BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

JULY 25, 2006

 

     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 25, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Rev. Elias Caffey, Calvary Temple of Praise Church, Sanford, gave the Invocation. 

     Commissioner Bob Dallari led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-162, as shown on page _______, commending Jose Cordero, Senior Technician, Traffic Engineering Division, Public Works Department, for his service to Seminole County and its citizens upon his retirement. 

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

     The Resolution was presented to Mr. Cordero and his wife, who addressed the Board to express his appreciation. 

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2006-R-163, as shown on page _______, proclaiming the week of August 6-12, 2006 as Seminole County Firefighter Appreciation Week. 

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

     The Resolution was presented to Barbara Thomason, EMT, Public Safety Department, who addressed the Board to express her appreciation and to announce that the firefighters will be working on the “Fill the Boot” Campaign for the Muscular Dystrophy Association. 

     Tammy Turdin, representing the Muscular Dystrophy Association, addressed the Board to thank the BCC for assisting them in showing their appreciation to the firefighters who put in countless number of hours on the “Fill the Boot” Campaign. 

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     Randy Lyon, Chairman of myregion.org, addressed the Board to give a PowerPoint presention (copy of same & pamphlet received & filed) on “How Shall We Grow? Creating a Shared Vision for Central Florida”.  He reviewed for the Board how they reached this point.  He discussed the following:  population projects for the year 2050; what they are learning from the community meetings held; what principles of growth matters most; overall observations from community input sessions; the expense of servicing low density development patterns; alternative development patterns; alternative development policies; Part II meetings; and the next step in creating regional scenarios.  He advised the next community meetings are scheduled for August 30, 2006 at the Longwood Community Center and September 25, 2006 at the Holy Cross Lutheran Church in Lake Mary.  He asked the Board to encourage their citizens to get involved and come to the community meetings.  He said already they have reached 3,000 citizens. 

     Chairman Henley thanked Mr. Lyons for his work on this and said he applauds myregion.com and FDOT for attempting to be more inclusive. 

     Commissioner Morris commended Mr. Lyons for his voluntary work on this project. 

     Commissioner Carey stated she can’t wait for this project to be finished so that public policy can be set to implement the study. 

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     Bronwen Ramos, American Heart Association, addressed the Board to honor and recognize Seminole County as being a “heart ready” county.  She presented the “Heart Ready County Award” to the Board, advising Seminole County has met all the criteria.  She specifically recognized Angel Nater, Public Safety, for his work with training on defibrillators and for sharing his expertise.  She also thanked Dr. Todd Huskey, Eileen McGatlin (School Board) and Asmal Ali (phonetic) for their work. 

     Angel Nater, Public Safety, addressed the Board to express his appreciation to Sally Sherman, Mr. & Mrs. Charles Benson, Nancy Devall, Eileen McGatlin, Asmal Ali, Philips Medical Systems, Dr. Augustina Bruno, Chief Penny Fleming, Betsy Cohen, Jackie Perry, Chief Skenley; Greg Derby, Nancy Ledge, Department of Information Technology, and the Facilities Department.  He noted that Commissioner Dallari’s suggestion to have autodialing was excellent. 

     Dr. Todd Huskey, County Medical Director, addressed the Board to commend Angel Nater for his work on the defibrillators, stating he started this program and it has come a long way.  He said there is still work to be done and he would encourage business leaders to put defibrillators in their businesses. 

     Chairman Henley stated the BCC thought this program was very important and that is why they funded these in the middle of a budget year. 

     Senator Lee Constantine addressed the Board to advise he included a provision in his Bill to require defibrillators in high schools that have athletic programs. 

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     Senator Lee Constantine, Representative Sandy Adams, and Representative David Mealor addressed the Board to present the following checks for the Florida Recreation Development Assistance Program:  $200,000 to the City of Lake Mary for parks presented to Mayor Thom Green and City Manager John Litton; $200,000 to the City of Casselberry for Lake Concord/Anniversary Park Development and Secret Lake Park presented to Mayor Bob Goff and Park Planner Linda Moore; $200,000 to the City of Sanford for Fort Mellon Park Phase 2 presented to Director of Parks & Recreation Marc Hultin; $200,000 to the City of Winter Springs for Trotwood Park presented to Director of Parks & Recreation Chuck Pula; and $200,000 to Seminole County for the Black Hammock Boardwalk presented to Volunteer Program Manager Amy Raub and President of Black Hammock Association Jim Logue. 

     Commissioner Van Der Weide stated Senator Constantine has been working for Seminole County for many years; and he would appreciate it if he would continue to work to get the $2 rental surcharge legislation passed in Tallahassee. 

     Senator Constantine advised the entire Legislative Delegation is behind the $2 surcharge.  He expressed his appreciation for all the hard work the Commissioners do for the citizens. 

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     Palmer Mason, representing the Florida Association of Counties, addressed the Board to present a gift to Commissioner Morris, commending him for his work on the Florida Association of Counties (FAC) Board of Directors for many years and his assistance to FAC during the 2006 Legislative Session.  He expressed his appreciation to Senator Constantine and Senator Baker for standing by the counties during this Legislative Session. 

     Commissioner Morris expressed his thanks, advising he has stepped down as President of the Association of Regional Councils and he appreciates working with them over the years.  He also expressed his appreciation to the Legislative Delegation. 

     Mr. Mason presented Jim Logue and Deborah Schafer commendation plaques for visiting Tallahassee during the past session to speak in opposition of a county preemption bill. 

     Deborah Schafer and Jim Logue addressed the Board to express their thanks for the plaques and to thank the BCC for their efforts in protecting the rural area. 

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     The Chairman recessed the meeting at 10:30 a.m., in order to convene the meeting of the U.S. Hwy. 17-92 Community Redevelopment Agency; reconvening the BCC meeting at 11:12 a.m., this same date. 

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     Kevin Fall, Economic Development, addressed the Board to present request to implement the building heights and densities recommendation for U.S. Hwy. 17-92.  Copies of maps of the CRA and booklet regarding same were received and filed. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize staff to initiate amendments to the County’s Comprehensive Plan and Land Development Code, as necessary, to implement the building heights and densities recommendations for the specific unincorporated areas as recommended by the U.S. Hwy. 17-92 Redevelopment Planning Agency (RPA). 

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

COUNTY MANAGER’S CONSENT AGENDA

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

COUNTY MANAGER’S REPORT

CONSENT AGENDA

 

Administrative Services

Facilities Maintenance

 7.  Approve and authorize Chairman to execute an Agreement, as shown on page _______, with Florida Power & Light for additional security lighting at Lake Monroe Wayside Park. 

Risk Management

 8.  Board approval of Workers’ Compensation settlement in the amount of $85,000 for claim by John Butler.

 

Community Services

Community Assistance

 9.  Approve submittal of the 2006-2007 One-Year Action Plan to the U.S. Department of Housing & Urban Development (HUD) and authorize Chairman to execute all related forms and certifications, as shown on page _______, including the Grant Agreement with HUD and the Finding of No Significant Impact and Request for Release of Funds (FONS/RROF). 

 

Economic Development

10.  Approve and authorize Chairman to execute the Business Development Agreement, as shown on page _______, between the County and the Sanford Airport Authority for the Icelandair project.

 

Environmental Services

Business Office

11.  Authorize release of original Water and Sewer Maintenance Bond #5977531-8 (Centex Homes) in the amount of $17,212.00 for the Magnolia Plantation Ph 5 project. 

 

Fiscal Services

     Budget

12.  Approve request to advertise and schedule a public hearing for the presentation of the proposed Port Authority Budget for FY 2006/07. 

13.  Adoption of appropriate Budget Amendment Resolution #2006-R-164, as shown on page _______, for BAR #06-77 - $892,461 - Public Safety – Public Safety Federal Grants.  Recognize receipt of equipment, goods and services from the Memorandum of Agreement (MOA) for Participating Orlando Urban Areas Securities Initiative (UASI) as approved and authorized by the BCC 4/26/2005.  The execution of this MOA allowed the County to receive specialized equipment and training for Homeland Security.  No matching funds are required to receive the equipment.

14.  Adoption of appropriate Budget Amendment Resolution #2006-R-165, as shown on page _______, for BAR #06-78 - $2,200,000 - Public Works - Stormwater Fund. To record additional funding for stormwater improvements being provided by the St. Johns River Water Management District, which were approved by the Board on June 27, 2006.  These funds will provide for the construction of a Regional Stormwater Facility that will provide water quality treatment and flood reduction in the Midway Basin area.  This project is currently budgeted under two CIP numbers:  00241701 – Construction of the new facility, 00241801 – Demolition of existing facilities.  Project completion for the funded portion is anticipated for December 2007.

15.  Adoption of appropriate Budget Amendment Resolution #2006-R-166, as shown on page _______, for BAR #06-79  - $175,000 - Public Safety - Emergency 911 Fund. Appropriate additional funding for expenses related to increases in E-911 network charges and the communication services contract as based on the most recent inventory of equipment and access lines.  Each year our service provider adjusts our monthly network charges to account for population growth and to adjust our charges based on an inventory of our equipment and telephone lines that are serviced by the E-911 system.  An additional $175,000 is requested to cover the increase in E-911 Network Service charges through the end FY 2005/06.

16.  BCR #06-23 - $100,000 - Public Works – Engineering – 2001 Infrastructure Sales Tax Fund. To provide additional funding for the Longwood Lake Mary Sidewalk project in order to enter into a work order under the Minor Construction Contract CC-1262-05/TLR [Continuous Contract(s) for Public Works Minor Construction Cost Less Than $1,000,000].  The 3,000 foot sidewalk will extend from Greenway Boulevard to State Road 427.  It is anticipated that the project will be completed September 2006.  Funding for this project can be provided by the North Street sidewalk project.  The construction for the North Street sidewalk project has been completed.

17.  BCR #06-24 - $70,000 - Public Works – Roads/Stormwater – Transportation Trust Fund.  To provide additional funding for payment of tipping fees at the Seminole County Landfill for debris pickup along the roads and canals of Seminole County.  Higher than anticipated costs have been incurred this year due to extra hurricane debris stockpiled at the end of FY 2004/05, and brought to the landfill in FY 2005/06.

Grants

18.  Approve and authorize Chairman to execute the Hazard Analysis Grant Agreement, as shown on page _______, between the Florida Department of Community Affairs and Seminole County; and approve the coordinating Budget Amendment Resolution #2006-R-167, as shown on page _______, in the amount of $6,575. 

19.  Approve and authorize Chairman to execute the Fireman’s Fund Grant Compliance Agreements, as shown on page _______, between the Fireman’s Fund Insurance Company and Seminole County; and approve the coordinating Budget Amendment Resolution #2006-R-168, as shown on page _______, in the amount of $34,790. 

20.  Approve and authorize Chairman to execute the Florida Recreation Development Assistance Program (FRDAP) Grant Agreement, as shown on page ________, between the Department of Environmental Protection and Seminole County. 

MSBU

21.  Authorize the MSBU Program to accept applications for new street lighting districts or equipment upgrades with Florida Power & Light (FP&L) that will require a twenty-year contractual commitment. 

22.  Approve and authorize Chairman to execute Satisfactions of Lien, as shown on page _______ for Gilbert & Thora Balfour and Chun H. & Chen S. Lin for the Oak Park/Belle Meade Wall Reconstruction Municipal Service Benefit Unit. 

Purchasing

23.  Accept and authorize the Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1234-04/TLR – Markham Road Widening with Florida Highway Products, Inc.

24.  Approve Change Order #2 to CC-1242-04/TLR – Lake Harney Wetland Restoration with Turnbull Environmental, Inc., of St. Augustine, ($10,000.00).

25.  Approve the recommendation for award of PS-0955-06/DRR Construction Engineering and Inspection Services for Seminole Wekiva Trail, S.R. 434 Pedestrian Underpass at Markham Woods Road to Volkert Construction Services Inc. of Altamonte Springs.

26.  Approve Ranking List, Authorize Negotiations and Award PS-0984-06/TLR – Regional Stormwater Facilities (RSF) Treatment Efficiency Monitoring and Assessment Master Agreement to Environmental Research & Design, Inc. of Orlando.

27.  Approve Work Order #3 to PS-0381-06/BLH – Master Agreement for Continuing Architectural and Engineering Services for Addition to Fire Station #35 to Vision IV Architecture of Orlando ($54,467.42).

28.  Award RFP-0863-06/BLH Contract, as shown on page _______, Fleet Maintenance for Seminole County to Serco Inc. of Vienna, Virginia ($3,999,922.28).

29.  Award IFB-600009-06/JVP – Term Contract for Elevator Maintenance, to General Elevator Sales and Service, Orlando (Term Contract).

30.  Award RFP-600006-06/GMG – Performance Work Statement for Rough-cut Mowing and Grounds Maintenance in Roads Locations (Group A and B), to Ott Landscape Maintenance, Inc., Deland; and Stormwater Locations (Group C), to Cato Environmental Services, Inc., Lake Mary (Term Contracts).

