional $25,000
exemption.
Upon
inquiry by Commissioner Maloy, Property Appraiser, Bill Suber, addressed the
Board to give a brief history of when the homestead exemption was raised from
$5,000 to $25,000.
Chairman
McLain stated this will enable both pro and con to be told so that the voters
can make a good decision based on the facts.
Commissioner
Maloy stated he is not in favor of taking taxpayers’ money and using it to
advocate a certain position. He said
putting information out is one thing; but using tax money to support one side
is another.
Upon
inquiry by the Chairman, Mr. Grace advised if the additional exemption is
passed, it would have a negative impact of $16,482,998 to the County’s General
Fund and $20,000,000 to schools.
Chairman
McLain stated he does not see how the school system could recover that amount
of money.
Commissioner
Morris stated this is a political ploy from an individual in south Florida and
it will affect cities and school boards across the State in a dramatic
fashion. He said the money has to come
from somewhere and that will mean increasing taxes. He agreed that the public needs to be educated; and said Seminole
County should inform their own voters themselves.
Commissioner
Van Der Weide stated he believes it would be irresponsible if the Board didn’t
educate the voters on this issue.
Chairman
McLain stated the Board can control the message and deal with their own
citizens rather then go through FAC.
Commissioner
Maloy stated he has no problem putting the information out; but would have a
problem using tax money to fund a campaign.
The
Chairman stated the consensus of the Board is that Seminole County will
not participate in the FAC State-wide information program; and to direct the
County Manager to proceed with an informational program to be sent to the
voters, with staff to report back to the Board at a later date.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
Chairman
McLain advised Items #82 (Justin Polloni), #84 (Javier E. Omana), and #85
(Urban Conservation Village) scheduled for this evening’s meeting, are
requesting to be continued. The Board
voiced no objections to staff letting interested parties know that these
items will be continued to another date.
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The
meeting was recessed at 10:21 a.m., and reconvened at 10:41 a.m., this same
date.
REGULAR AGENDA
Planner,
Jeff Hopper, addressed the Board to present the Final Master Plan and
Developer’s Commitment Agreement for Monroe Commerce Center (South) PCD, Phase
2, comprising approximately 4.54 acres and located at the southeast corner of
Church Street and North Elder Road, Howard Schieferdecker/Small Bay Partners
LLC. He advised in order to comply with
parking standards, the applicant has agreed to limit office uses to 20% of
total floor area on the site and the balance will be devoted to less intensive
uses having a lower parking requirement.
The applicant has also agreed to dedicate additional right-of-way along
Church Street to the site’s western boundary at North Elder Road. He further advised of a correction on page 2
of the commitment agreement under building & lot restrictions, stating the
east building setback should be 20 feet instead of 25 feet. He added that staff recommends
approval.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to approve the
Final Master Plan and Developer’s Commitment Agreement, as shown on page
_______, as corrected, for Monroe Commerce Center South, Phase 2, located at
the southeast corner of Church Street and North Elder Road, Howard
Schieferdecker/Small Bay Partners LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Solid
Waste Manager, David Gregory, addressed the Board to advise Republic Services
is asking for a two-week continuance with regard to their Residential Franchise
Agreement for Service Area 3.
The
Attorney representing Republic Services addressed the Board to state they feel
very badly about the position they have put the County in; and they would like
some time to work on their numbers to get their charges down.
Mr.
Thomason, representing Republic Services, addressed the Board to state they
feel very privileged to be serving Seminole County; and they are very close to
working out the numbers that the former manager committed to.
Upon
inquiry by the Chairman, Mr. Gregory advised staff has no objections to the
continuance.
Mr.
Grace advised the two-week delay will not impact the County should they have to
go out to bid.
Commissioner
Van Der Weide stated he thinks a two-week delay is okay as long as staff is not
opposed to it.
Commissioner
Maloy said he has no problem with the continuance. He added that he has gotten very few complaints about Republic
and he believes they have done a good job.
Commissioner
Henley stated, for the Record, that he met with Republic’s attorney on this
matter. Whereupon, the Chairman stated
he believes all the Commissioners have met with him.
Motion
by Commissioner Henley, seconded by Commissioner Maloy to continue for two
weeks consideration of the residential collection services for Franchise
Service Area 3 with Republic Services.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Planner,
Jeff Hopper, presented request for approval of the Lakeview at Heathrow PUD
Minor Amendment and Final Master Plan, located on the west side of Banana Lake
Road, 0.7 mile south of CR 46A, Meredith H. Pickens/Shutts & Bowen. He advised the applicant is requesting a
minor PUD amendment to reduce buffer and setback requirements relative to the
adjacent property to the north. The
abutting site on the north is the location of Banana Lake PUD, approved for
single-family development at four units per acre, which is significantly higher
than allowed under the zoning and land use classifications in place at the time
Colonial Grand was approved in 2002. He
added that the staff recommends approval.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the
Lakeview at Heathrow PUD Minor Amendment, as shown on page ________, and Final
Master Plan, located on the west side of Banana Lake Road, 0.7 mile south of CR
46A, Meredith H. Pickens/Shutts & Bowen.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Planner,
Craig Shadrix, addressed the Board to request approval of funding by the
Natural Lands Program for the expansion of the Central Florida Zoo.
Motion
by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize
funding in an amount of up to $385,000 from the Natural Lands Program for the
expansion of the Central Florida Zoo (Woodland Park property).
