BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 26, 2005
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:29 a.m., on Tuesday, July 26, 2005, 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 Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Pastor Jerry Stone, 1st Baptist Church at Sanlando Springs, Altamonte Springs, gave the Invocation.
Commissioner Dick Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
The Chairman advised the presentation on the Central Florida Commuter Rail Transit will be delayed pending arrival of Mr. Gilhooley of FDOT.
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Dr. DeHaven Batchelor, DVM, representing the Animal Control Advisory Board, addressed the Board to give a PowerPoint presentation (copy received & filed) reviewing the SCPals Report on Animal Control. He reviewed the scope of services, i.e., enforcement, rabies control, shelter for homeless animals, adoption services, euthanasia and cremation,
and the spay/neuter rebate program. He discussed the deficiencies in staffing, advising there are an average of 190 customer contacts per day and the last new clerical position was added in 1994. He stated the industry standard is one worker for every 1,000 incoming animals. Currently there are 5 workers that took in 13,514 animals in FY 03/04 and the last new kennel worker position was added in 1989. With regard to field operations, currently there is a ratio of 1 officer for every 57,000 residents. The industry standard is 1 officer for every 15,000 to 17,000 residents. The last new officer position was added in 1995. He displayed a comparison of human population, dog & cat population and animal services staff for the years 1989 and 2004. He reviewed the deficiencies in the shelter facility, advising it was built in 1989 and no major improvements have been done since. He said it has limited sheltering capacity and inadequate ventilation and isolation areas.
Dr. Batchelor continued his presentation by advising the Animal Control Board is recommending that sufficient staffing levels be immediately addressed. The requested new staffing is as follows: Senior Staff Assistant, Animal Services Officer, Team Member, Dispatcher, Associate Technician and Community Outreach Position. He said the increase in staff will allow them to redistribute the workload by increasing the hours of operation, improve the administration of existing programs, and increase adoptions and reduce euthanasia.
Mike Wittmer, Animal Control Manager, addressed the Board to advise the animal control facility is currently open Monday through Friday until 6:00 p.m., and Saturday from 8:00 a.m. to 4:00 p.m. He said if additional staff is approved they could look at opening a half a day on Sunday or extend the weekday hours into the evenings.
Commissioner Morris stated that for the ten years he has been on the Board, he has not seen a request for additional staff or improvements to the facility. He questioned how many of the six additional staff positions is asked for in this upcoming budget.
Mr. Wittmer advised one position for next year. He further advised that the Advisory Board is looking at a new facility under a five-year plan.
Commissioner Morris stated the Board needs to be made aware of the recommendation for a new facility and if it is a five-year plan, it needs to be on the table now.
County Manager, Kevin Grace, advised staff is prepared to present a number of alternatives which will address a lot of the fiscal needs.
Commissioner Morris complimented the Advisory Board and Dr. Batchelor for working with staff and the SCPals on this process.
Commissioner Carey stated she would like to see the additional staff positions in this coming year’s budget.
Chairman Henley complimented Dr. Batchelor and the SCPals on the report, stating the Board will have an opportunity to examine and discuss the budget next week. He said he is hearing a willingness to make immediate improvements in the County’s animal services.
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George Gilhooley, FDOT District Secretary, addressed the Board to give a PowerPoint presentation (copy received & filed) on the Central Florida Commuter Rail Transit. He reviewed the following slides: Phases 1 & 2; proposed stations & service; proposed rail care amenities; travel time; proposed station prototype; proposed station amenities; Seminole County stations; aerial photos of where the proposed stations would be constructed; proposed maintenance facilities and layover areas; gate downtime comparison by type of train; proposed commuter rail implementation; proposed commuter rail cost allocation analysis; proposed County cost timeline; proposed commuter rail operating plan; and preliminary timeline.
Commissioner Carey stated she has been looking at this proposal for many years and she is hopeful with Osceola County’s approval of the funding resolution, Orange County will move forward also. She added that, in her opinion, this is a project that is long overdue; and she expressed appreciation to FDOT for continuing to bring this forward.