31.  Approve Amendment #5 to IFB-3049-02/GMG – Term Contract for Roadway Markings and Striping Materials and Services, with Fausnight Stripe & Line, Inc., Longwood (Price Increase) (Term Contract).

32.  Approve M-600059-06/JVP - Sole Source Procurement for the Purchase of Escom Software for Library and Leisure Services/Parks and Recreation, with Active Network Inc., Sacramento, CA ($30,806.00).

 

Library & Leisure Services

33.  Approve and authorize Chairman to execute Agreement, as shown on page _______, with Mid-America Arts Alliance for use of traveling exhibits at the Museum of Seminole County History for: No Boundaries: Contemporary Basketry from 10/21/06 – 11/30/06; Pocketbook Anthropology: A Treasure of Handbags from 2/3/07-3/10/07; and Elements from the Front Range Contemporary Quilters from 10/21/07-11/30/07.

 

Planning & Development

Development Review

34.  Adopt appropriate Resolution #2006-R-169, as shown on page _______, to vacate and abandon a portion of a Platted Utility Easement on property located at 1311 Myrtle Drive (Roger and Gail O’Connor). 

35.  Approve and authorize Chairman to execute the Final Plat for Trails – Unit 3, located on the north side of Snowhill Road, east of Jacobs Trail, within the Trails Planned Unit Development (Maronda Homes, Inc., of Florida). 

36.  Approve and authorize Chairman to execute the Final Plat for Stratford Green located on the southwest corner of SR 426 (Aloma Avenue) and Deep Lake Road and west of SR 417 (The Ryland Group, Inc. and Roche Development Group, Inc.). 

37.  Approve release of the Maintenance Bond #5977531-7 for $42,053.00 (Safeco Insurance Company of America) for the Magnolia Plantation Phase 5 project. 

 

Public Works

Engineering

38.  Adopt appropriate Resolution #2006-R-180, as shown on page _______, accepting a Sidewalk Easement, as shown on page _______, for the construction of a sidewalk along a portion of Lake Markham Road, Seminole Soccer Club, Inc. 

39.  Adopt appropriate Resolution #2006-R-171, as shown on page _______, accepting a Warranty Deed, as shown on page _______, for the State Road 436 and Red Bug Lake Road Interchange project, BICH Partners, LLC. 

Traffic Engineering

40.  Adopt appropriate Resolution #2006-R-172, as shown on page _______, for approval of Agreement, as shown on page _______, with the Florida Department of Transportation and CSX Transportation, Inc., for the existing synchronized railroad crossing on SR 434 west of Ronald Reagan Boulevard (CR 427); and authorize Chairman to execute the agreement. 

 

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

CONSTITUTIONAL OFFICERS CONSENT AGENDA

CLERK’S OFFICE

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

41.  Expenditure Approval Lists, as shown on page _______, dated June 12, 19, 26 and July 3, 2006; and Payroll Approval Lists, as shown on page _______, dated June 15 & 29, 2006. 

 

42.  BCC Official Minutes dated June 13 & 27, 2006. 

 

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

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

1.    Amendment #1, as shown on page ________, to Work Order #2 to PS-570-00.

 

2.    Fourth Amendment, as shown on page _______, to RFP-4242-05.

 

3.    Letter, as shown on page _______, to Stage Door II, Inc. from Bob Hunter, Contracts Analyst, Purchasing Division, re:  FDOT requirements to future work orders under agreement CC-1252-04.

 

4.    Work Order #5, as shown on page _______, to PS-569-00.

 

5.    Work Order #7, as shown on page _______, to PS-5102-01.

 

6.    Work Order #34, as shown on page ________, to CC-1262-05.

 

7.    Amendment #1, as shown on page _______, to Work Order #4 to PS-5161-04.

 

8.    Amendment #2, as shown on page _______, to Work Order #3 to PS-5161-04.

 

9.    Change Order #1, as shown on page _______, to CC-1262-05.

 

10.    Amendment #1, as shown on page _______, to Work Order #1 to PS-0381-06.

 

11.    M-1121-06 Contract, as shown on page ________, Sears Surveying Company.

 

12.    Traffic Signal Easements, as shown on page _______, for Florida Conference Association of Seventh Day Adventists.

 

13.    Amendment to Conditional Utility Agreement, as shown on page _______, for water and sewer service with Landworks Group for the project known as United Studio Signs.

 

14.    Conditional Utility Agreements, as shown on page _______, for water and sewer service with Ronald W. Edwards & Sidney B. & Linda K. Young for the project known as Edwards-Young Business Office.

 

15.    Customer Agreements, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the projects known as Regency Estates Ph. 2 and 901 International Parkway.

 

16.    Conditional Utility Agreement, as shown on page _______, for water service with Bear Lake Shoppes LLC for the project known as 7 Eleven SR 436/Bear Lake Rd.

 

17.    Conditional Utility Agreements, as shown on page _______, for water and sewer service with Central Florida Educators’ Federal Credit Union; South Bank of Florida; and Dunn 434 Real Estate LLC.

 

18.    Proofs of publication, as shown on page _______, for the May 30, 2006, June 14, 2006 and June 29, 2006 Charter Review Commission public hearings regarding possible charter amendments.

 

19.    Notice from the Public Service Commission re:  Petition for approval of revised underground residential distribution tariffs by Progress Energy Florida, Inc.

 

20.    Non-certified Tennis Pro Agreements, as shown on page ________, for the following:  Brian Runda; Brittany Ann Collins; Morgan Mitchell; Christian Douglas; and Bianca Ferreira. 

 

21.    Certified Tennis Pro Agreement, as shown on page _______, for Robert C. Shetler.

 

22.    Work Order #4, as shown on page _______, to M-401-03.

 

23.    Mutual Termination, as shown on page _______, of Term Contract for Purchase of Gasoline and Diesel Fuel, RFP-4228-04, with Mansfield Oil Co.

 

24.    First Amendment, as shown on page _______, to PS-0381-06.

 

25.    Letter Agreement, as shown on page ________, from Alison Yurko to represent the Seminole County Charter Review Commission.

 

26.    Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $2,223.15 for the project known as Christian Life Center.

 

27.    Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $33,858.38 for the project known as Regency Estates Phase 2.

 

28.    Development Orders, as shown on page _______, as follows:  #06-3000089, Zucker variance; #06-30000065, Briar Corp. variance; #06-30000066, Hagge variance; #06-3000063 Craven variance; #06-3000059 Figueroa variances; #06-30000054 McEllhiney variance; #06-3000051 Williams variance; and #05-900028 Silvey vacate.

 

29.    First Amendment, as shown on page _______, to PS-0381-06.

 

30.    Work Order #5, as shown on page _______, to PS-5182-05.

 

31.    M-1102-06 Contract, as shown on page _______, Pro Steel Construction, Inc.

 

32.    M-1013-06 Contract, as shown on page ________, Wharton-Smith, Inc.

 

33.    Work Order #51, as shown on page _______, to PS-5129-02.

 

34.    Work Order #5, as shown on page _______, to PS-5153-03.

 

35.    Work Order #48, as shown on page _______, to PS-5129-02.

 

36.    Work Order #12, as shown on page _______, to PS-5144-03.

 

37.    Work Order #10, as shown on page _______, to PS-5175-04.

 

38.    Work Order #5, as shown on page _______, to PS-5113-02.

 

39.    Fourth Amendment, as shown on page _______, to IFB-3072-03.

 

40.    M-0923-06 Contract, as shown on page _______, Facility Integration Solutions.

 

41.    Amendment #5, as shown on page _______, to Work Order #3 to PS-537-99.

 

42.    Work Order #13, as shown on page _______, to PS-5144-03.

 

43.    First Amendment, as shown on page _______, to RFP-4264-05.

 

44.    Work Order #2, as shown on page _______, to PS-5185-05.

 

45.    Work Order #13, as shown on page _______, to RFP-4241-05.

 

46.    Certificate of Final Completion, as shown on page _______, for CC-1262-05, (Work Order #16).

 

47.    Work Order #1, as shown on page _______, to CC-0012-05.

 

48.    Certificate of Final Completion, as shown on page _______, for CC-1262-05 (Work Order #2).

 

49.    Certificate of Final Completion, as shown on page _______, for CC-1262-05 (Work Order #1).

 

50.    First Amendment, as shown on page _______, to IFB-3099-05.

 

51.    Letter, as shown on page _______, to KMG Fence, LLC, from Bob Hunter, Contracts Analyst, Purchasing Division, re: FDOT requirements to future work orders under CC-1267-05 agreement.

 

52.    Work Order #50, as shown on page _______, to PS-5129-02.

 

53.    Work Orders #6 & #7, as shown on page _______, to PS-5190-05.

 

54.    Amendment #2, as shown on page _______, to Maintenance Agreement/Letter of Credit for the project known as Buckingham Estates Ph. 2.

 

55.    Sponsored Program Agreement, as shown on page _______, with the Institute of Food and Agricultural Sciences, University of Florida, to include additional lakes into the Florida Lakewatch Program.

 

56.    Seminole County Fiscal Performance Report for FY 2005/06.

 

57.    RFP-600004-06 Mounted Water Tank Cannon Purchase Agreement, as shown on page _______, Ring Power Corp.

 

58.    Work Order #47, as shown on page ________, to PS-5129-02.

 

59.    Certificate of Final Completion, as shown on page _________, for CC-1262-05 (Work Order #13).

 

60.    Utility Easement, as shown on page _______, for Shoppes of Hunt Club, LLC.

 

61.    Work Order #43, as shown on page _______, to PS-5165-04.

 

62.    Work Order #6, as shown on page _______, to RFP-4108-01.

 

63.    Work Order #1, as shown on page _______, to RFP-0619-06.

 

64.    Change Order #1, as shown on page _______, to CC-1262-05.

 

65.    Certificate of Final Completion, as shown on page _______, for CC-1262-05 (Work Order #21).

 

66.    Third Amendment, as shown on page _______, to M-374A-04.

 

67.    Performance Bond #41073391, as shown on page _______, in the amount of $836,051.98 for the project known as N. Kennel Road right-of-way.

 

68.    Art Exhibition Agreement, as shown on page _______, with Gary Borse.

 

69.    Work Order #1, as shown on page _______, to RFP-0558-06.

 

70.    Work Order #37, as shown on page _______, to PS-5120-02.

 

71.    Second Amendment, as shown on page _______, to IFB-3071-03.

 

72.    Change Order #1, as shown on page _______, to CC-1242-04.

 

73.    Memorandum to Sandy McCann, Commission Records Supervisor, from William McDermott, Economic Development, relating to Outstanding BCC Document/Florida Extruders.

 

74.    Recorded Grande Oaks Developer’s Commitment Agreement, as shown on page _______, approved by the BCC on September 27, 2005.

 

75.    US 17-92 Community Redevelopment Agency 2005 Annual Financial Report.

 

76.    RFP-4269-06 Contract, as shown on page _______, Flowers Chemical Laboratories, Inc.

 

77.    First Amendment, as shown on page _______, to PS-569-00.

 

78.    Letter, as shown on page _______, to CEM Enterprises from Bob Hunter, Contracts Analyst, Purchasing Division, relating to FDOT requirements to future work orders under CC-1198-02 agreement.

 

79.    First Amendment, as shown on page _______, to RFP-4259-05.

 

80.    Bids as follows:  RFP-0613-06; CC-0854-06; RFP-0996-06; PS-0977-06; RFP-600006-06; CC-1055-06; IFB-600045-06; and RFP-1060-06.

 

REGULAR AGENDA

     Assistant Planning Manager, April Boswell, addressed the Board to present request for a reduction of the penalty of a Code Enforcement Lien for Case #05-88-CEB, for property located at 3600 Sanford Avenue, Robert Smith and Mercerdees L. Murrell TC50.  She advised staff recommends a reduction of the lien from $10,200 to $3,761.95. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve a reduction to the Code Enforcement Board Lien from $10,200 to $3,761.95 for Case #05-88-CEB on property located at 3600 Sanford Avenue, Robert Smith and Mercerdees L. Murrell TC50; and require these costs to be paid within a six-month time period, or the lien will revert to its original amount; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien. 

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

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     Director of Fiscal Services, Lisa Spriggs, addressed the Board to request the setting of proposed tentative millage rates for FY 2006/2007; and to authorize scheduling the budget hearings for September 13 and 26 at 7:00 p.m.  

     Motion by Commissioner Morris, seconded by Commissioner Carey to set proposed tentative millage rates as follows to be included on the TRIM notifications:  Countywide – 4.9989; Unincorporated Roads MSTU - .1228; Fire MSTU – 2.6334; Natural Lands/Trails Voted Debt - .1451; for a total of 7.9002; and to authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final operating and capital Budget for Fiscal Year 2006/2007. 

     Under discussion, Commissioner Van Der Weide recommended moving the countywide millage down a notch to 4.9575 to show the Board’s appreciation to the citizens.  He added that he feels the Board needs to give something back to the citizens. 