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recognized Allen Cooperson and Charles Hill, Boy Scouts, who were in
attendance earning their Citizenship Badge.
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Director
of Human Resources, Janet Davis, addressed the Board to present the proposed
revised Seminole County Personnel Policies and Procedures Manual, Section
311.0, to further define Regular Full-time, Regular Part-time employees and
Internship positions work schedules.
Commissioner
Henley stated he is not satisfied with what staff is proposing. He said he believes the policy should more
clearly define the 40 hours. He added
that he is not in favor of 32 hours.
Chairman
McLain suggested Commissioner Henley meet with Mr. Grace to further discuss
this policy. The Board voiced no
objections to continuing this item so that Mr. Grace and Commissioner
Henley can come up with an alternative proposal and bring this back at a future
meeting.
COUNTY ATTORNEY’S BRIEFING
Mr.
McMillan advised he will be out of town next week. He also advised that Assistant County Attorney, Karen Conselo,
will be leaving the County to work for the City of Orlando.
COUNTY MANAGER’S BRIEFING
Mr. Grace advised the County
closed on the Florida Water System and it is now County property.
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The Chairman recessed the meeting at 11:05 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioner Van Der Weide 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.
Motion
by Commissioner Henley, seconded by Commissioner Morris to authorize filing of
the proofs of publication for this meeting's scheduled public hearings.
Commissioner
Van Der Weide entered the meeting at this time.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to vacate and abandon an approximate 30 ft. x 20 ft. wide
portion of the 20 ft. wide platted drainage easement at the rear of the
property located at 228 Capri Cove Place, Sanford, Florida, Robert & Debra
Good, received and filed.
Rebecca
Hammock, Development Review, addressed the Board to advise the applicants plan
to construct a 192 sq. ft. shed at the rear of the subject property. She stated the Board of Adjustment approved
a variance on January 26, 2004 to allow the applicants to encroach into their
side and rear yard setbacks by 5 ft.
Staff has determined that the vacate would not diminish the
effectiveness of the subdivision drainage system. Staff recommends approval to vacate that portion of the 20 ft.
platted drainage easement.
Robert
Good, applicant, addressed the Board to state he does not wish to speak.
No
one spoke in support or in opposition.
District
Commissioner McLain recommended approval of the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt
appropriate Resolution #2004-R-133, as shown on page ________, vacating and
abandoning an approximate 30 ft. x 20 ft. wide portion of the 20 ft. wide
platted drainage easement at the rear of the property located at 228 Capri Cove
Place, Sanford, Florida, as described in the proof of publication, Robert &
Debra Good.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain introduced Ted Barker who was in attendance.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to approve transmittal of the proposed text amendment updating
the CIE Exhibits section of the Capital Improvements Element of the
Comprehensive Plan, received and filed.
Dick
Boyer, Planning, addressed the Board to state the Exhibits section of the CIE
is updated to incorporate newly budgeted projects into the County’s five year
Capital Improvements Element. He stated
once the County’s fiscal year budget is adopted in September, the list of
capital projects will be revised to reflect the adopted budget and include
previously approved projects (rebudgets).
This will be brought back to the Board for approval in December, 2004.
Upon
inquiry by Commissioner Henley, Mr. Boyer advised the Drainage Element reflects
what stormwater drainage had put into the CIE at this point.
Mr.
Grace stated it has to do with some major Water Management District grants but
it is one-time monies for many different projects.
Commissioner
Morris discussed with Mr. Grace and Alice Gilmartin the funding for the Cross
Seminole Trail.
Commissioner
Maloy left the meeting at this time.
Mr.
Grace stated this is the CIP that was presented to the Board last year. He suggested discussing this issue during
next week’s Budget work sessions.
Commissioner
Maloy reentered the meeting at this time.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve
transmittal of the proposed text amendment updating the CIE Exhibits section of
the Capital Improvements Element of the Comprehensive Plan, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain stated he recently received a copy of some information on Seminole
County new business activities from October 1, 2003 to June 28, 2004, and he is
happy to report that the County’s industrial space has increased
dramatically. He reported on how much
capital investment, office and industrial space has increased. He stated the economy is doing very well as
a lot of businesses have expanded or joined the County. He said he is happy to report that.
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Chairman McLain informed the Board that the County has received a Technology award. He stated the County has been working very diligently over the last several years to improve their technology, internet and other services that they offer.
Mr.
Grace stated the County won a Digital Government Award. Seminole County was third in their category.
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Chairman McLain stated the Solid Waste Division has won a national award as well.
Mr.
Grace stated the Solid Waste Division was named the number two best landfill in
the country. He stated the landfill is
a very incredible, very complicated and scientific operation, and the award
covers a lot of categories including environmental, financial and personnel
issues. He said he would like to give
kudos to those who put a lot of hard work out there.
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Chairman McLain stated Lake Mary Base Priority Healthcare expanded their facility recently and they created 450 jobs. Also Leisure Bay consolidated three of their locations into a single 300,000 sq. ft. facility in Lake Mary with 90 new jobs. Kinetics expanded their facility to 17,000 sq. ft. and they plan to add an additional 60 new jobs as well. Their capital investment is expected to be over $3 million.
Commissioner
Henley stated the hotel and motel usage was up about 15% as well.
The following Communications and/or Reports
were received and filed:
1.