Upon inquiry by Commissioner Carey, Mr. Gilhooley advised they are currently negotiating with CSX and hope to wrap up that up by the end of this calendar year. He said they are looking at all aspects (lease or purchase) in their negotiations.
Commissioner Van Der Weide stated without the negotiations with CSX coming to fruition, the commuter rail will go nowhere.
Commissioner Morris thanked Mr. Gilhooley for his presentation. He said he would like to make a conditional approval in the funding resolution that is before the Board today. He further stated he recognizes that the negotiations with CSX have to be handled privately and discretely, but the need of the local community cannot be forgotten when negotiating. He stated that if the local government is going to make a financial commitment on this, they must own the tracks and not lease them because high rail will be a decision that needs to be made in the future. He stated this is a decision to make a transportation corridor and to allow for transportation decisions to be made in the future. He pointed out that the expenditures for Seminole County are the highest per capita.
Mr. Gilhooley stated he is not at a stage in the negotiations to tell the Board how it is going to work out. However, he said he will commit that at a minimum they will have full use of the tracks between certain hours so that the project can operate as intended. Discussion ensued.
Commissioner Morris reiterated he believes it is critical that they own the tracks and if that does not happen, he said he cannot support the funding because he does not believe it is prudent to spend $40 million and not have control of the tracks.
Commissioner Carey stated she agrees with Commissioner Morris that this has to be a commitment of ownership.
Commissioner Dallari also agreed with Commissioner Morris.
Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-126, as shown on page _______, supporting FDOT in their efforts to secure funding necessary for the Commuter Rail System project, with the condition that ownership of the right-of-way and tracks will be by the State and/or local government.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman recessed the meeting at 10:30 a.m., in order to convene the meeting of the U.S. 17-92 CRA Board.
The Chairman reconvened the meeting of the BCC at 10:50 a.m.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Grace advised Item #6, Release of Water & Sewer Capacity for M/I Homes of Orlando for the Riverton Project, and Item #7, Release of Maintenance Bonds for Lake Forest, have been withdrawn from the agenda.
Commissioner Dallari requested Item #29, Interlocal Utility Agreement with SCNOCWWTA, be pulled for a separate vote.
A brief discussion ensued with regard to Item #25, First Amendment to Kids House of Seminole Inc. Subrecipient Agreement.
Motion by Commissioner Carey, seconded by Commissioner Morris to approve and authorize the following:
County Manager
4. Confirm Appointment of John Cirello, Ph.D., P.E. as Environmental Services Director, effective July 28, 2005.
4a. Chairman to execute Conservation Easement, as shown on page _______, in favor of the St. Johns River Water Management District over property generally located in Spring Hammock, subject to the SJRWMD’s approval of the proposed mitigation plan which includes a donation to the Natural Lands Endowment Fund; and authorize the County Manager to execute the documents necessary to complete the process described in this report.
Community Services
5. Approve and authorize Chairman to execute Amendment, as shown on page _______, to extend agreement between Volunteer Florida Foundation, Inc. (Hurricane Relief Funds) and Seminole County until November 30, 2005.
Environmental Services
Business Office
6. Pulled from the agenda request to approve release of Water and Sewer Capacity between Seminole County and M/I Homes of Orlando, LLC for the Riverton project.
7. Pulled from the agenda request to approve Release of two Water and Sewer Maintenance Bonds:
8. Approve Release of Water and Sewer Capacity, as shown on page _______, between Seminole County and Michael Goodman for the Century Plaza Motel project.
Fiscal Services
9. Adoption of appropriate Budget Amendment Resolution #2005-R-123, as shown on page _______, in the amount of $34,602, Public Safety – 11200 Fire Protection Fund. Pursuant to Chapter 192.091, Florida Statutes, the Property Appraiser’s budget is based on the total ad valorem tax levy on the 2003 Seminole County Tax Roll. Taxes collected are higher than anticipated, therefore, this action will appropriate funds necessary through fiscal year-end 2004/2005.