     Chairman Henley disagreed, stating the cost of government and providing the services the citizens demand has gone up; therefore, he feels the millage should be left as is. 

     Commissioner Van Der Weide stated since he has been on the Board, the millage has been rolled back twice.  He said the County is sitting with a windfall and doing very well; and the reduction would be a token to the citizens. 

     Motion by Commissioner Van Der Weide to amend the Countywide Millage by reducing it to 4.9575. 

     The Chairman called for a second three times without response, whereupon, the motion died for the lack of a second. 

     Upon inquiry by Chairman Henley, Ms. Spriggs advised the reduction would calculate to $4.14 per $100,000. 

     Commissioner Carey pointed out the National Lands/Trails Voted Debt actually went down this year so the taxpayers are getting a little break. 

     Commissioner Dallari suggested that between now and the public hearings, the Board can look to see where in the budget things can be cut; rather than doing a blanket millage cut because he would like to see where the money is coming from. 

     Commissioner Morris stated Seminole County has one of the lowest tax rates in the State of Florida for an urban county. 

     The main motion was voted upon and carried with Districts 1, 2, 3, 4 and 5 voting AYE. 

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     Matt Chesler, Cable Franchising Program Manager, Steve Olson, Community Information Director, and Arnold Schneider, Assistant County Attorney, addressed the Board to present request to transfer control of the BellSouth Interactive Media Services, Inc. cable television franchise to AT&T. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-173, as shown on page _______, approving the transfer of control of the cable television franchise awarded to BellSouth Interactive Media Services, Inc., now known as BellSouth Entertainment, LLC to AT&T, Inc. for the remaining term of the franchise. 

     Under discussion, Commissioner Morris commended Assistant County Attorney, Arnold Schneider, for his excellent work on this. 

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

COUNTY MANAGER’S BRIEFING

     Director of Library & Leisure Services, Suzy Goldman, addressed the Board to discuss the Jetta Point Multipurpose Fields operational options, reminding the Board that the staff presented the conceptual framework for a potential agreement with Central Florida United Soccer Club, Inc. (CFU).  At that time, the Board directed staff to come back today with options and related costs for operating the park and CFU’s projected schedule of usage for the multipurpose fields.  The Board also discussed contacting the cities of Oviedo and Winter Springs regarding a potential partnership for development and/or operation of the park by one or both of the cities.  After meeting with both cities, it was learned that Oviedo is in the process of updating the open space and recreation element of its comprehensive plan.  As part of this effort, a telephone survey will be conducted to determine the perception of city residents regarding current and future recreational facilities and services.  The City wants to complete the update to determine the basis for a potential partnership at Jetta Point.  The update is projected to be completed in October.  She advised Winter Springs is willing to discuss a partnership on recreational elements to be located at Jetta Point that satisfy local demand for services. 

     Ms. Goldman further advised there are three options – Option A – County; Option B – Priority Use; and Option C – Lease.  She briefly reviewed all three options.  She stated that in order to assess current demand for multipurpose fields in the vicinity of the Jetta Point property, staff analyzed the requests for use of the lighted practice field at Red Bug Lake Park.  Over 50% of the requests for fields are generated by teams associated with Central Florida United Soccer.  Only 47% of total user requests are filled; and it is estimated that over 25 CFU coaches are attempting to schedule this field in competition with each other.  CFU projects that teams associated with the club will utilize the multipurpose fields at Jetta Point from February through July and August through November.  The number of fields needed will vary from one to four used simultaneously during certain days of the week and hours of the day.  During June and July the simultaneous use of one to two fields was specified in the schedule provided by CFU.  She stated that based on current demand at Red Bug Lake Park, CFU will be the major user of the multipurpose fields at Jetta Point.  Option B – Priority Use appears to be cost-effective, while allowing CFU to work with the County in a more organized fashion to allocate field usage.  Because demand from other users is anticipated, staff recommends that priority use be limited to 3 designated fields. 

     Commissioner Morris complimented staff on a good plan. 

     Chairman Henley agreed, stating this is the most viable plan for this facility. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve Option B – Priority Use for the Jetta Point Multipurpose Fields, as outlined by staff. 

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

     At the request of the Board, Ms. Coto advised she will provide the Board with a time schedule on both Jetta Point and Soldier’s Creek. 

COUNTY ATTORNEY’S BRIEFING

     County Attorney, Robert McMillan, advised he sent an e-mail to the Board advising of favorable rulings in the Viacom and Big Oaks cases. 

COUNTY MANAGER’S REPORT

     Ms. Coto requested Board action with regard to the Charter Review Commission’s request for an additional $20,000 for attorney costs. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment Resolution #2006-R-174, as shown on page _______, in the amount of $20,000 for attorney costs associated with the Charter Review Commission. 

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

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     Ms. Coto notified the Board that she will be sending out information to them regarding the projected time lines regarding the Water & Sewer Refunding Revenue Bonds Series 2006; and the request to assign the underwriters for same will be brought to the Board at the August 8, 2006 meeting. 

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     The Chairman recessed the meeting at 11:46 a.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.


PROOFS OF PUBLICATION

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

REZONE FROM A-1 TO PCD/YVONNE

CALDER & RANDY THOMPSON, Continued

 

     Continuation of public hearing from May 23, 2006, to consider rezoning 2.25+/- acres (Big Boys Storage) from A-1 (Agriculture) to PCD (Planned Commercial Development) located on the north side of Mikler Road, 850 feet west of SR 426, as described in the proof of publication, Yvonne Calder & Randy Thompson.

     Ian Sikonia, Planner, addressed the Board to present the request, stating the P&Z Commission voted 6 to 0 to recommend approval of the request with recommendation that Condition #1 be amended to include trailers and vehicles; Condition #5 be amended to state 6:00 a.m. to 10:00 p.m.; and Conditions #6, #7, #9, #12 and #13 be revised to adhere to the property being appropriately shielded.  He said staff recommends approval of the request to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development), subject to the Preliminary Site Plan and Development Order.

     Upon inquiry by Commissioner Carey, Mr. Sikonia confirmed that this is the first development and this applicant will be making the improvements in front of his property out to SR 426.  He said this is one of the conditions the staff has placed on the development.

     Randy Thompson, applicant, addressed the Board to state one of the concerns he had at the May 23 meeting was that he was informed about the change of rezone approximately one hour before the meeting.   He said he doesn’t know when the Board discussed the concerns they had, and he does understand and appreciates the concern the Board had about the use of the property.  He personally does not have an issue with restricting it to what they had requested to do with the property, and that is outdoor storage.  He said he was under the impression that only the applicants could ask for a request for a change of a rezone.  He said one concern the residents had was about the view shed.  He has done research and looked in the County codes to find out what the codes for the view shed are, but he has not been able to find anything.  He asked if someone could provide him with those codes, because that was one of the big concerns.  Another concern was the technology corridor.  He asked if he could get a copy of the survey delineation of the technology corridor that’s coming through Seminole County.

     Commissioner Morris advised that there is none, it’s an idea.  Commissioner Dallari added that it’s verbal only.  Commissioner Morris stated that it is not up for consideration and it would not affect Mr. Thompson’s property.  He explained the issue of the Innovation Way concept along the SR 417 Beltway that would match the Innovation Way tech corridor discussed in Orange County.  He said this is a concept of an idea in the incubation phase.  It would not affect the merits relative to this rezoning issue and is not something the County has in its code.

     Mr. Thompson advised that when standing at the west edge of his property, which is the nearest boundary line to SR 417, you cannot see SR 417 from there.  He personally does not think his property would be impacted.  He reiterated that he does not have an issue with restricting him as he understands the concerns, and he is willing to meet the County more than halfway.  He proposed that he is willing to comply with the C-3 Land Development Code as it pertains to a PCD.  That would allow the County to have control of his property but allow him to develop it at a cost reasonable to him.  He advised that because of the 15 conditions recommended by the County, that will add about $150,000 to his development and it is not that much of a development cost to begin with.  Because of the buffers, that will decrease his property usage from about 2.25 acres to about 1.6 acres and he will lose about nearly half of the parking spaces.  To recoup the cost, he said he’s almost at the point that it’s not cost feasible for him.  He explained that he and his wife wanted to buy a boat and their subdivision does not allow you to park a boat in your driveway or in your yard, even behind a fence in the yard.  They began going around to storage areas in the vicinity inquiring of the cost to park a boat and found that within a 20 mile radius, every storage unit was full with a waiting list.  So, they came up with the idea of developing a piece of property to park their boat and provide a service to the community as well.  He said another issue brought up was bringing water to their property.  He asked for consideration for a shared cost with the County to bring the 8” water line up from SR 426 to his property, because at some point in time, either businesses or homes will tie into that line and that will create revenue for the County.  He doesn’t think it is fair for him to incur that cost which is in the neighborhood of $20,000.  Further, he said he thinks an 8’ white, opaque fence would be more of an eyesore than having a chain link fence.  He also sees this as a safety issue.  Additionally, an 8’ fence would be a special order fence and that would cost about $20,000 versus about half that cost for a chain link fence.  He stated he does not want to touch the wetlands on the back and will be happy to buffer that and leave some space for the sake of the environment.  He said when they shrink the land on the sides, that again gets to the point where it is not feasible for him to do this project.  Mr. Thompson showed photos (received and filed) of storage units within approximately 2.5 miles of his proposed project that do not have any buffers or landscaping; they do have chain link fences and all these properties border SR 426.  He pointed out that his property is 800’ up a dead-end road.  He showed a picture (received and filed) of the FDOT lot with a chain link fence on SR 426 showing the bypass running in front of the building about 15’ from the chain link fence.  He showed another picture (received and filed) of a storage unit about two miles down the road from his property of a private boat storage space that has been there about six months.  Mr. Thompson said one person opposed their project and he had a question about the trees.  Mr. Thompson said the trees are not on his property so he could not touch them any way.  He showed a picture (received and filed) of the chain link fence with green mesh and said it looks hideous.  He showed another picture (received and filed) of a storage unit on the corner of Aloma and Red Bug Road with no buffering, trees or anything like he’s being asked to do.  He showed a picture (received and filed) of the view up the road from his property and said SR 417 cannot be seen.  He showed a picture (received and filed) of Slavia Road where SR 417 is above the area; a picture (received and filed) of the area across the street from his subdivision taken from SR 426 that has no buffering and no trees; and a picture (received and filed) of Mr. Tesinky’s property on SR 426 with no buffering or no opaque fence. 

     Chairman Henley advised one Written Comment Form from Gordon Mitchell was received and filed in opposition to the request.

     Yvonne Calder, applicant, addressed the Board to state when they first came to the County, it was very simple and staff advised her that this would be very simple.  Unfortunately, they have been from one side to the other.  She said the P&Z Commission all agreed that there are way too many things the Board is asking of them.  They are now back again asking the Board to reconsider the six points her husband just presented.  She said all they want to do is have open storage to park the boats and probably some RV’s.

     Upon inquiry by Chairman Henley, Mr. Sikonia said the P&Z discussed the conditions; then began the review of each one and at the end, decided that #6, #7, #9, #12 and #13 needed to be amended one way or another.  He said they were not amended by staff and staff is recommending the original conditions.

     Tina Williamson, Planning, addressed the Board to state many of the conditions staff put in the Development Order for the proposed project came from the Development Order for the Tesinky RV Storage.  The language for the canopy trees, sub-canopy trees and buffer was taken directly from the Tesinky Development Order.  Staff basically looked at different storage projects within the County and came up with the conditions based on what was required in those projects.  She explained that the Tesinky project was approved with a chain link fence with tennis-style mesh wind screening, but that material is not durable and doesn’t get maintained.  Staff had a concern for that style of screening and that is why they went with the opaque fencing for this applicant. 

     Commissioner Carey stated if that type screening is part of a development order, she would expect that Code Enforcement would ensure that it is being maintained.  The point was to have the screening so the neighbors don’t have to see the RV’s and boats parked on the property.  She expressed hope that the Code Enforcement Officer be sent out to look at that issue.

     District Commissioner Dallari stated he has similar concerns about the list of conditions, #1 through #14, and he was going to recommend some changes to the entire list. 

     Commissioner Morris stated the reality is they have been living with the “sins of their fathers” for years with areas that had been zoned with no qualifications or criteria.  He said this Board has a higher standard and respect the residents more; and respect the businesses more not to open up any “rinky dink” kind of development that is fully exposed in any way to the public.  He stated that in this particular case, surrounding this property to the northeast, northwest, west and east are residences.  They have to be compatible with those residences.  They are setting a precedence relative to other developments and other people coming forward.  Because the other developments had pre-existing conditions does not mean the Board should ignore what the current codes and current standards are of the County versus what someone may have done.  He pointed out also that in this case, there are subdivisions that have three foot walls that back in the 1970’s and 1980’s, the County Commission approved by exception.  The homeowners have had to go back and build those walls to six feet.  At that time, it seemed like a good idea to save some developer some money, but the consequences are being paid today.  That’s why staff looked at the standards the Board set in other cases that were accepted and completely acceptable to the community.  That is why this proposal looks like it does and he thinks the staff did an exemplary job.  He said he was disappointed with the comments of the P&Z Commission because they completely ignored what other developments looked like in the past.