Notice of
public hearing to be held 6/17/04 for considering Minor Site Development Order
#330-04-City of Oviedo. (cc: Co.
Manager, Planning & Development Director, Planning Manager, Property
Appraiser, Supervisor of Elections)
2.
Letter dated
6/07/04 to Chairman (with attachment) from Frank Hickson, Project Management
Supervisor-Fla. Department of Transportation re: SR 50 improvements in East
Orange County. (cc: Co. Manager, Co.
Engineer)
3.
Letter dated
6/07/04 to Chairman (with attachment) from Mike Snyder, Executive Director
Orlando-Orange County Expressway Authority, re: SR 429/494 (Maitland Boulevard
Extension) public information meeting.
(cc: Co. Manager, Co. Engineer)
4.
Notice of
public hearing to be held 6/17/04 for rezoning from R-1A to DC-City of Lake
Mary. (cc: Co. Manager, Planning &
Development Director, Planning Manager, Property Appraiser, Supervisor of
Elections)
5.
Seminole County
Public Safety Coordination Council meeting minutes-May 20, 2004.
6.
Orlando/Orange
County Convention & Visitors Bureau June 2004 Community Brief.
7.
Agenda for
Waterfront Master Plan Steering Committee meeting 6/16/04 – City of Sanford.
8.
Notice and
agenda for Seminole County Port Authority meeting 6/16/04.
9.
Copy of letter
dated 6/02/04 to BCC (with attachment) from James W. Kennedy, Director John F.
Kennedy Space Center, re: KSC’s Fiscal Year 2003 Annual Report.
10.
Contracts, as
shown on page ________, between Seminole County Parks and Recreation and
Alphonse Milano (Slow Pitch Softball Scorekeeper) and (Slow Pitch Softball
Umpire).
11.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3869-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
12.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3873-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
13.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3874-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
14.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3875-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
15.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3876-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
16.
Memorandum
dated 6/22/04 to BCC (with attachment) from Kevin Grace, Co. Manager, re:
Resignation of Robert Frank, Deputy County Manager.
17.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3877-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
18.
Notice of
public hearing to be held 6/28/04 for adoption of annexation Ordinance
3878-City of Sanford. (cc: Co. Manager,
Planning & Development Director, Planning Manager, Property Appraiser,
Supervisor of Elections)
19.
Copy of letter
dated 6/16/04 to Joseph Sposaro and Ernest Hatton from Sally Sherman, Deputy
Co. Manager, re: Cedar Ridge MSBU.
20.
Copy of letter
dated 6/18/04 to Joseph Sposaro and Ernest Hatton from Kathy Moore, MSBU
Program Manager, re: Cedar Ridge Quarterly Site Inspection & Entrance
Refreshing Plans.
21.
Memorandum
dated 6/17/04 to BCC (with attachment) from Suzan Bunn, Director of Tourism re:
Altamonte Springs Merrill Complex contract.
22.
Copy of letter
dated 6/18/04 to Gwen & Bob Szelc from Jane Peterson, Library Services
Manager, re: Appreciation for donation.
(cc: BCC, Library & Leisure Services Director)
23.
Contract, as
shown on page ________, between Seminole County Parks & Recreation and Ben
Cutcher (Slow Pitch Softball Umpire).
24.
Letter dated
6/25/04 to Chairman McLain (with attachments) from Charles Gauthier, FL Dept.
of Community Affairs, re: Notice of Proposed Change #12 for Heathrow International
Business Center DRI. (cc: BCC, County Manager, Planning & Development
Director, Planning Manager, Development Review Manager)
25.
Copy of letter
dated 6/25/04 to Russel Hauck, Altamonte Springs Mayor, from Bill Suber,
Seminole County Property Appraiser, re: preliminary values for Altamonte
Springs Community Redevelopment District.
26.
Copy of letter
dated 6/25/04 to Brady Lessard, Sanford Mayor, from Bill Suber, Seminole County
Property Appraiser, re: preliminary values for Seminole Towne Center Community
Redevelopment District.
27.
Copy of letter
dated 6/25/04 to Brady Lessard, Sanford Mayor, from Bill Suber, Seminole County
Property Appraiser, re: preliminary values for Sanford Downtown Community
Redevelopment District.
28.
Copy of letter
dated 6/25/04 to Brady Lessard, Sanford Mayor, from Bill Suber, Seminole County
Property Appraiser, re: preliminary values for Sanford Community Redevelopment
District.
29.
Letter dated
6/23/04 to BCC (with attachments) from Brad Safley, Bureau of Public Land
Administration-EPA, re: Notice of intent to sell surplus state land in Seminole
County. (cc: County Managers,
Administrative Services Director, County Attorney)
30.
Letter dated
6/22/04 to Chairman McLain from D. Ray Eubanks, FL Dept. of Community Affairs,
re: submission of Plan Amendment #40-1.
31.
Letter dated
6/23/04 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks,
re: announcement of National Star Teacher Awards recipients.
32.
Copy of letter
dated 6/24/04 to George Gilhooley, FL DOT District V, from Harold Barley, MPO
Executive Director, re: support of implementing the Strategic Intermodal
System.
33.
Copy of letter
to Diane Parker, Seminole County Regional Chamber of Commerce (with
attachments) from Everett Huskey, Huskey Development, re: Seminole County
slogan.
34.
Letter dated
6/24/04 to Chairman McLain (with attachments) from Joe Saviak, LYNX, re:
Medicaid transportation funding.