10. BCR #05-25 - $9,000 – Library and Leisure Services/Tourism - Parks and Recreation. Funds were budgeted in Library and Leisure Services, Parks and Recreation Division, for an Amateur Softball Association event. Parks will not be holding the event. Tourism is sponsoring a different Amateur Softball Association event so funds need to be transferred to Tourism for compliance issues with the sponsorship for tracking purposes. Transaction is contingent upon approval of corresponding Tourist Development agenda item.
11. BCR #05-26 - $170,177 – Planning & Development – Community Resources. Funds need to be transferred to proper account lines in order to cover authorized expenditures in FY 04/05 for the SHIP Grant Program.
Purchasing
12. Award CC-1266-05/TLR Contract, as shown on page ________, Environmental Studies Center Water Main to Central Florida Tapping and Construction Services, Longwood ($52,486.00).
13. Approve Change Order #2, as shown on page ________, to CC-1239-04/TLR – Yankee Lake Boundary Fence with Price Construction, Orlando ($56,816.00 + 45 days).
Tourism Development
32. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Central Florida Sports Commission for the 2006 ASA Softball Coed Class “A” Slow Pitch to be held in August 2006 in the amount of $9,000.00.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Discussion ensued with regard to Item #29, Interlocal Utility Construction Agreement with South Seminole & North Orange County Wastewater Transmission Authority (SSNOCWWTA) for the Lake Drive Project Phases I & II.
Commissioner Dallari expressed his concerns with the SSNOCWWTA project on SR 436 and Dean Road. He said he has walked the construction site and has seen many problems (delays, traffic concerns & safety issues). He further said he has not been able to get any answers from the Authority. He stated there have been several deadlines to finish the project and each time those deadlines have not been met. Now, with school starting next week, he is extremely concerned with the bus stop and the children’s safety. He, therefore, requested the Board hold Item #29 until the next meeting so that he can ask the Authority to put a plan in place for the Dean Road project in order that it can be completed safely.
Commissioner Carey pointed out Item #29 is for the Lake Drive Project and has nothing to do with the Dean Road project. She asked Lowery Rockett, SSNOCWWTA Consulting Engineer, to discuss this matter with the Board.
Lowery Rockett addressed the Board to explain the Authority is a government entity formed by a Special Act of the Legislature. He said the Dean Road project has been the most complex project that the Authority has undertaken and their concerns are the same as Commissioner Dallari’s. He advised that on June 28 the last contract extension with the construction company expired and the contractor is currently being assessed $5,000 a day in penalties. At the next Authority meeting, they are planning to present alternatives on how to take some or all of the work away from the contractor so that the work can be completed in a timely fashion.
Upon inquiry by Chairman Henley, Mr. Rockett advised the contractor is MegaSouth out of Davie, Florida.
Commissioner Dallari stated he understands about the delays, but the problem he has is that when he spoke to Mr. Rockett and Steve Miller to ask what the contingency plan was, he received no response. Discussion ensued.
Commissioner Morris stated it appears there are some legal issues with the contractor and suggested that the County Attorney, the Public Works Director and County Engineer assist the Authority in this situation so the project can reach a conclusion.
Commissioner Dallari reiterated his main concern is the public’s safety.
Commissioner Carey questioned if continuing this item will hold up the Lake Drive project. Whereupon, County Engineer, Jerry McCollum, addressed the Board to advise if the continuation is just for one BCC meeting, it will not impact the schedule for Lake Drive.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to continue consideration of the Construction Agreement with South Seminole & North Orange County Wastewater Transmission Authority to facilitate the construction and removal of force main pipes in conjunction with Phases I & II of the Lake Drive Project.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari requested Mr. Grace to have the Public Works Department look at the school bus area on Dean Road to see what it would take to secure it.