     Mr. Sikonia advised Commissioner Dallari that the need for the water main for the fire hydrant is to meet the fire codes.  If a boat should catch on fire, the nearest fire main is 1,000 feet away. 

     Commissioner Carey said something the County has not looked at, but should do so, is that when a development comes in and a developer is the first one in and is at the end of the road and runs the utilities down the road, in many jurisdictions, there is an opportunity for the developer to recapture that cost.  As other developers come in, they tap into the line and pay for it.  The County allows for the first-in developer to be reimbursed by future developers.  She said this is something for Seminole County to consider.

     Upon inquiry by Commissioner Dallari, Ms. Williamson discussed the reason for the setbacks.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve the request and authorize the Chairman to enact an ordinance to rezone 2.25+/- acres (Big Boys Storage) from A-1 (Agriculture) to PCD (Planned Commercial Development), located on the north side of Mikler Road, 850 feet west of SR 426, subject to the Preliminary Site Plan and Development Order, based on staff findings; as described in the proof of publication, Yvonne Calder and Randy Thompson, with amended conditions in the Development Order as follows:  Condition #6, instead of specifying PVC fence, replace that with opaque fence; reduce the east and west property line setbacks to 15 feet; Condition #9, remove the understory trees and just have the four canopy trees per 100 linear feet; Condition #11, opt to put payment to the sidewalk fund equal to the cost of the installation of the sidewalk.

     Commissioner Morris advised there is no sidewalk fund.

     Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised there is no sidewalk fund, and in the past, the County has allowed contributions to be made to the transportation fund and the County then takes on the obligation of putting in whatever sidewalk is needed at whatever time.

     Whereupon, Commissioner Dallari amended his motion to delete his change to Condition #11 and leave it as is in the Development Order.

     Ms. Williamson clarified with Commissioner Dallari his intent for Condition #6 is to reduce the east and west property line buffers to 15 feet.

     Under discussion, as a friendly amendment, Commissioner Carey asked if Commissioner Dallari would consider leaving the understory trees in as part of the requirement for buffering, since they don’t know how the opaque fence will look. 

     Whereupon, Commissioner Dallari stated he would accept the friendly amendment to leave in the understory trees.

     Commissioner Carey asked for further clarification.  She said if there is a 15-foot setback for the fence, and require ment for a 20-foot landscape buffer along the east and west property lines, then all the other setbacks should change accordingly.

     Whereupon, Commissioner Dallari agreed with Commissioner Carey.

     Commissioner Morris stated that has to be spelled out to be crystal clear.  He requested a break at this time to allow Commissioner Dallari to work out the correct wording for the motion.

     Chairman Henley recessed the meeting at 2:10 p.m. and reconvened it at 2:12 p.m.

     Motion by Commissioner Dallari to approve the request and authorize the Chairman to enact Ordinance #2006-47, as shown on page _______, rezoning 2.25+/- acres (Big Boys Storage) from A-1 (Agriculture) to PCD (Planned Commercial Development), located on the north side of Mikler Road, 850 feet west of SR 426, subject to the Preliminary Site Plan and amended Development Order, as shown on page _______, based on staff findings; as described in the proof of publication, Yvonne Calder and Randy Thompson, with amended conditions in the Development Order as follows:  Condition #6, instead of specifying PVC fence, replace that with opaque fence; the fence should be set back the minimum of 15 feet from the front property line and 15 feet from the east and west property lines; Condition #7, there shall be a 15-foot landscape buffer on the south side of the property line and 15-foot landscape buffer on the northeast and west property lines.

     Commissioner Van Der Weide accepted the amended motion.

     Under discussion, Commissioner Morris asked if Condition #15 falls in conflict with some of the amendments to the motion.  He said it looks like they should eliminate that condition and say the development does not need to comply with the site plan or come up with something that makes the development legal.

     DCM Don Fisher addressed the Board to state he doesn’t believe the code is being violated with the changes made by Commissioner Dallari.  He said in this particular project, the buffers and fencing requirement do not apply because the property is not surrounded by residential zoning or residential land use, so this is an interim step to bridge the gap between the industrial land use in the area developing while the single-family homes around it exist.  He said there is some flexibility in this case to do some things differently than what they have experienced in the past. 

     Commissioner Carey added the Board has some flexibility because this is a PCD also.

     Commissioner Morris said he can’t support the motion because it is a diminution of their standards from what they have been doing in the past.  He explained the reason they build in these things is to build in protections. 

     Districts 1, 3, 4 and 5 voted AYE.

     Commissioner Morris voted NAY.


REZONE FROM A-1 TO R-1AA/JAY BARFIELD, Continued

     Continuation of a public hearing to consider rezoning 10+/- acres located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling); as described in the proof of publication, Jay Barfield.

     Benjamin Dunn, Senior Planner, addressed the Board to present the request, stating staff determined that the lot size compatibility analysis did not support the requested rezone to R-1AA; however, it would support the R-1AAA.  Based on that, staff recommends denial of the request to rezone to R-1AA and finds that R-1AAA would be more appropriate.  The P&Z voted 7 to 0 to recommend denial of the request.

     Applicant, Jay Barfield, 1105 Via Del Mar, addressed the Board to state he is a general contractor who develops and builds houses and commercial buildings.  He said the purpose of his request is to ask for zoning changes from A-1 to R-1AAA.  They are requesting a modification that the south lots and lots west that back up to Stonehurst be rezoned to R-1AAA, but the remaining lots on the north end be rezoned to R-1AA.  He said they have met with staff and agree with staff’s recommendations; and have complied with all the issues of staff and with as many as they could of the issues of the neighborhood.  They are asking for a density of 2.3 units per acre and not trying to maximize up to four units per acre.  He showed on a map (received and filed) the subject property and other surrounding neighborhoods of Stonehurst, Cardinal Creek, Cobblestone and Kenmure, with suburban estates to the south.  He stated they tried to design the site plan (copy received and filed) to incorporate the issues of concern.  They have agreed to do a conservation easement along the back of the lots; have proposed a 15’ easement to keep the trees to buffer the suburban estates.  He said they will comply with the Seminole County rules at the appropriate engineering/site plan approval.  He also stated they intend to leave as many trees as they can, and the tree canopy to the south will be left virtually in tact as it is now.  He said they don’t think traffic is an issue nor is the drainage.  He submitted comments from Tom Boyko in support of the project and the staff recommendations, and comments from Christine Krause in support, both speaking personally on their behalf.  He said they are trying to be good neighbors to the whole community and have tried to comply with the request as indicated.  At the last meeting there was a presentation about infill projects and this project fits that need. 

     John Herbert, American Civil Engineering Company, 207 N. Moss Road, engineer for the project, addressed the Board to state he has walked the site, looked at the surveys, and reviewed the drainage study for Brooks Lane.  He said the infrastructure will support this development.  The County staff has put them on notice that there is a drainage issue on Brooks Lane and staff has required them to store the historic water volume together with a 25-year storm.  He stated at final engineering, this plan will be reviewed and approved through the St. Johns River Water Management District and the County.

     Upon inquiry by Commissioner Carey, Mr. Dunn said he understands that a lot of the drainage issues were resolved since the 1996 suit against the County.

     Chairman Henley advised Written Comment Forms in opposition have been submitted from Karen Cunningham, Linda Duncan, Robert Ralph, Geri Bugge, and Diana Dunlop.

     Dianna Blakey, 1560 Brooks Lane, addressed the Board to speak in opposition to the project, stating her property is south of the subject property.  She showed a DVD (received and filed) depicting the character and beauty of their neighborhood with cows and horses and Raintree and Rustic Pine developments.

     Notebooks (copy was received and filed) titled, “Brooks Lane, An Absolute Gem In Seminole County,” were submitted to the Board.

     August Bugge, 100 Milinda Lane, addressed the Board to state the residents in the Brooks and Gabriella corridors have come together to reach a general consensus about the development of their area.  He said he is expressing the views of many homeowners who signed the petition opposing this rezoning, including the 44 homeowners in the Raintree Country Estates community.  He showed a plot plan of the area, stating it shows one perspective of the community with property lines and roads.  He said that view does not convey the true character of the community.  He showed an aerial photo (received and filed) to distinguish the different corridors.  He said the subdivisions, schools and commercial businesses in the Tuskawilla corridor have no direct access to Gabriella or Brooks Lane.  The properties in his corridor are buffered by trees, water and pastures.  The Kenmure subdivision has significant wetlands which buffers it from Brooks Lane.  Further, he showed pictures of how Kenmure is visually separated from the Brooks Lane corridor, thanks to the plans approved by the BCC that provided for an effective transition and that is a precedent he hopes the Board will continue.  He pointed out the Tuskawilla corridor with the commercial businesses, homes, condos and six lanes of traffic.  He said this is a fundamentally different corridor.  He stated they understand the need for proper transition, but the proper transitions are already in place and should be maintained.  The zoning change, if approved, would have the Cannons’ ten acre horse farm sandwiched between Cobblestone and another high density development.  He said the Cannon property is the buffer between Cobblestone and the rest of their community.  He asked the Board not to approve leap frog development and turn the farm into a rural island.

     Martha Cannon, 1470 Brooks Lane, addressed the Board to state she lives adjacent on the north side of the subject property and has no intention of developing her land and intends to keep a horse farm.  She said this a legacy she will pass on to her daughter, who will pass it on to her heirs.  She said the zoning request doesn’t fit the current zoning of A-1 on the surrounding properties with one house per 15 acres on the north and one house per 25 acres on the south with pastures of animals on each.  She said this project doesn’t fit the neighborhood of one house per four acres, and it would destroy the rural character.  Further, she said it doesn’t fit with the rural community with horses, cows and wild animals; and it doesn’t fit with the drainage problems.  It also doesn’t fit with the traffic problems that the County is already addressing.  She said the high intensity of R-1AA or R-1AAA under the LDR is not guaranteed.  Presently, the property is now all zoned A-1 and a good transition would be one house per acre in keeping with the proposed guidelines.  The compromise of no more than one house per acre would fit in better with the surrounding properties of 10, 25 and 30 acres and would preserve some green space and keep the rural character of the Brooks Lane corridor they have fought so hard to maintain.  She asked for the Board’s discretion in going with the lower density of LDR.  She stated the P&Z Commission voted unanimously against the rezone.  She asked the Board to preserve her property rights and the rights of the neighborhood.

     Alice Cannon, 1470 Brooks Lane, addressed the Board to state she wants to make it clear she will not sell or develop that property.  They have submitted a pre-application to have their property suburban estates like the rest of Brooks Lane.  She said she will continue to have horses on the property and plan to build her home there so her children can enjoy what she has enjoyed for so long.  She asked the Board not to separate them from the rest of Brooks Lane and surround her future home with a concrete subdivision.  She asked the Board to deny the application for rezoning. 

     Michael Amato, 1567 Brooks Lane, addressed the Board to state in the three-ring binder submitted to the Board, they will see photos of their neighborhood and letters of community support and petitions.  He said the petitions were signed by over 350 residents covering over 300 properties, all from the neighbors in the Brooks and Gabriella Lane corridor supporting the denial of this request.  He said they all agree that the A-1 properties to the north that are being used as agricultural for cows and horses, if zoned for anything other than one acre home sites, is not a proper transition.  He showed an overlay to their neighborhood map (received and filed) with green shaded areas representing property owners who oppose the rezone request.  He noted that a vast majority of the Cobblestone residents are also in opposition to the request.  He said the addition of 24 to 26 homes would increase the number to over 1,300 cars per day.  Mr. Barfield must not think the traffic is an issue because he doesn’t live on Brooks Lane.  He has lived on Brooks Lane for over 26 years and has seen the increase in travel and he doesn’t allow his children to play in the front yard because of the speeding and amount of cars on the road.  He asked the residents to stand who favor the maximum density of one home per acre for any future development and support denial of this rezone request.