35.
Bureau of
Justice Statistic Bulletin May 2004.
36.
Memorandum
dated 6/14/04 to BCC (with attachment) from Kurt Spitzer, FL Stormwater Assoc.,
re: Water Quality Initiative-Total Maximum Daily Loads.
37.
Copy of letter
dated 6/23/04 to Ken Wright, Shutts & Bowen, from John Litton, Lake Mary
City Manager, re: Colonial Center Heathrow.
38.
Copy of letter
dated 6/20/04 to Jamie Croteau, Administrative Services Director, from Ed
MacClellan, FL Assoc. of Christian Child Caring Agencies, Inc., re: future use
of Children’s Village property.
39.
Copy of letter
dated 6/23/04 to Bob Adolphe, Environmental Services Director, (with
attachment) from Meredith Pickens, Shutts & Bowen, re: Well Site Easement
at Lakeview Estates.
40.
Copy of
memorandum dated 6/16/04 to Sally Sherman, Deputy County Manager, (with
attachments) from David Gregory, Solid Waste Manager, re: Solid Waste Franchise
negotiations. (cc: Co. Manager, BCC)
41.
Letter dated
6/17/04 to Chairman McLain (with attachments) from Tricia Johnson, Orlando
Regional Healthcare, re: South Seminole Hospital growth.
42.
Agenda for June
28, 2004 Sanford Community Redevelopment Agency Special Meeting.
43.
Copy of
memorandum to Sandy McCann, County Commission Records, from Becky Noggle,
Environmental Services, re: Submission into County Records.
44.
Letter dated
6/11/04 to Chairman McLain from Connie Ruggles, Office of the Deputy Secretary
for Medicaid, re: Medicaid non-emergency transportation program. (cc: BCC, County Managers, County Attorney,
Deputy County Attorney)
45.
Copies of
letters with varied dates from Ken Roberts, Director of Public Safety, re:
Appreciation for donation to Animal Services to: Karen Weaver, Joellen Luther, Mary Ann Forster, Susan Graham,
Wilson Benjamin, J. Brent Smartt.
46.
Contract for
services, as shown on page ________, between Seminole County Parks and
Recreation and the following: James
Lanzi (Tennis Instructor), Nancy Pisano (Slow Pitch Softball Field Supervisor),
Lauren Wolken (Tennis Instructor), Ronald Spencer (Slow Pitch Softball Umpire),
Kevin Mercuri (Slow Pitch Softball Umpire).
47.
Letter dated
6/26/04 to BCC from Lafayette Forest Board of Directors re: Opposition to rezoning
on Mikler Road & Red Bug Lake Road.
(cc: Co. Manager, Deputy Co. Manager, Planning Manager)
48.
Letter dated
6/30/04 to BCC (with attachment) from Cynthia Porter, Deputy City
Clerk-Sanford, Re: Notice of Public Hearing on 7/12/04 for annexation Ordinance
#3881. (cc: Co. Manager, Planning &
Development Director, Property Appraiser, Supervisor of Elections)
49.
Letter dated
6/29/04 to Chairman (with attachments) from Barbara Barbour, City Clerk-Oviedo,
re: Minutes from work session regarding Friends of Winter Miles. (cc: BCC, Co. Manager, Deputy Co. Manager,
Planning Manager)
50.
Notice and
agenda for Sanford Community Redevelopment Agency meeting 7/07/04.
51.
Notice of
Customer meetings to discuss petition for rate increase by Florida Public
Utilities Company on 7/07/04 and 7/08/04.
52.
Letter dated
6/30/04 to BCC from Eloise Sahlstrom, Sr. Planner-Oviedo re: Administrative
rezoning of the Old Sanford-Oviedo Road area.
(cc: Co. Manager, Deputy Co. Manager, Planning Manager)
53.
Copy of letter
dated 7/01/04 to Karla Bilderbeck from Joe Gasparini, Parks and Recreation
Manager, re: Appreciation for donation to purchase of Live Oak tree.
54. Parks/Recreation Contract for Services, as shown on page _________, for James A. Crumrine (Slow-pitch Softball Umpire).
55. Notice of 7/14/04 Seminole County Port Authority (SCOPA) Board meeting.
56. Memorandum dated 7/1/04 (with attachment) to BCC from Mary Kay Cariseo, FL Assoc. of Counties (FAC), re: Voluntary Special Assessments.
57. FL Housing Finance Corp. 2003 Annual Report.
58. Copies of letters dated 7/7/04 from Jane Peterson, Library Services Manager, re: appreciation of donations to: Winter Park Coterie, c/o Mrs. James K. McGann and The Spring Valley Garden Club, c/o Patricia Borden.
59.
Copy of memorandum dated 7/9/04 to Sandy McCann, Commission
Records, from Becky Noggle, Environmental Services, re: Submission into County
Records.
60. Notice of 7/14/04 Sanford Waterfront Master Plan Steering Committee meeting.
61. Notice of 7/22/04 City of Casselberry Board of Adjustment public hearing re: variance for property at 593 Westshore Ct. (cc: BCC, County Manager, Deputy County Manager [SS], Planning Manager)
62. Notice of 7/27/04 City of Lake Mary Planning & Zoning Board public hearing re: sign variance for property at 5000 CR 46A. (cc: BCC, County Manager, Deputy County Manager [SS], Planning Manager)
63. Notice of 7/15/04 City of Sanford public hearing re: conditional use for property at 105 E. First St. (cc: County Manager, Deputy County Manager [SS], Planning Manager)
64. Letter dated 6/30/04 (with attachment) to Chairman McLain from John P. Saboor and Doug Barclay, Central FL Sports Commission, re: June activity report.