Commissioner Morris also requested the Engineering and Legal Departments assist the Authority in handling the contractor problems. Whereupon, Mr. Grace stated he will make contact with the Authority to assist in any way they can.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Dallari to approve and authorize the following:
Property Acquisition
33. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel I.D. No. 16-21-31-5CA-0000-112A, required for the Consumers/Lake Hayes Water Transmission Main improvement project, located in Oviedo, Kathleen R. Yergler, in the amount of $5,750.00, inclusive of attorney’s fees incurred.
34. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel I.D. #28-21-31-302-002G-0000, required for the Consumers/Lake Hayes Water Transmission Main improvement project, located in Oviedo, George Jakubcin, etc., in the amount of $22,420, with no fees or expenses incurred.
35. Adoption of the Fourth Amended Resolution #2005-R-124, as shown on page _______, of Necessity relating to Bunnell Road improvement project (from west of Eden Park Road to West Towne Parkway).
Under discussion, Mr. McMillan distributed Exhibit A (copy received & filed) to be attached to the Resolution of Necessity for Bunnell Road.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the following:
Clerk’s Office
36. Expenditure Approval Lists, as shown on page _______, dated June 12, 20 & 27 & July 5, 2005 and Payroll Approval Lists, as shown on page _______, dated June 2, 16 & 30, 2005.
37. Satisfaction of Judgment/Court Costs for Christopher Detreville, #98-9739-MMA in the amount of $133.
38. Satisfactions of Judgment/Public Defender and Application of Indigency Fee for the following:
France Ellis Koon, #99-113-MMA - $40
Kinta Emanual Simpson, #99-1869-MMA - $40
Alberto Orellana, #99-5365-MMA - $40
39. Approval of Official Minutes dated June 6, 14, & 28, 2005.
40. List, as shown on page _______, of Errors, Insolvencies, Double Assessments & Discounts for 2004.
41. Satisfaction of Lien/Prosecution Costs for William C. Blankenship, #96-0578-CFB - $1,120.71
Sheriff’s Office
42. Approve and authorize Chairman to execute Budget Amendment Resolution #2005-R-125, as shown on page _______, in the amount of $881,790 for the Sheriff’s Office FY 04/05 budget for Child Protective Investigations in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Work Order #4, as shown on page _______, to PS-5113-02, MACTEC.
2. Fine Arts Insurance Policy, as shown on page _______, for the Museum of Seminole County effective February 20, 2005.
3. Term Contract IFB-3115-05, as shown on page _______, with C&W Logistics, Inc.
4. Work Orders #2, #3, and #4, as shown on page _______, to PS-5161-04, Miller Sellen Conner & Walsh.
5. Work Order #36, as shown on page _______, to PS-5130-02, Ardaman & Associates, Inc.
6. Work Order #16, as shown on page _______, to PS-5165-04, PEC, Inc.
7. Work Order #11, as shown on page _______, to PS-5144-03, CPH Engineers, Inc.
8. Work Order #9, as shown on page _______, to RFP-4214-04, Site Secure, Inc.
9. Work Orders #15 and #17, as shown on page _______, to PS-5165-04, Keith and Schnars, P.A.
10. High Risk Insurance Policy, as shown on page _______, for Public Safety effective October 1, 2004 to October 1, 2007.
11. Title Opinion, as shown on page _______, for Markham Forest.
12. Notice of Objection submitted by Attorney Lonnie Groot for the Montclair Community Association, Inc., Larry Kaufmann and James T. West regarding camouflage communication tower on Bear Lake Road.