     Virginia Watts, 4824 Gabriella Lane, addressed the Board to state she is speaking in opposition to the rezoning for her family and her mother, Virginia P. Myles, 4848 Gabriella Lane.  She said their community was at peace until in 1994 one neighbor on Gabriella Lane requested a rezone from A-1 to R-1AA.  They learned that their agricultural zoning didn’t seem to matter as much as they thought.  What mattered was a plan that others had made and decided they should have up to four houses per acre or subdivisions in their community.  As a united neighborhood, they all knew that subdivisions were not compatible with their lifestyles.  She said you don’t have horses, cows, chickens, etc. next to subdivisions; it is not compatible.  They fought to change the land plan and with the help of their county commissioner then, Pat Warren, they were able to roll the plan back to a maximum of one house per acre or suburban estates.  She said the reason the line was drawn 11 years ago dividing the suburban estates and LDR, excluding the properties north of the section line, is best stated in the recent report by County staff where staff determined that it would be a clean break from the SE and LDR future land use designation and that it followed the section line.  She said they can find no compelling reason for the boundary line except that it conveniently followed the Section 30 line.”  They believe the decision to draw the boundary line between SE and LDR along the neat section line was an error as all the properties north of the section line had and still have the same characteristics as the rest of their community.  All have A-1 zoning and for the past 11 years since the plan changed, there has been no development or request for development until now.  For their community, an A-1 zoning is not a transition or a holding destination.  It symbolizes the true character of their community.  They believe the reasonable and rational boundary line between SE and LDR on the west side of Brooks is the southern boundary of Cobblestone.  She asked the Board to ponder the decision made 11 years ago and their consequences now.  She further asked the Board to deny the rezone and agree with members of the P&Z that only a maximum of one house per acre is compatible for the subject property.

     Michelle and Robert Turner, 1660 Brooks Lane, addressed the Board.  Ms. Turner stated the subject properties currently have the land plan designation LDR, which is not a guarantee but a potential opportunity for a range of zoning allowing one to four dwelling units per net buildable acre.  She said in viewing the County’s compatibility standard, Section 30.1380.3, (copy received and filed), she does not believe it applies to this particular situation.  She read that the legislative finding and intent reads, “the purpose and intent of this section is to provide a mechanism and a method utilizing objective standards for determining compatibility between properties assigned single family residential zoning classifications and assigned a low density residential land use designation.”  She said the wording and intent are very clear about the LDR future land use.  There is no reference made to any other land use designation other than LDR in the entire code.  There is no provision for adjusting of weighting to accommodate abutting SE land plan.  In this case, nearly 800 acres of abutting approximate suburban estates land that was explicitly protected by the County Commissioners in the Bear Gully Small Area Study.  In referring to staff’s review of the 1995 Bear Gully Study, it says, “as part of the study, Glatting Jackson was retained to look at compatibility standards from LDR future land use designation to the suburban estates future land use designation.  These compatibility standards were not formally adopted by the BCC.”  She stated the Board recognized the need for a transitioning buffer as is evidenced by having a independent planner do this study in 1995.  The fact is, in this particular situation, the unnaturally limited width of the subject properties prevents an appropriate buffer.  There is not enough space for an appropriate step down between the differing future land use designations.  In reviewing the County’s published requirements for rezoning, it reads, “to obtain County support, the applicant should demonstrate that the proposed rezoning is consistent with the Comprehensive Plan and benefits the community as a whole.”  She said with such well documented and overwhelming community opposition seen today, the applicant has not demonstrated a benefit to this community.  Regarding land plan consistency as outlined in the Seminole County Vision 2020 Comprehensive Plan, the plan is not static but remains flexible to address long-standing community desires and development patterns.  She said the Brooks Lane/Gabriella community believes both the LDR land plan and the requested zoning to be inconsistent with the community desires and patterns and, therefore, are inappropriate.

     Mr. Turner continued that under Future Land Use Policies 12.5 and 12.7 references made to compatibility with the abutting approximate land uses.  He said abutting to the north is 15 acres of agricultural land; to the east is over 1,000 feet depth of conservation land protecting the Brooks Lane corridor; to the northeast is approximately 20 acres of A-1 LDR developed as estates further substantiating the metro community development pattern as large lots.  He requested the Board to look at what is on the ground now with the long-standing desires and development patterns of this community; follow the lead of the P&Z Commission; and deny this rezone request to R-1AAA or any density greater than one house per acre. 

     Pat Peterson, 1465 Brooks Lane, addressed the Board to state changing the zoning for this area would take away from the quality of life for all of the homeowners in the area.  The horses, cattle and wildlife all add to the charm and tranquility that has been enjoyed for many years.  The new homes being built in this area are in keeping with the A-1 zoning as well as adding to the economy for the county.  She asked the Board to deny the request for rezoning.  She showed pictures (received and filed) of the homes in the area.

     Don Peterson, 1465 Brooks Lane, addressed the Board to state two acres to the north of their property sold last week for $245,000 per acre.  He thinks it is evident the trend for Brooks Lane is best kept to no more than one house per acre.

     Tracie Blakey, 1560 Brooks Lane, addressed the Board to show pictures (copies received and filed) of the lifestyle they enjoy in this area.  She stated they have abundant wildlife there.  She has cattle, a horse, chickens, and a pig.  She said it is a farm.  She said wildlife such as snapping turtles and cranes are an everyday occurrence.  She stated there are three generations in her household who have lived there over the past 30 years and that is pretty common to the property owners who live down this corridor.  She showed pictures (received and filed) of her children and said they have acquired more property to pass on to their lifestyle to their children.  She stated that behind her is Stonehurst and she currently has a severe drain (picture received and filed) that comes onto the back of her property, and there is still some construction debris there.  That was never the intention, but it is the end result.  She has concerns about what the requested project will look like.  She asked if this project happens, how can she secure that the drainage will be taken care of.  She requested that her District Commissioner have final approval over what is decided to make sure whatever is done is in accordance to the plans set out and in accordance with the County.

     Ms. Blakey said in any normal rainy season, she has at least six to eight inches of rain in her pond that fully encompasses the neighbor’s front yard across the street.  Therefore, she would like to request that the residents have a final approval again so that what is talked about today will be laid out the way they say it will be.

     Chairman Henley advised Ms. Blakey that will be staff’s responsibility to follow through with the County engineers, and the project will come back.  District Commissioner Dallari will have every opportunity he wants to talk to staff about the project.

     Ms. Blakey said she agrees she would like the project as one acre lots. 

     Stephanie Black, 1800 Brooks Lane, addressed the Board to state the Brooks and Gabriella Lane property owners have been meeting for months with staff and the Commissioners trying to find a way to prevent this rezoning.  They found that the weighted method used by staff to determine the compatibility of this rezoning, Section 30.1380.3, is according to legislative findings, intended to be used only when the subject property is surrounded by LDR land.  She said the Board has already heard their objection to staff’s use of this particular standard.  Their position is further supported by Policy FLU 2.10 (copy received and filed) which was also used by staff to evaluate the zoning issue.  She read that policy, stating that clearly it is also intended to be used only when subject properties are surrounded by land assigned the LDR future land use designation.  She said these methods used by staff to rate the subject properties as favorable for anything are invalid and inappropriate, and therefore, unenforceable because the subject properties are immediately adjacent to almost 800 acres of suburban estates land.  Further, the report (copy in notebook binder) entitled, “Determining Single Family Residential Compatibility in a Low Density Residential Land Use,” which was also adopted as legislative history, provides additional reasons why this rezoning should be denied.  She referred to the notebook binder and read the definition of compatibility zoning and said if they apply this definition to the issue at hand, it is obvious to see that building 24 homes on seven and one-half to eight net buildable acres is neither harmonious nor transitional with the surrounding properties.  She read the definition of zoning transition and said 24 homes on less than 10 net buildable acres crammed in between 40 acres of agricultural land do not meet the requirement of a harmonious flow or compatibility between adjacent uses.  Based on the development patterns set within their rural enclave during the past 40 years, the logical suburban estates boundary should have been set at the Cobblestone wall.  Had that occurred during the 1995 study, this issue would not be before the BCC today.  She asked that the Board deny the application for R-1AA, R-1AAA, or any density greater than one home per acre.

     Jacque Gellein, 5100 Double R Lane, addressed the Board to state her home is their family center and is where her children now raise their children and she has no intention of leaving, selling or developing her property.  She said she is a very typical member of the Brooks Lane community.  She said the Board’s decision today is vital to their way of life.  She said in the face of zoning that did permit more dense development, that dense development did not occur.  Brooks Lane today is largely as it was, with the currently measurable average of one home per four acres in a very evident naturally occurring boundary that is just south of Cobblestone.  The recent examination of written guidelines for zoning and transition reveal there is no clear written standard that would encourage or mandate the right to the kind of infill development that is requested by the applicant.  His request is in conflict with adjacent pre-established use and character and in high contrast to the area’s problems of very low density.  Within the applicant’s request, there is no realistic possibility of adequate or appropriate transition.  Today’s reality of the challenges of drainage issues that were noted in the 1995 Bear Gully Study remain today unresolved.  She said the traffic is a growing issue.  Yet, the essence of the community is solid and self-perpetuating and is vibrant with the changes that are compatible.  She said there is nothing like the oasis of Florida culture that does flourish on Brooks Lane.  If lost, this cannot be duplicated or replaced.  She asked the Board to protect the rural community jewel known as the Gabriella and Brooks Lane community and deny the applicant’s request for any development that is more dense than one home per acre.

     Faust Capoblanco, 1640 Brooks Lane, addressed the Board to state his land has natural retention areas, even though he is not required to have them.  He keeps his land low on purpose.  He said Mr. Barfield is already receiving water from Stonehurst so he knows that water is coming to his land that is low.  He could handle it and push it out onto Brooks Lane and let everybody else deal with it.  He said they have saltwater intrusion in Oviedo already.  They have commissioners who wisely set aside this land so that it could let water percolate into the ground and keep the aquifer clean and healthy.  He said they need to keep that.  Instead of making the mistake and changing what the early commissioners have put aside, keep the land the same way and deny this request. 

     Jack Krips, 7756 Waunatta Court, representing the applicant, addressed the Board to state they have no interest or desire to cross the line into the suburban estates area.  They recognize that line and recognize the character that is there.  At the same time, the area has transitioned to the point where if you looked and said the line was at Cobblestone, as some of the neighbors had wished that to be at this point in time.  He said it wasn’t.  They took into consideration with the study that the area be maintained in the character that it is as a suburban estates.  That was a transition some 10 years ago from a mid-density residential and low density residential to the suburban estates that it is now.  In respect to that line, they are looking at a parcel of property that had not been utilized and had been zoned agricultural, as all the area, and utilizing what was there and planned for as the time came along.  He said they have no interest in trying to push further into the suburban estates.  They have assured the residents at public meetings and in private talks that they have no interest in that.  They are looking to do a quality, custom home built community that would utilize the acreage and the staff’s recommendation for a R-1AAA type use.  He said the whole issue boils down to rules and regulations. 

     No one else spoke in support or in opposition.

     Speaker Request and Written Request Forms were received and filed.

     Chairman Henley had Mr. Fisher to address the question of the appropriate use of the Lot Size Compatibility Ordinance in relation to this and the surrounding properties.  Mr. Fisher said this ordinance does apply and is applicable to any property that is low density residential, whether it is residential land use or a rezoning request that is being proposed. 

     Mr. Fisher also answered questions by Commissioner Carey on how the lot size compatibility analysis was calculated.  He explained this analysis is only one tool to use to determine whether zoning is appropriate.

     Chairman Henley reviewed that the staff recommendation is to deny rezoning to R-1AA, but staff would support R-1AAA. 

     Commissioner Morris disclosed ex parte communications with both sides of this issue on multiple occasions.  Chairman Henley stated he met with both sides also and any notes that have come in have been submitted to the Clerk for the record.  (Copies of e-mails were received and filed.)

     Commissioner Van Der Weide said he thinks they all have met with both sides. 

     Commissioner Carey stated she had met with both sides.  She submitted an e-mail (received and filed) received today from Diana Knowles Dunlap, who requested that it be submitted to the record.  In the e-mail, Ms. Dunlap refers to a deed restriction (copy received and filed) that Commissioner Carey said she found in her earlier investigation which limited the size to two acres.  She advised that the deed restriction sunset in 1999.

     District Commissioner Dallari advised he has also had various ex parte communications with the citizens as well as the applicant.  He has met the applicant and various citizens on the site and in various other locations.  He also received a number of e-mails and correspondence (received and filed) which he submitted to the record.

     Commissioner Dallari referred to the table in the staff report and stated in looking at the suburban estates, directly to the west is R-1AAA, directly to the north is LDR and to the west of that is R-1AAA as well.  He has looked at the Small Area Study and recall in the minutes that the Section 30 line is clearly the debarkation between suburban estates and low density residential, he thinks the transition from suburban estates going north is appropriate and he believes that the transition in that should be somewhere around R-1AAA.

     Motion by Commissioner Dallari to approve the request and enact an ordinance for rezoning 10+/- acres, located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AAA (Single Family Dwelling) and authorize the Chairman to execute the document; as described in the proof of publication, Jay Barfield.

     Commissioner Morris called for a point of order.  He said the motion is out of order as Commissioner Dallari needs to deny the request before the BCC first and then make an alternative motion for the zoning.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to deny the request for rezoning 10+/- acres, located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single Family Dwelling); as described in the proof of publication, Jay Barfield, based on the staff findings.

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

     Commissioner Dallari reiterated that he believes R-1AAA is the proper transition from suburban estates going north, which is the same transition going west as well.  

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve the request and enact an ordinance rezoning 10+/- acres, located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AAA (Single Family Dwelling) and authorize the Chairman to execute the document; as described in the proof of publication, Jay Barfield.