65. Copy of letter dated 6/29/04 to Jane Weinstein from Chairman McLain re: Wekiva Parkway.
66. Copy of letter dated 6/28/04 to Andrew Van Gaale, Deputy Sanford City Manager, from Lori Solitro, Community Development, re: Front Porch Reading Academy Building.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to
appoint Terry Futrell to the Swimming Pool Contractors Board for a 1-year term
ending January 1, 2005; and reappoint William Fahey to the Code Enforcement
Board for a three-year term ending January 1, 2007.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Henley stated he would like to inform the Board that Osceola County Commissioner Mercer’s mother passed away yesterday.
Commissioner
Morris requested Commissioner Henley to send the Board’s regards.
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Commissioner Henley stated he has received several calls relating to snipe signs being placed in right-of-ways. He stated he spoke to Mr. Grace with regard to the number of them cropping up on SR 434 and I-4. He said he received a letter from a gentleman from Sanford indicating that he is very upset about these signs. He stated he feels it would be appropriate for the Board to inform the Code Enforcement officers to be more diligent with picking them up. He added the Board might want to deal with the repeat offenders. The gentleman indicated that the County needs to be more diligent with this and he would have to agree.
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Commissioner McLain stated he received a letter from Gary Rudolph, Central Florida Chapter of Disabled Veterans, requesting that the County allow the Disabled Veterans to hunt at Yankee Lake and he would support that request.
Motion by Commissioner Henley, seconded by Commissioner Morris to authorize
staff to work with Mr. Rudolph relating to his request and bring it back to the
Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLain requested a motion be made to appoint Deborah Kirby to the Disability
Advisory Board.
Motion by Commissioner Morris, seconded by Commissioner Henley to appoint
Deborah Kirby to the Disability Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Maloy, seconded by Commissioner Morris to accept the
resignation of Tony Tizzio from the Trails and Greenways Advisory Committee;
appoint Dan Anderson and Debra Reimers to the Trails and Greenways Advisory
Committee for a term ending 01-01-06; and appoint Deborah Staley to the
Disability Advisory Board for a term ending 01/01/05.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Maloy updated the Board on the dedication of the Jamestown Historical Marker on SR 436 and Jamestown. He stated the dedication went really well as there were approximately 75 people in attendance.
Chairman
McLain stated a dedication ceremony was also held in Geneva and there was a
pretty good crowd in attendance as well.
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Commissioner Maloy discussed the issue of the Chuluota Water being purchased by another company. He said he believes the facility will change from chlorine to chlorine-free and DEP is requiring that three special bacterial samples per day be taken at different locations. They are advising the residents to boil their water for drinking and cooking. It seems as though the service is getting worse. The DEP is checking this out but it is an ongoing frustration for a lot of the people living out there.
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Commissioner Maloy stated the Board has had discussions relating to the medians. He stated there were discussions on how they are going to retrofit a couple of roads for irrigation using the ponds. He said a lady from Chuluota informed him that there are about 16 dead trees up and down the new portion of their area. He said he would recommend that they not plant any more trees until the County finds a way to water these medians.
Commissioner
Morris stated the pilot plan on the ponds will be going before the Board
soon. He stated he has requested that
the pilot project be expanded to Tuskawilla.
The water truck issue will be coming before the Board as well. He would like for the District Commissioner
to be patient as there are meetings scheduled for next week relating to those
issues.
Commissioner
Maloy stated he would agree with that, but he can’t see spending any more money
on landscaping when the trees are expiring.
The County needs to be able to take care of them as some of the plants
have been there for 5 years and now they have expired. He stated he would recommend just planting
grass in these areas and not do landscaping at this time.
Commissioner
Van Der Weide stated he has the same concerns and he feels that staff can come
up with a solution that will make sense.
If the County doesn’t have a plan to make this work, then why embarrass
themselves by spending taxpayers’ money and then lose them.
Commissioner
Henley stated he would suggest staff take a look at those ponds and retention
areas that remain wet as a possible source for irrigation to those areas that
need it most.
Commissioner
Maloy stated he doesn’t see putting landscaping in the medians of the new roads
if there isn’t going to be irrigation.
Chairman
McLain stated if the County is building roads and they are not installing
irrigation, then piping needs to be installed to those medians.
Mr.
Grace stated the answer may be that they make it a part of the road
construction program.
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Commissioner Morris stated he would like to bring up an issue relating to the urban boundaries in Oviedo, Winter Springs and Sanford. He stated the County is in the process of renegotiating a joint agreement with the City of Oviedo.
Commissioner
Maloy left the meeting at this time.
Commissioner
Morris continued by stating he thought the County had a solution at one time
with the City of Winter Springs litigation and that solution was violated. The County has an urban rural boundary and
it determines the service area district.
There have been conversations with the legal department and Planning
with regard to the urban boundary.
Under the Charter, the County has the right to request the voters if
they would like overall protection of the urban boundary by determining
compatibility and changing the Comp Plan.