13. Work Order #1, as shown on page _______, to PS-5172-04, PBS&J.
14. Work Order #3, as shown on page _______, to PS-5174-05, Connect Consulting, Inc.
15. Change Order #1, as shown on page _______, to BD-2117-05, R. B. Marks Construction.
16. Work Order #1, as shown on page _______, to M-485-05, IMS Infrastructure Management Services.
17. Term Contract IFB-3112-05, as shown on page _______, with Graebel Van Lines.
18. Certified Tennis Pro Agreement, as shown on page _______, with Ernest Fink.
19. Non-certified Tennis Pro Agreements, as shown on page _______, with Brian Runda, Brendan Shanley, Ryan Rogers, Jason McKinney, Charrelle Johnson, and Mai-Han Nguyen.
20. Purchase Agreement RFP-4252-05, as shown on page _______, with Mac Trailer Mfg.
21. Master Contract, as shown on page _______, for Group Health Insurance with United Healthcare.
22. First Amendment to RFP-4187-05, as shown on page _______, A1A Cleaning Services, Inc.
23. Recreational Trail Easement, as shown on page _______, dated February 8, 2005 between Newport Colony Apartments Investors, LLC, and Seminole County and Title Insurance Policy No. A81-0182020 regarding the Kewannee Trail.
24. General Warranty Deed, as shown on page _______, dated April 5, 2005 between Macel E. Lee, Dianne Gazil, and Seminole County and Title Insurance Policy No. A81-0182021 regarding Elder Creek/C-15 (Ponds Only).
25. Recorded Satisfaction of Judgment, as shown on page ________, dated November 17, 2003 between Allan Duke, Allison Duke, Oscar Duke, Karlene Duke and Seminole County regarding Douglas Avenue.
26. Notice of Customer Service Hearings from the Florida Public Service Commission regarding Docket No. 050045-EI, Petition for rate increase by Florida Power & Light Company.
27. Follow-up Report No. 053105 of Previous Audit Findings of the Environmental Services Water and Sewer Billing Division from Maryanne Morse, Clerk of Circuit Court.
28. Development Orders, as shown on page _______, for the following: Cesar F. & Margaret L. Baro, 9800 Bear Lake Road; Roxie & John Marshal, 370 E. 5th Street; Michael M. & Debbie A. Kyle, 1307 Megan Way; Jeff Marion, 161 E. 7th Street; Jeff Mann, 5998 S. Sanford Avenue; Teresa Hoes, 116 Valencia Loop; Michelle & Craig James, 3229 Night Breeze Lane; Richard Torres, 1280 Regal Oak Court; Emma Moore, Lot 9, Merritt Street; Glenn & Connie Grossman, 2861 Aloma Lake Run; Daniel Marsden, Lots 7 & 8, Charlotte Street; Daniel Marsden, Lots 9 & 10, Charlotte Street; Daniel Marsden, Lot 6, Fairview Street; Mary L. Mulvie, 462 Devon Place; Michelle Barrett, 448 Mainsail Court; Octavio Osorio, Lot 20, E. Hillcrest Street; Richard Hagen, 481 Forest Court; and Billy J. Mendez & Maria E. Triska, 229 W. Cumberland Circle.
29. Change Order #3, as shown on page _______, to CC-1238-04, The Roofing Connection.
30. Conditional Utility Agreement, as shown on page ________, for Sewer Service with GMRI, Inc.
31. Letter of acceptance, Bill of Sale and Warranty Deed, as shown on page _______, for the project known as Spring Creek with Morrison Homes.
32. Letter of acceptance and Bill of Sale, as shown on page _______, for the project known as Lansdowne with M/I Homes of Orlando, LLC.
33. Satisfaction of Connection Fees, as shown on page ________, for the projects known as Heatherwood, Wilson Park, Fernandez Storage, Isola Retail Center, Seminole Harley Davidson, and Deer Run Villas.
34. Letter of acceptance and Bill of Sale, as shown on page _______, for the project known as Devon Place f/k/a Wilshire Townhomes with The Ryland Group.
35. Work Orders #1, #2 and #3, as shown on page _______, to CC-1262-05, APEC, Inc.
36. Work Orders #39 and #40, as shown on page _______, to CC-1212-03, Corinthian Builders, Inc.
37. Work Order #11, as shown on page _______, to RFP-4123-01, Atlas Scientific Technologies.
38. Excess Liability Policy, as shown on page _______, effective October 1, 2004, as approved by the BCC on September 28, 2004.