     Under discussion, Commissioner Carey stated that while she understands the lot compatibility and how staff went through the process, LDR in her opinion could be any one of many categories.  She said she has been a big proponent of transitional zoning and while she wasn’t on the Board when the line was drawn at Section 30, she doesn’t believe that R-1AAA is appropriate next to one acre.  It might be that half acres would be the maximum that she thinks should be next to that with a nice 35 foot buffer.  She said she would not be supporting the motion.

     Commissioner Morris stated he listened very closely to the arguments in his office yesterday with Mr. Fisher regarding how a lot compatibility analysis would work in this particular case and the applicability with respect to the agricultural zoning to the south, and with the future land use being country estates.  He said he was hoping there would be relief there and Mr. Fisher did not provide that relief.  The other part is that the lot compatibility is one they can choose to apply or not apply.  This comes down to exactly the way Commissioners Dallari and Carey have phrased it; that is, what is appropriate for transition.  The transition at the time when they did the original study indicated the Board drew a line in the sand, and that was what the Board at that time perceived as one unit to the acre.  To the south, maybe even larger in some cases, with five acre lots and so on; and to the north, would be some lower density, but not to the highest level of intensity as R-1A zoning.  He said in this case, he personally can see the R-1AAA.  He can see a public record that is more thorough than the one they had at the time when they did the small area study.  The idea then was to get through something that would protect the area and the Board did not want to get any lawsuits for particular property owners, including the ones here before the BCC now.  Consequently, it would become a major, massive controversial issue if they try to do this again.  Then it wasn’t because it went through smoothly because of compromise.  Now, years later, that compromise is back before the Board and forcing them into an issue that is very uncomfortable and unfortunate. 

     Districts 1 and 3 voted AYE

     Commissioners Morris, Carey and Henley voted NAY.

     Chairman Henley announced that the motion failed three to two.

     Commissioner Morris said he thinks the setback requirement is the issue that needs to be dealt with.  He also thinks the appropriate buffer zone would allow for R-1AAA if they had it.

     Chairman Henley recessed the meeting at 3:33 p.m. and reconvened it at 3:47 p.m. with Commissioner Morris and Ms. Coto entering late.


APPEAL BOA/JOHN KELLY

     Continuation of a public hearing to consider appeal of the Board of Adjustment’s decision to deny a special exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace; as described in the proof of publication, John Kelly.

     Kathy Fall, Principal Planner, addressed the Board to present the request, stating the history of the case and that the effect of the Circuit Court Order is as if the Board of County Commissioners never issued an order upholding or overturning the decision of the Board of Adjustment.

     Attorney John Bennett, 170 E. Washington Street, representing the applicant, addressed the Board to state since the last meeting, the Circuit Court quashed the Board’s denial and said the applicant met the criteria for the special exception and that the decision of denial was not supported by competent, substantial evidence.  The legal effect is that they are back to where they were just before the Board voted on special exception before.  He said he would object to reopening the public hearing.  They think that evidence is all in and it should stop there, and it would be unfair to reopen it at this point because if the applicant had lost before the Circuit Court, he doesn’t think the Board would allow them to reopen their case and try to put in more evidence.  He thinks that would be a violation of due process.  He said if the Board is going to reopen the public hearing, then he has two things he would like to put into evidence.

     Chairman Henley advised the Board will reopen the public hearing because they are back to square one as a result of the judge’s ruling.

     Whereupon, Attorney Bennett submitted to the record an Appendix (received and filed) with all the testimony from the last hearing and the original Writ of Certiorari (received and filed).

     County Attorney Robert McMillan clarified that all the evidence that was before the BCC is before them again by virtue of the procedures the courts provide in the law.  He stated the Board is legitimate in reopening the public hearing, taking new evidence and making a new judgment based on the new evidence and evidence already in the record.

     Kristine Kraus, 3173 Bothwell Court, speaking on behalf of the Red Bug Coalition, addressed the Board to state they maintain their position regarding this application that they are opposed to granting a special exception.  She believes there is new information.  A letter was submitted to the Board from Florida Hospital and she doesn’t know if that was part of the original record.  She said this property is the gateway to their neighborhoods and community shopping, and they agree with Florida Hospital that the trend for the immediate area is medical services for the community.  There is hope of bringing a hospital to the area.  She said she works at the YMCA, and they along with Florida Hospital and Centra Care Rehab Center believe that this area will require supporting medical services and doctor/medical offices; and those type uses would be more compatible without creating the need for a special exception.  She stated there have been other applications for package liquor stores that have been declined, and she asked the Board to uphold the Board of Adjustment and deny this appeal.

     William Odahowski, 1155 Kerwood Circle, speaking on behalf of the Tuska Ridge Homeowners Association, addressed the Board to state he lives one-half mile from the proposed site in question.  He said they have seen the area expand with businesses needed within the community and they were happy to welcome all into their community, with certain exceptions such as tire shops, gas stations, adult book stores and liquor stores which were unsuccessful in obtaining permits.  They feel the Board has done a superior job in administrating the zoning laws for this area.  His question to the Board is, “why change now?”  He said with the influx of residents, their community has already hired off-duty police officers to enforce the traffic laws within the subdivision.  Over long weekends, the entry into the subdivision has been an area for dropping off beer bottles.  This situation has been cleaned up with enforcement and extra expense to the homeowners association.  He said they are asking the BCC to retain the original intent of the zoning of this area as a place where they can bring their families to enjoy the pleasure of shopping and family activities rather than objectionable business as described. 

     Jody Barry, 110 W. Fredrick Avenue, speaking on behalf of Florida Hospital, addressed the Board to state Florida Hospital owns 22 acres directly adjacent to the subject property.  They operate the Florida Hospital/Oviedo Outpatient Services on this parcel and have within the building a Centra Care walk-in clinic, a rehabilitation center and a diagnostic imaging center.  Their future plans for the site include expansion of these services and the introduction of more outpatient services.  He said they are not against development and are currently expanding five of their existing hospitals and are growing their capacity as the health care needs of the community grow.  They are against unwise development and a liquor store as this location is unwise development.  It is not congruous, appropriate, or harmonious with health care use.  It does not fit along side health care and is incompatible with their mission to provide health care to the community.  He said a liquor store is also not congruous with adjacent uses.  Wise planning and development by the Board has given the community family-oriented retail uses in all directions around this property.  A liquor store would detract from this wise planning.  He requested the Board vote no and not allow a liquor store at this location.

     Commissioner Morris asked Mr. Barry if he believes that a the use of a liquor store, which is a legally-operating entity and is in the Comprehensive Land Use Code, would be incongruous versus a restaurant like Chili’s across the street, used by many of Florida Hospital’s employees, which has two happy hours a day, would not be incongruous.

     Mr. Barry said he believes the main thrust of the argument is the image of a liquor store.

     Upon further inquiry by Commissioner Morris, Mr. Barry stated they don’t have any specific zoning arguments against the liquor use and they acknowledge that.

     Upon inquiry by Commissioner Carey, Mr. Barry stated in the future, they could develop on their land anything that might be complementary to what’s now on the site.  He said if it were a restaurant that served alcohol like Chili’s, that would be fine.

     Upon inquiry by Commissioner Dallari, Mr. Barry affirmed that if there is a restaurant with the primary purpose of serving food, there would not be an issue, but if there is an establishment with the primary purpose of selling alcohol, there is an issue and it is based on his faith-based, medical opinion.

     Upon inquiry by Commissioner Morris, Mr. Barry clarified for the record that their mission is to extend the healing ministry of Christ, however, they don’t try to force that mission and opinion on the community.  Their main thrust of the argument today is that they don’t feel the image and use of a liquor store that sells 100% alcohol, as opposed to a restaurant, is the right use.

     Commissioner Morris further clarified with Mr. Barry that there is approximately two acres between the current site acquired by Florida Hospital from Winter Park Healthcare and the subject property of the applicant, and that particular site could become another commercial development and it would be a perfect outparcel.  Commissioner Morris pointed out that an outparcel could be a variety of uses and that would give Florida Hospital additional space between what he considers an offensive or undesirable project.  Discussion continued.

     Commissioner Carey discussed that there are other package stores in the general vicinity of this project.  She reviewed the application letter stating the project would not serve alcohol on site, but it would be strictly package store consumption, along with other things, and there would not be a bar.  Attorney Bennett stated this project would be similar to the facility on SR 436 in Altamonte Springs of a Mediterranean style.

     Commissioner Morris noted that the Board has had a minimal number of calls from the public regarding this site and Florida Hospital only arrived on the scene within the last month.  There has been very little public testimony. 

     Rex Weeks, director of construction for ABC, addressed the Board to state there are approximately 30 ABC liquor stores in Central Florida; approximately 150 in the state of Florida, and five or six in Seminole County. 

     Mr. Weeks showed a picture (not received and filed) of their standard design and said the picture is similar to what is being proposed to be built.  He advised Commissioner Morris that they are willing to work with any building department to try to build any type of regal and upscale project as much as they can and meet any kind of requirements necessary. 

     Mr. McMillan reminded the Board that this is a special exception and the Board could put any conditions on it they choose to in order to harmonize it.

     Attorney Bennett reiterated what the court said and stated he believes there is no competent, substantial evidence that would allow a denial.

     Commissioner Dallari advised he received an e-mail (received and filed) addressed to Kathy Fall from Florida Hospital with their objections.

     Commissioner Dallari discussed with Ms. Fall how this use is consistent with the surrounding area. 

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Chairman Henley stated he has been hearing opinions from both sides and they have discussed quite a bit about compatibility.  Unfortunately, staff looked only at compatibility as it relates to schools and churches and not from the surroundings.  Also, he thinks it is important to recognize that there have not been many demonstrations before the BCC on hardly any matters, though there have been a significant number of people turn out on various issues dealing with compatibility.  He said he personally does not feel that what the applicant is doing is compatible with the community and especially with the Florida Hospital development and what they are potentially planning to do.  He thinks the fact they have a request does not mean they have to grant that request, but consider only what staff has said with regard to what is compatible.

     Commissioner Carey discussed with staff the separation from this site to the current Florida Hospital facility, which she concluded is a fair distance. 

     Commissioner Carey advised she has had a number of calls from residents in the Oviedo area who are disappointed this did not get approved and complained that they have to drive a considerable distance to get to the nearest package store.

     Chairman Henley stated that one of the things that is troubling him is the fact when you read the report of the courts, it appears the only thing that matters is the published rules the County has.  He said although he does not agree this is appropriate at this location and he is opposed to it; however, he thinks with the wording the Judge put in and the restrictions on the project, he doesn’t think the Board has much of a chance how they could spend their dollars by sending it back.  He said he will probably support the request, but with the understanding that he will ask the Board to revisit the rules and regulations they have regarding special exceptions in this nature.  He thinks there are ways the Board has at its disposal to be able to deal with these types of situations.

     Commissioner Van Der Weide stated the thing that disappoints him about the court proceeding is the fact the public don’t seem to have any standing unless you’ve got an engineering degree or a planner’s degree.  What the public sees as compatible or incompatible means nothing.  He said he agrees with the Chairman and he is opposed to the project, but he doesn’t see where they can do anything without readdressing and documenting future land use.  He said he has been saying for many years that the public needs to have a professional group that is able to represent them in the standing at the court.

     District Commissioner Dallari stated he believes from the testimony heard today from Florida Hospital and various residents that there is competent testimony to uphold the Board of Adjustment’s decision.

     Motion by Commissioner Dallari to uphold the Board of Adjustment’s decision to deny a special exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace; as described in the proof of publication, John Kelly.

     Chairman Henley called for a second to the motion three times without response, whereupon, the motion died for the lack of a second.

     Commissioner Morris stated the code is very clear and this is a black and white issue.  The opinions, unfortunately in this case, don’t matter.  The discipline the Board must maintain when it looks at its code is not one that is so wildly speculative that it allows opinion versus what the code factually requires to render a decision.  It is clear in this case; the Judge ruled, and he thinks he ruled exactly on point.  Someone may disagree with what the net result of that is.  If they want to adjust this, they have to adjust the code, but they can’t rule on the fly and make decisions based upon one’s personal opinion versus what is quite clearly a black and white decision. 

     Commissioner Morris further stated the issue that is deeply troubling to him is the gross misunderstanding of alcoholism and what it does and what happens in the course of a society.  He said the idea of not villainizing a grocery store such as an Albertson’s, which is a stand-alone door entrance, but they do villainize an ABC store, which to him is very unfortunate.  It goes to misunderstanding the actual social problems and commercial issues they are dealing with and the underlying use.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to overturn the Board of Adjustment’s decision to deny, thereby, granting a special exception to establish an alcoholic beverage establishment (package liquor store) located on the northwest corner of the intersection of Red Bug Lake Road and Oviedo Crossing Terrace; as described in the proof of publication, John Kelly.