If the cities of Oviedo, Winter Springs or Sanford were to annex into
the rural areas beyond the urban boundary, that a change to the Comp Plan would
have to be approved by this Board. To
do this, a charter change (by Ordinance) needs to be done. He stated he has asked the County Attorney
to give an outline on this issue.
Upon
inquiry by Chairman McLain, Commissioner Morris advised the real issue is the
eastern portion of the County. There is
a defined rural urban boundary from the north county line of Volusia County to
the Orange County border. That seems to
be the issue of annexation.
Chairman
McLain asked why not have it for all incorporated areas.
Mr.
Grace stated the other are in urban service area and most of those getting
changed are not inappropriate.
Discussion
ensued relative to the urban service areas being set up for low density
residential and the cities wanting to build apartments.
Upon
inquiry by Mr. Grace, Commissioner Morris advised his idea is to protect the
rural boundaries.
Robert
McMillan stated the County has land use authority in what is currently east of
the urban services line in the rural area.
The cities can do anything they want to do in that area that is
consistent with the County’s Comp Plan.
Any land use change would have to come to the Board. The Board would have to bring back a
proposed ordinance at their next meeting with ballot language for approval at
the next election. The Board would then
need to authorize approval of advertising.
The proposed ordinance would then be adopted during the first meeting in
August. The Board would need to submit
the ballot language to the Supervisor of Elections office by the first week in
September in order to get it on the ballot in November. There is time to do this as long as the
proposal doesn’t get so complicated that it is impossible to get the ordinance
and ballot language together between now and the next Board meeting.
Upon
inquiry by Commissioner Van Der Weide, Mr. Grace advised he just heard about
this within the last few days and he has not run this by the City Mayors and
City Managers. He stated staff is
trying to finalize with the Cities of Casselberry and Winter Springs and they
have invited the County to come to their city halls for meetings. He said he would like to know if the Board
would like to meet at the two city halls.
Commissioner
Morris stated Mr. Fisher has had an opportunity to look at the urban service
language in the Comp Plan.
Don
Fisher, Planning & Development Director, addressed the Board to display a
map and review the urban service boundary line areas of the County.
Chairman
McLain stated he feels the Board has been consistent in their effort to protect
the eastern area of the County and its rural nature. He stated he doesn’t have any objections with staff coming back
with an ordinance for the Board to evaluate.
He added he would hope the County would communicate with those cities
and they need to understand the County’s intention.
Commissioner
Van Der Weide stated if staff can’t put this into the timeframe of getting it
on the ballot, the Board can call a special meeting.
Commissioner
Morris stated the issue here is this usurps no current right the cities have on
land that they currently have in their jurisdiction. It requires the Board’s consent of any land use change.
Motion by Commissioner Morris, seconded by Commissioner Henley to direct the
legal and Planning staff to draft the appropriate language relative to the
urban area boundaries for the Board to review and to take it to a public
hearing if the Board determines to do so; and authorize the County Manager to
contact all of the City Managers regarding this issue.
Districts
2, 3, 4 and 5 voted AYE.
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Commissioner Morris referred to the audit of the Traffic Engineering and Stormwater Division completed by the Clerk of Circuit Court. He stated he has great concern with regard to Item #1 as he has not seen in writing that this has been rectified.
Mr.
Grace stated he has not had a chance to review this with staff relative to what
actions they can take to find a solution to those, but he will get back to the
Board with same.
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Commissioner Morris stated Commissioner McLain serves on the Florida Association of Counties Board of Directors in his absence, but he nor Commissioner McLain did not attend the last meeting. Commissioner Morris stated he was in Chicago at that time.
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Commissioner
Morris stated he has had several conversations with staff relating to the use
of defibrillators and what the private sector and other governments are
doing. He stated the County has limited
use of external defibrillators. He
asked the Board if they are interested in expanding the program of external
defibrillators. He said there are none
in the libraries, one is in the Courthouse and the Sheriff has placed them in
all the police vehicles. He asked for a
quick update on this issue.
Frank
Kirk, EMS Manager, addressed the Board to introduce Angel Nater, EMS Senior
Coordinator. Mr. Kirk stated the County
has taken an approach to research this issue to see what they can do. This year, the County has pursued an
automatic defibrillator program through the EMS community throughout the County
with the help of the American Heart Association and other entities. What they would like to do is develop a
strategic plan of being able to place external defibrillators in various
governmental, school buildings and other areas throughout the County. One of the advantages of this program is the
defibrillator can be operated by the citizens with very little training and
with the assistance of taking the instructions off the wall. Staff would like to develop a strategic plan
with a funding mechanism and then bring it back to the Board. He stated Mr. Nater was sent to Seattle,
Washington, to attend a national AED conference to learn how to develop a
countywide AED program. Staff is in the
preliminary stages of putting it together.
Chairman
McLain stated he feels the Board unanimously supports a strategic plan.
Mr.
Grace stated money could be set aside to start implementing the program.
Upon
inquiry by Mr. Grace, the Board voiced no objections to meeting
with the Cities of Oviedo and Winter Springs at their city halls relating to
the urban boundary areas.
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Mr.
Grace requested the Board to appoint Bob Adolphe as an alternate representative
to the Wastewater Transmission Authority.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
appoint Bob Adolphe as an alternate representative to the Wastewater
Transmission Authority.
Districts
2, 3, 4 and 5 voted AYE.
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Mr.
Grace stated he would like Mr. Fisher to update the Board on the potential
administrative rezoning in Alafaya.
Mr.
Fisher stated in April 2004, staff had discussions with the Board relating to
contacting the property owners along the Alafaya trail between Lake Hayes and
Beasley in regard to an administrative land use amendment from Low Density
Residential to Office. Notices were
sent out to the property owners and they all responded back positively that
they would like the County to process a Land Use Amendment.
The
Board had no objections.
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Mr. Grace stated he would like Ms. Rotella to update the Board on the Jetta Point property, particularly as it relates to the FCT grant.
Colleen
Rotella, Community Resource Manager, addressed the Board to state staff is
finalizing a reimbursement with the Florida Communities Trust. It will be in the neighborhood of $1.4 to
$1.6 million. There have been
discussions relating to whether or not the Board remains open to potentially
surplusing a 2-acre site. At this
point, in order to finalize the FCT reimbursement, staff needs to understand
what the Board’s position is on this.
Commissioner
Morris stated the County has a sizable grant in an amount of $1.4 to $1.6
million. He stated the Board could
accept this money but not put this as excess land. If the Board keeps the money and if they have to change the land
use, they can go through an amendment process by amending the land use and go
to surplus and return the funds to the State.
He recommended taking the full grant and then address this issue in the
future when they go to build out of the land.
Upon
inquiry by Commissioner Morris, Ms. Rotella advised the State could reject
this. If they approve, the County would
have to reappraise the property at that time and return a portion of the
appraised value.
Chairman
McLain stated he feels it is best to leave that money in the public trust at
this point.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
include the 2+/- acres in the full park plan (Jetta Point) and under the
benefit of the trust money.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace reminded the Board of the Budget Work Sessions scheduled for next week.
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Commissioner Henley informed the Board of cake upstairs in honor of Commissioner Morris’ birthday.
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The Chairman recessed the meeting at 2:26 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, with the exception of Commissioners Maloy and Morris, who were absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Proof of publication, as shown on page _______, calling for a public hearing to consider approving transmittal of a Large Scale Land Use Amendment from Office to PD (Planned Development) to the Florida Department of Community Affairs, on approximately 27.2 acres, located on the northeast corner of Orange Boulevard and CR 46A, Justin Pelloni, received and filed.
Chairman McLain stated he understands the applicant has requested a continuance.
Matt West, Planning Manager, addressed the Board to state he had a discussion with the applicant yesterday and he forwarded a letter (copy received and filed) requesting a continuance to August 10, 2004.
No one spoke in support or in opposition to the continuance.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to continue to August 10, 2004, 7:00 p.m., or as soon thereafter as possible, the request to approve transmittal of a Large Scale Land Use Amendment from Office to PD (Planned Development) to the Florida Department of Community Affairs, on approximately 27.2 acres, located on the northeast corner of Orange Boulevard and CR 46A; as described in the proof of publication, Justin Pelloni.
Districts 3, 4, and 5 voted AYE.
LARGE SCALE LAND USE
Proof of publication, as shown on page _______, calling for a public hearing to consider approving transmittal to the Florida Department of Community Affairs of a Large Scale Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development) and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, Javier E. Omana, received and filed.
Mr. West stated staff has received a letter (copy received and filed) requesting a continuance to July 27, 2004, 7:00 p.m.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to continue to July 27, 2004, at 7:00 p.m., or as soon thereafter as possible, the request to approve transmittal to the Florida Department of Community Affairs of a Large Scale Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development) and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection; as described in the proof of publication, Javier E. Omana.
No one spoke in support or in opposition to the continuance.
Districts 3, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending the Seminole County Land Development Code to include creating the Urban Conservation Village Overlay Zoning Classification.
Tony Walter, Assistant Planning Manager, addressed the Board to state staff is requesting a continuance to July 27, 2004, to work out a few more details on the ordinance and to review some information staff has asked Mr. Ardent to forward on this concept.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to continue to July 27, 2004, at 7:00 p.m., or as soon thereafter as possible, the request to consider adoption of an Ordinance amending the Seminole County Land Development Code to include creating the Urban Conservation Village Overlay Zoning Classification; as described in the proof of publication.
No one spoke in support or in opposition to the continuance.
Written Comment Form from Thomas Burr in support of the continuance was received and filed.
Districts 3, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal of the Board of Adjustment’s decision to deny a special exception for the continued placement of a recreational vehicle as a limited use in the A-5 (Rural Zoning Classification) District for a six-month period located at 1290 Bee Lane, Michelle Chalstrom, received and filed.
J. V. Torregrosa, Planner, addressed the Board to state the Board of Adjustment denied the extension because they felt the applicant had not shown substantial progress in obtaining the required permits. He advised that the applicant provided additional information (received and filed) to staff yesterday that they have received and obtained a permit from the Building Division on July 7, 2004, and there are letters of support from the residents on Bee Lane. Based on the stated findings and additional information provided by the applicant, staff is recommending the BCC reverse the decision of the Board of Adjustment and approve the special exception for the recreational vehicle for a period of six months.
Commissioner Henley stated that during the discussion before the Board of Adjustment, one of the criticisms was the appellant had not provided evidence that they had been going off-site for dumping purposes. As he looked back through the staff report, it did not indicate when they were supposed to submit the evidence. Since that was a point of confusion, he thinks it would be appropriate to let the appellant know how frequently staff wants them to present those certificates.
Mr. Torregrosa stated he believes the original BOA’s decision stated they were to show they were going off-site once a week.