     Under discussion, Chairman Henley stated he doesn’t disagree with all the opinions Commissioner Morris just stated.  He said he has quite a bit of experience and background in dealing with the results of alcohol and alcoholism, and he has seen the results of it and the proliferation, regardless whether it is Albertson’s, 7-11 or anybody else, making it accessible, particularly to young people.  That’s why he said he is going to be pushing to give the Commission some control over this proliferation.  He thinks it is important for them to go back and spend some time on how they can get some control.

     Commissioner Morris said he supports that effort.

     Commissioner Carey said she thinks, if the law is upheld, it is adults buying alcohol at any of these establishments.  She said she doesn’t believe this is necessarily a Christian issue and it offends her a little bit that it gets painted as just a black and white Christian issue, because it goes much deeper than that.

     Commissioner Carey called the question.

     Districts 2, 3, 4 and 5 voted AYE.

     Commissioner Dallari voted NAY.

     Commissioner Van Der Weide stated he would move a motion on the Chairman’s recommendation to have consensus by the Board.  Whereupon, Chairman Henley said, without objections by the Board, he will ask staff to provide the Board with a number and location of all package stores and all places where alcohol is sold so the Board can get some idea of what they are dealing with, with the intent to put some type of limitation upon how many will be allowed in Seminole County.  There were no objections.

     Commissioner Morris added that will include the sale of beer and wine.

     Upon inquiry by Commissioner Carey, Chairman Henley said he would like to know how many restaurants there are also that sell alcohol, although they are not going to address that particular issue.

     Commissioner Morris left the meeting room at this time.

REZONE FROM R-1AAA TO A-1

ELLIS SCHAUDER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 5.7+/- acres from R-1AAA (Single Family Dwelling) to A-1 (Agriculture) located on the north side of Lake Howell Lane, approximately 3,000 feet east of the intersection of Lake Howell Lane and SR 436, Ellis Schauder, received and filed.

     Michael Rumer, Senior Planner, addressed the Board to present the request, stating the P&Z Commission unanimously recommended approval and staff is also recommending approval of the request.

     Commissioner Carey stated this is one where there should be some flexibility in the Building Department that the homeowner does not have to come before the Board to actually rezone when they have 5.7 acres of land to put up a building. 

     Chairman Henley said she might want the County Manager to take a look at that.

     Commissioner Van Der Weide agreed with Commissioner Carey.

     Ellis Schauder, applicant, addressed the Board to thank Commissioner Carey for noticing that.  He said it is a awful long process to put up a building.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and enact Ordinance #2006-48, as shown on page _______, rezoning 5.7+/- acres from R-1AAA (Single Family Dwelling) to A-1 (Agriculture) located on the north side of Lake Howell Lane, approximately 3,000 feet east of the intersection of Lake Howell Lane and SR 436; as described in the proof of publication, Ellis Schauder.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE FROM A-1 & RM-3 TO

RC-1/TONY CIPPARONE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 28+/- acres from A-1 (Agriculture) and RM-3 (Travel Trailer Park & Campsites) to RC-1 (Country Homes) located on the north side of W. SR 46; 3,300 feet west of the intersection of SR 46 and Orange Boulevard, Tony Cipparone, received and filed.

     Mr. Rumer presented the request, advising the P&Z voted 5 to 0 to recommend approval and staff is also recommending approval of the request.

     Ron Hinson, Design Service Group, representing the applicant, addressed the Board to state there is no net increase in density and the lot sizes will be compatible.  This will be a nice area under trees and it will be a very nice development.  He advised they agree will all the staff recommendations.

     No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and enact Ordinance #2006-49, as shown on page _______, rezoning 28+/- acres from A-1 (Agriculture) and RM-3 (Travel Trailer Park & Campsites) to RC-1 (Country Homes) located on the north side of W. SR 46; 3,300 feet west of the intersection of SR 46 and Orange Boulevard; as described in the proof of publication, Tony Cipparone, based on staff findings.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE FROM A-1 TO R-1

RICHARD MEAHL

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 2.24+/- acres from A-1 (Agriculture) to R-1 (Single Family Dwelling) located on the north side of Lake Howell Lane, approximately 760 feet east of the intersection of Lake Howell Lane and SR 436, Richard Meahl, received and filed.

     Mr. Rumer presented the request, stating the P&Z recommended approval by a vote of 5 to 0; and staff is recommending approval of the request.

     Attorney John Simpson, Pohl & Short, P.A., representing the applicant, addressed the Board to state they concur with the recommendations of staff and the Planning Board.  They feel R-1 zoning is an appropriate buffer between the multi-family to the west and multi-family to the south and that this is an appropriate transition between that and the residential property to the east of the site. 

     Commissioner Morris re-entered the meeting room at this time.

     Attorney Simpson said the R-1 zoning is consistent with the future land designation of low density residential.  He stated the city of Casselberry has indicated water and sewer capacity is available to the site.  He requested the Board’s approval.

     Commissioner Dallari asked what the plans are for lake access.  Attorney Simpson stated there is an existing dock on this site and it is intended to remain.  He said the applicant’s goal is to install a private boat ramp for use by the residents who will be living in this neighborhood.

     Robin V. Platt, 2580 Lake Howell Lane, applicant, addressed the Board to state they purchased the property a year ago and their goal is to preserve the integrity and character of the neighborhood.  Their goal is to clearly make this a transition and stay within the future land use.  They plan to make this a gated, private community.  She showed a picture (received and filed) of the lake and dock.  She stated in the preliminary site plan, they have preserved the trees.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner Morris, approve and enact Ordinance #2006-50, as shown on page _______, rezoning 2.24+/- acres from A-1 (Agriculture) to R-1 (Single Family Dwelling) located on the north side of Lake Howell Lane, approximately 760 feet east of the intersection of Lake Howell Lane and SR 436; as described in the proof of publication, Richard Meahl.

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

SAN MARY OFFICE SMALL SCALE LAND

USE AMENDMENT AND REZONE

FROM A-1 TO OP/DAT LE

 

     Proof of publication, as shown on page _______, calling for consideration of a public hearing to consider adoption of the San Mary Office Small Scale Land Use Amendment from Low Density Residential (LDR) to Office and rezone from A-1 (Agriculture) to OP (Office) on 4.85+/- acres located on the south side of Lake Mary Boulevard, between College Drive and Ridge Drive West, Dat Le, received and filed.

     Tina Williamson, Principal Coordinator, presented the request.

     Commissioner Van Der Weide left the meeting room at this time.

     Ms. Williamson said the P&Z Commission voted 5 to 0 to recommend approval of the requests, subject to the site plan and development order and based on staff findings; and staff is recommending approval of the land use amendment to Office and the rezoning to OP (Office), subject to the site plan and development order.

     Commissioner Carey questioned staff about what the setback would be from Ridge Drive to the buildings.

     Commissioner Morris stated the real issue is the access on Ridge Drive.  This plan, with the amount of use and hours of operation, would not be as bad as other applications seen in the past.  He questioned staff about the estimated traffic count.

     Commissioner Carey said when the applicant came to see her, he brought some renderings that were of a neighborhood in style and looked residential in nature, but she doesn’t see that as part of the documents today.

     Ms. Williamson showed the pictures (received and filed) that were presented at the P&Z meeting of the type of style the applicant was considering.  She said the applicant has not committed to an exact style.

     June Rastom, 448 Ridge Drive, addressed the Board to state when the tennis courts came in, they did not have any objections because that dealt with children and, as a teacher, she could not oppose it.  Besides that, the courts were well mowed and taken care of.  She said she does not deny the applicant the right to improve his property and it needs to be improved, because it is an eyesore.  Her concern is for access coming off Lake Mary Boulevard.  He said this is approximately 450 cars daily, not counting school buses and school children and residents who have two to three cars that each family member is driving per day.  Her concern is for the safety of the children, for herself, the amount of traffic, and how to get in and out of the property.

     Commissioner Morris discussed that the answer always was the entrance off College Drive, but the Community College did not grant that.  He advised the Community College has control over that land.  He thinks the last time the College was approached was in 2000 or 2001, and they were adamant from a safety standpoint about the movement of traffic, backup traffic, and transition traffic for evening classes.  He said it is still worthwhile to him to see if they could do that.

     Ms. Williamson said the applicant already approached the college and they have said no.

     Commissioner Morris said maybe if the BCC approached the college, it may make a difference.

     Ron Poole, 107 W. Ridge Drive, representing his father, Burchard Poole, addressed the Board to state his father’s driveway is directly across the driveway entrance onto the property so they know quite well what has been going on there for years.  He said it was a nightmare getting in and out when the tennis courts were there, but his father tolerated it.  He said their problem is not in beautifying the area, because it needs something done, but the problem is the access.  He asked why couldn’t the entrance be moved closer to Lake Mary Boulevard, having a one-way entrance in and one-way out by the water plant towards the front. 

     Commissioner Morris discussed he doesn’t think this is going to be a huge amount of trips per day based upon the spread of time over a twelve-hour cycle and this is not going to be a high commercial traffic center.  He stated he thinks the lighting really needs to be restricted and should not bleed over at all.  Discussion ensued.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Carey discussed the lighting with staff.  She said she was thinking of allowing the height of the lights to be 15 feet along the area adjacent to the residents.  She said she would not want traffic to be able to turn right into the neighborhood and want as a condition that there is no right turn into the residential area; and the condition of limiting the height of the lights along the area adjacent to the residents.  Further, that no wall packs are allowed on all sides of the buildings, particularly those that face the residential area.  Additionally, the renderings submitted by Ms. Williamson tonight are to become part of the record indicating what the developer is proposing; and the site plan is to come back to the BCC for final approval. 

     Commissioner Dallari cautioned that they be sure not to violate the various lighting safety standards in limiting the lighting.

     Commissioner Carey clarified she is only speaking of 15’ height limitations along the West Ridge Drive area. 

     Commissioner Morris advised the applicant he may want to call the City Planner in Lake Mary, as they had a similar situation occur on Rinehart Road.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to enact Ordinance #2006-51, as shown on page _______, adopting the San Mary Office Small Scale Land Use Amendment from Low Density Residential to Office; enact Ordinance #2006-52, as shown on page _______, rezoning from A-1 (Agriculture) to OP (Office), 4.85+/- acres located on the south side of Lake Mary Boulevard, between College Drive and West Ridge Drive, and approve Development Order, as shown on page _______; as described in the proof of publication, Dat Le, subject to the site plan and Development Order, based on staff findings and additional conditions by the District Commissioner as previously stated.

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

CHAPTER 40, PART 2, SEMINOLE COUNTY

BUILDING AND CONSTRUCTION CODE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an ordinance amending Chapter 40, Part 2 of the Seminole County Building and Construction Code, received and filed.

     Tom Helle, Deputy Building Official, addressed the Board to present the request, stating the ordinance would go into effect on January 1, 2007, and the terms would begin on January 7, 2007.

     No one spoke in support or in opposition.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to approve adoption of Ordinance #2006-53, as shown on page _______, amending Chapter 40, Part 2 of the Seminole County Building and Construction Code; as described in the proof of publication, per the staff recommendations.

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

     Mr. McMillan advised that when this ordinance goes into effect, all current boards will be dissolved and staff will have to come back to the BCC.  The Commissioners may want to think about how its nine appointments will be made.  Each of them will have to bring back their nominees.

     Commissioner Carey suggested that staff come back with recommendations and attendance records of those who have already served on the boards.  She asked if this could be brought to the BCC in September. 

     Mr. McMillan stated January 1 is the date when all the terms expire.

REMOVAL OF PROPERTY

FROM THE RURAL AREA

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an ordinance removing property from the Rural Area and amending the Rural Boundary, received and filed.

     No one spoke in support or in opposition.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to approve adoption of Ordinance #2006-54, as shown on page _______, removing property from the Rural Area and amending the Rural Boundary; as described in the proof of publication.

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

LEGISLATIVE UPDATE

     DCM Sally Sherman addressed the Board to state the Federal Legislative Agenda for 2006 is as presented in the staff report.

CHAIRMAN’S REPORT

     Chairman Henley advised he received a letter (not received and filed) from the Hernando County Board of County Commissioners calling for a special session to deal with insurance, and he asked his Aide to forward copies to each of them.  He asked for the Commissioners’ responses.

     Commissioner Van Der Weide stated he would have no problem with that, but he thinks the Legislative Delegation would be smart enough to call a special session if needed.  He is not sure it is the BCC’s job to do that.  Discussion ensued.

     The Chairman determined that the Board had no consensus to join with Hernando County.

     Commissioner Morris said they need to get together with their Legislative Delegation to see if there is support.

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     Chairman Henley referred to the letter (received and filed) from the Central Florida Sports Commission advising of an open seat on their Board of Directors.  He asked if anyone had a nominee in mind, bring that name forward and the Board can nominate someone, but the Sports Commission Board will decide who will serve.

     Commissioner Morris asked the Commissioners to consider Rick Joyce, who is very active in sports.

     Chairman Henley stated the current representative is Mr. Skwarlo, who he thinks is a good candidate.

     Commissioner Dallari asked to see the Sports Commission Board makeup. 

     Chairman Henley advised he has a meeting scheduled with Mr. Saboor dealing with the makeup and the fact that the BCC has no input regarding that.  He said he believes the BCC can submit up to three names for consideration.  He asked the Board to submit names at the next meeting to forward to the Sports Commission.

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     Chairman Henley advised of a resignation from Doug Koenig of the Tourist Development Commission.  He asked if the Commissioners have someone in mind to bring that name forward for consideration.

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     Commissioner Van Der Weide asked if it might be possible to make a recommendation for the Sports Commission of someone who would not be able to take the position until towards the latter end of the year. 

     Chairman Henley stated he would also discuss that with Mr. Saboor.

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     Chairman Henley reminded the Board of notification by Nadine Miller that the BCC had received the nomination for the 2006 Guardian Ad Litem Program.  He has received the letter (received and filed) notifying that the award will be presented on Sunday, August 27,2006, at the Recognition Banquet in Tampa.  Following a brief discussion, Chairman Henley requested authorization for Vice Chairman Dallari to attend the Banquet to accept the award as he was unable to attend.  The Board’s consensus was for same.

     Commissioner Morris noted that the Board received an award earlier this year for philanthropic government.  Chairman Henley added that they also received a state-wide award for economic development.

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     Chairman Henley stated the Board has to instruct Mr. McMillan to draft a resolution regarding the Charter Review Commission recommendations to go on the ballot.  The resolution will come back to the Board on August 8, 2006.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to instruct Mr. McMillan to draft a resolution regarding the Charter Review Commission recommendations to go on the General Election ballot.

     Upon inquiry by Commissioner Morris, Chairman Henley stated the Board can set aside time on August 8 for discussion of items the Board wishes to put on the ballot.

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

     Mr. McMillan advised the Board has to have things close to finalization on August 8 to have them advertised for adoption by ordinance at the second meeting in August (August 22, 2006).

     Chairman Henley stated any Commissioner who has an idea will discuss that with Mr. McMillan prior to August 8 and these will be discussed as a Board on August 8.

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     Chairman Henley discussed the Board meeting schedule for November.  Following discussion, the Board’s consensus was to hold a regular Board meeting on November 7, 2006, and hold a meeting on November 28, 2006, for the swearing in ceremony and reorganization of the Board. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated 6/29/06 to BCC from Diane Pickett Culpepper, Bright House, regarding changes to Bright House Networks channel lineup.

 

 2.  Memorandum dated 6/23/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

 3.  Memorandum dated 6/30/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

 4.  Letter dated 6/23/06 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice of public hearings for annexation on July 10, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Manager)

 

 5.  Letter dated 6/23/06 to Chairman from Ray Eubanks, Administrator-Plan Review & Processing, Department of Community Affairs, re: Receipt of County Comprehensive Plan Amendment #06-WSA1.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

 6.  Copy of letter dated 6/27/06 to Harry Barley, Executive Director-MetroPlan Orlando, from Chairman re: Appointment replacement on the Transportation Technical Committee.

 

 7.  Agenda and minutes of the June 15, 2006 and May 18, 2006 Historical Commission meeting.

 

 8.  Letter dated 6/23/06 to BCC from Ellen Brown, Project Graduation Committee-Lake Mary High School, re: Appreciation for contribution to Project Graduation.

 

 9.  Contract for services, as shown on page ________, between Seminole Co. Government and the following:  Francis Bussey (Scorekeeper); William Robillard, Jr. (Umpire Slow Pitch Softball); Lawana Stewart (Scorekeeper); Daniel Keating (Tournament Director); Clyde Graham (Umpire Slow Pitch Softball); and Florence Healy (Scorekeeper).

 

10.  Copy of letter dated 6/19/06 to Winter Park Coterie from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

11.  Letter dated 7/5/06 to BCC (with attachments) from Thomas Walters, Mayor-City of Oviedo, re: Resolutions supporting interlocal cooperation between Winter Springs and Oviedo.  (cc:  Co. Manager, Co. Attorney)

 

12.  Copies of identical letter dated 7/7/06 to all Seminole Co. City Managers from Melonie Barrington, Co. Traffic Engineer, re: New traffic signal maintenance agreement.

 

13.  Memorandum dated 7/7/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into county records.

 

14.  Copy of letter dated 7/10/06 to Merle Flandermeyer from Gretchen Venn, Executive Assistant, re: Receipt of Volunteer appointment information form (attached).

 

15.  Copy of letter dated 7/10/06 to Jaime Calderon from Gretchen Venn, Executive Assistant, re: Receipt of Volunteer appointment information form (attached).

 

16.  Copy of letter dated 7/6/06 to Cynthia Coto, Co. Manager (with attachments) from Clayton Simmons, Administrative Judge, re: Civil Courthouse Security Issues.

17.  Copy of letter dated 6/27/06 to Wynette Rogers, Revenue Accounting, from Lisa Spriggs, Director-Fiscal Services, re: Local Option Gas Tax distribution for 2007.

 

18.  Memorandum dated 7/6/06 to BCC (with attachment) from Cynthia Coto, Co. Manager, re: Budget increase request for Charter Review Commission.

 

19.  Copy of letter dated 6/27/06 to Cindy Coto, Co. Manager, from Gerald Seeber, City Manager-City of Oviedo, re: Equestrian uses at Shane Kelly Park.  (cc:  BCC)

 

20.  Copy of letter dated 7/5/06 to Maryanne Morse, Clerk of the Circuit Court, from Cynthia Coto, Co. Manager, re: Request for offices for civil family mediations.

 

21.  Memorandum dated 6/30/06 to Co. Manager, Chairman, Program Administrator, Sheriff, Community Services Director (with attachments), from Norman Wolfinger, State Attorney, re: Interim Medical Examiner.  (cc:  BCC)

 

22.  Copy of letter dated 7/3/06 to Alice Gilmartin, Housing Manager-CDBG, from Jan Sidum, Compliance Specialist II-Seltzer Management Group, re:  Close out of review for FY 2002/03, 2003/04, 2004/05.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Community Services Director)

 

23.  Memorandum dated 7/5/06 to BCC (with attachments) from Robert McMillan, Co. Attorney, re: Proposed Charter Amendments.

 

24.  Copy of letter dated 7/7/06 to Frank & Teresa Sherrad from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

25.  Copy of letter dated 7/16/06 to John Saboor, Executive Director-Central Florida Sports Commission, from Cynthia Coto, Co. Manager, re: Score at the Shore.

 

26.  Letter dated 7/11/06 to Chairman (with attachment) from James Stansbury, Regional Planning Administrator-Department of Community Affairs, re: Notice of Intent for Seminole Co. Comprehensive Plan Amendment approved 5/23/06.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning Manager)

 

27.  Notice of public hearing-request for variance for City of Casselberry on July 24, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Manager)

 

28.  Copy of letter dated 7/11/06 to David Johnson, Seminole Co. Property Appraiser (with attachment), from Cathy Collins, Budget Supervisor-Department of Revenue, re: Review of 2006/07 budget.  (cc:  Co. Manager, Deputy Co. Managers, Fiscal Services Director)

 

29.  Letter dated 7/13/06 to BCC from Diane Pickett Culpepper, Bright House, re: Positive Customer Service Ratings.

 

30.  Letter dated 6/30/06 to BCC (with attachment) from John Saboor, Executive Director, and Keith Station, Seminole Co. Sports Marketing Manager-Central Florida Sports Commission, re: Activities in May and June.

 

31.  Letter dated 7/6/06 to BCC from E. Ann McGee, President-Seminole Community College, re: Proceeding with the SCC/UCF joint use facility.  (cc:  Co. Manager, Deputy Co. Managers, Library & Leisure Services Director)

 

32.  Notice and agenda for the 7/19/06 Seminole Co. Port Authority Board meeting.

 

33.  Notice of public hearing to consider a conditional use for the City of Sanford on July 20, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Manager)

 

34.  Copy of letter dated 7/10/06 to Mayor John Bush, City of Winter Springs (with attachment), from Chairman re: Upcoming consideration of the proposed final settlement of Seminole Co. vs. City of Winter Springs. 

 

35.  Copy of letter dated 7/13/06 to Cliff & Elaine Ashley from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

36.  Copy of letters dated 6/26/06 from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donations to the following:  David’s Animal Hospital, Evelyn Wruck, and Brenda Botts.

 

37.  Letter dated 7/19/06 to Chairman (with attachments) from Jimmy Ross re: Charter Review proposed amendments.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

38.  Notice of City of Oviedo Annexations Public Hearing August 7, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Manager)

    

39.  Copy of letter dated 7/17/06 to Christopher Holley, Executive Director-Florida Association of Counties (with attachment), from Diane Rowden, Chairperson-Hernando County Board of County Commissioners, re: Resolution urging Florida Legislature to call a special session to study and enact legislation addressing the housing insurance crisis in Florida.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

40.  Facsimile dated 7/18/06 to BCC from Stan Steven, President-Chuluota Community Association, re: Drainage and areas of flooding in the Chuluota area.  (cc:  Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineering, Stormwater Manager)

 

41.  Letter dated 7/14/06 to Residents (with attachment) from John Litton, City Manager-City of Lake Mary, re: Request for Relief filed by Waterside Development.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

42.  Memorandum dated 7/18/06 to BCC (with attachment) from Donald Fisher, Deputy Co. Manager, re: Strategic Plan-Draft request for proposal.

 

43.  Contract for services, as shown on page ________, between Seminole Co. Government and the following:  Preston Pope (Umpire slow pitch softball) and David Schnelle (Umpire).

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Commissioner Carey thanked the Seminole Soil and Water Conservation District and 30 volunteers who showed up on July 8 to clean over 25 Seminole County retention ponds.  She said this was a great effort and there was a great turn-out. 

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     Commissioner Carey stated a meeting is going on now from 5:00 to 8:00 p.m. at the Sanford Civic Center on the Wekiva Parkway latest alignment alternatives and is sponsored by FDOT.

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     Commissioner Carey stated from 6:00 to 9:00 p.m. tonight in Sanford, the public is invited to participate in a downtown riverfront design workshop, being held for three days at the Sanford City Hall Utility Training Room.

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     Commissioner Carey announced that on July 28, the Wekiva River Basin Commission meeting will be held at the Embassy Suites Hotel in Altamonte Springs, 1:30 p.m.

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     Commissioner Dallari announced an Economic Development Commission meeting tomorrow (July 26) from 5:30 to 7:00 p.m. at the Marriott, Lake Mary, in the Orchid Ballroom.

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     Commissioner Dallari stated he received information from the Palm Valley Mobile Home Park, Oviedo, regarding contaminants in their water system.  The Homeowners Association has tried to contact various State agencies but has not been very successful.  He was given a lab test of a couple people who have actually gotten sick and he would like to provide this to the County Manager so she can direct staff to get to the bottom of this.  The Board had no objections to asking the County Manager to follow up on this.

     Commissioner Van Der Weide left the meeting at this time.

     Commissioner Carey advised she gave similar information to Ms. Sherman that came from Chuluota residents who received notice from their private utility that the percentages were higher than allowable.

     Ms. Coto stated regarding the situation in Chuluota, based upon the standards the State sets for water systems, any time they exceed those limits by a certain degree, they have to send out the notice about the water supply system.  She said she had reviewed the information and although it alarmed the citizens, it is nothing serious.

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     Commissioner Dallari said about a year ago, the Greeneway South PUD on SR 426 was approved and a piece of property there was slated for a fire station.  He knows now that a different location is being looked at on SR 426 and Dean Road, and he would like to see if there is consensus to release the requirement for a fire station on SR 426 in the Greeneway South PUD. 

     Commissioner Morris asked if they could talk about that at the next Commission meeting when they get the report from the Public Safety Director.  Commissioner Dallari concurred, but said he does want to discuss this as he doesn’t see that they need to tie up property if the County is looking at property somewhere else.

     Commissioners Morris and Carey agreed with Commissioner Dallari.  Chairman Henley asked Ms. Coto to make note of this.

     Ms. Coto said she will talk to staff about this.  One of her concerns is since they are getting ready to do the study, one of the things they may evaluate is where to locate fire stations.

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     Commissioner Dallari stated he attended the meeting at the Public Safety Building on the memorial for firefighters.  He said he would like to have staff present something to the Board to get further direction.  At the meeting, there were a lot of questions on funding and size, and before they move any further, the Board should be briefed as a group.

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     Commissioner Morris noted that his daughter, Rachel Morris, age 15, recently won the US National Gymnastics Championship in one of their competitions in Chicago.

     Chairman Henley said he will look into recognizing her for this.

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     Mr. McMillan asked for clarification on the time of the meeting for November 28.  Commissioners Dallari and Carey agreed to begin at 9:30 a.m.  Commissioner Morris suggested having a reception as well.  There were no objections.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:44 p.m., this same date

 

ATTEST: _____________________ Clerk ________________ Chairman

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