Chairman McLain asked isn’t once a week too often. He said that might be a little bit too restrictive. He thinks staff can work that out in a more reasonable fashion without the Board dictating what time that should be.
County Manager Kevin Grace stated he had spoken with District Commissioner Morris this evening and he stated he would be in favor of a six-month extension of the special exception.
Upon inquiry by Chairman McLain, Michelle Chalstrom, appellant, stated they are satisfied with the new staff recommendation.
Ted Allen, 421 Pinesong Drive, addressed the Board to state he has contracted to construct the house. He was notified that the permit is ready to be issued, and he is waiting now on the notice of commencement. He said the company handling the closing is out of Ohio, and that could affect the time schedule.
Chairman McLain stated that typically the Board’s attitude is as long as they see substantial movement towards completion in an expeditious manner that is acceptable. He said if they run a little short on time, they could work that out. But if six months from now the time has expired, and he has not done anything, the Board would be concerned about that.
Tim Lee, 1133 Bee Lane, addressed the Board to state he has been the leader of the pack ever since this began 14 months ago. He said the appellant has parked the RV on the lot and is still living in it with no power and no running water, but is living off a generator. They have no septic. They are obviously using a holding tank on the RV. The RV sits for three or four months not being moved at all. He asked what kind of lifestyle was that with no power, running water or sewage disposal. He said the appellant had to be forced to come before the BOA in October of last year to get the County to grant them six months to stay on the property. He said they have done nothing. They have not put in a well or septic. The plans sat for two months until a few weeks ago when the appellant went to get the permits to build the house. He said there are no changes to the property. They have turned a blind eye to what the County recommended them to do. He stated the majority of the residents do not like the RV sitting there and would like to see it removed.
During discussion, Commissioner Henley pointed out to Mr. Lee the names of residents who have signed the petition in favor of the special exception.
Chairman McLain stated the incidents of the past are all “water under the bridge.” He said the appellants have actually pulled a permit and hired a contractor, and the County staff is recommending giving them six months. If they don’t do anything now, there will be a problem. He said the staff would deal with the appellant on the issues Mr. Lee spoke of. He explained the appellant would have to get a temporary power pole to start construction and put in a septic tank because the County won’t give them a certificate of occupancy on a house without the proper septic. He said he understands Mr. Lee’s frustration, but he thinks they are towards the end of this. He hopes the appellants would become good neighbors in the community and hopes all of them will try to work together as a community. He asked Mr. Lee to keep staff informed if he has any complaints about what he sees on the property, and he is hoping this will be the end of the problem.
Gene Walten, 2000 Monticeto, co-owner of the property, addressed the Board to state the appellant is his niece and he is involved with her in the financing. He submitted a Petition, as shown on page _______, of names of people who are in favor of the special exception extension. He said this is a majority of the residents, 12 of 17, in favor. He said they have had some temporary delays. He knows that Ms. Chalstrom feels strongly about being cooperative with the neighborhood and being a good neighbor. He said there is only one child living with the appellant and only three people total living there. He said the appellants were hauling the sewage away. The County had been on site and there was no evidence of sewage disposal. He said the appellants are very conscientious of the environment.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to support the District Commissioner’s recommendation to reverse the Board of Adjustment’s decision, thereby granting a special exception for the continued placement of a recreational vehicle as a limited use in the A-5 (Rural Zoning Classification) District for a six-month period at 1290 Bee Lane; as described in the proof of publication, Michelle Chalstrom; Decision on Appeal, as shown on page _______.
Districts 3, 4, and 5 voted AYE.
LARGE SCALE LAND USE AMENDMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of transmittal of a Large Scale Land Use Amendment from SE (Suburban Estates) to LDR (Low Density Residential) to the Florida Department of Community Affairs on approximately 14.27 acres, located on the southeast corner of Celery Avenue and Brisson Avenue, Suncor Properties and Robert Horian, received and filed.
Tina Deater, Senior Planner, addressed the Board to present the request. She asked Mr. West to provide some background information.
Mr. West gave background information on the Celery Avenue Planning Agreement, stating that since the Celery Avenue Overlay Standards have not been officially adopted, staff had to provide those in the development order for this project. He said the project is for west of the Agricultural Station and is for four dwelling units per net buildable acre. Staff has had several meetings with the City of Sanford over this project. A mirror project will occur on the east side of Celery Avenue.
Upon inquiry by Commissioner Henley, Mr. West said he anticipates the adoption date for this amendment and rezone to be in November or December 2004. Commissioner Henley stated Ms. Kramer had raised the issue about schools I this area being overcrowded but there is some relief coming. He was wondering when the project would be ready for the certificate of occupancy.
Chairman McLain said he thinks Ms. Kramer indicated they would like to have the school open before the 2005-06 school year.
Mr. West stated it would probably be early next year that they could start tilling dirt.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to support the staff recommendation to approve and transmit the requested Large Scale Land Use Amendment from SE (Suburban Estates) to LDR (Low Density Residential); Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development District); and Preliminary Master Plan to the Florida Department of Community Affairs, on approximately 14.27 acres, located on the southeast corner of Celery Avenue and Brisson Avenue; as described in the proof of publication, Suncor Properties and Robert Horian, subject to the Development Order, as shown on page _______.
Districts 3, 4, and 5 voted AYE.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:30 p.m., this same date.
ATTEST: _______________________ Clerk __________________Chairman
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