39. Second Amendment, as shown on page _______, to Agreement RFP-4140-01 with Coastal Courier, Inc.
40. Work Order #4, as shown on page _______, to PS-5157-04, AVCON, Inc.
41. Work Order #2, as shown on page _______, to PS-5162-04, Metric Engineering, Inc.
42. Agreement RFQ-0190-05, as shown on page _______, with All Fusion Painting, Inc.
43. Work Order #3, as shown on page _______, to PS-5127-02, Florida Planning Group, Inc.
44. Term Contract IFB-3109-05, as shown on page _______, with Workflow.
45. Work Orders #1 and #2, as shown on page _______, to RFP-4241-05, Guardian Equipment, Inc.
46. Work Order #9, as shown on page _______, to PS-5166-04, Bentley Architects & Engineers.
47. Notice and Amended Notice from the Florida Public Service Commission regarding Docket No. 041464-TP, Petition by Sprint-Florida, Incorporated.
48. First Amendment to Term Contract IFB-3096-04, as shown on page _______, Active Lawn Care & Landscaping, Inc.
49. Memorandum to Sandy McCann from Denny Gibbs, Planning and Development, giving status of BCC agenda items.
50. Work Order #61, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.
51. Work Order #4, as shown on page _______, to PS-5174-05, Connect Consulting, Inc.
52. Change Order #1, as shown on page _______, for Work Order #19 to CC-1222-03, Central Florida Environmental Corp.
53. Work Order #2, as shown on page _______, to PS-5153-03, David Wickham & Associates.
54. Change Order #1, as shown on page _______, to CC-1222-03, Schuller Construction, Inc.
55. Title Opinion and Letter of Credit, as shown on page _______, in the amount of $100,000 (wall landscaping) for Lansdowne plat.
56. Private Road Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $49,575.80 for Lansdowne Subdivision.
57. Private Road Maintenance Agreement and Letter of Credit, as shown on page _______, (amended) in the amount of $54,382.44 for Astor Farms, Phase 3.
58. Private Road Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $20,313 for Magnolia Pointe.
59. Cash Maintenance Bond, as shown on page _______, in the amount of $2,216 and Maintenance and Escrow Agreement for Mirror Lake Commercial subdivision.
60. Performance Agreement and Letter of Credit, as shown on page ________, in the amount of $211,259 for Lake Jesup Woods.
61. Maintenance Bond, as shown on page ________, in the amount of $8,780 for Walgreens at Forest Lake.
62. Maintenance Bond, as shown on page _______, in the amount of $23,000 for Sandy Lane Reserve, Phase 2.
63. Maintenance Bond, as shown on page _______, in the amount of $100,063.15 for Mikler Lakes, aka Regency Estates.
64. Private Road Maintenance Bond, as shown on page _______, in the amount of $114,656.59 for Devon Place aka Wilshire Townhomes.
65. Maintenance Bond, as shown on page _______, in the amount of $16,646.32 for Vihlen Road Right-of-Way, Kay’s Landing, Phase 1.
66. Maintenance Bond, as shown on page _______, in the amount of $25,104.95 for Devon Place aka Wilshire Townhomes.
67. Maintenance Bond, as shown on page _______, in the amount $16,406.48 for Spring Creek.
68. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $20,965 for Lansdowne.
69. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $49,000 for Hamilton Place.
70. Amendment #2, as shown on page ________, for Work Order #15 to PS-586-01, S2LI, Inc.
71. Letter to Maryanne Morse, Clerk of the Court, from Andrea Lorenzo-Luaces, City Clerk, Winter Springs, with attached Annexation Ordinance #2005-19.
72. Program Agreement M-496-05, as shown on page _______, with The Institute of Food and Agricultural Sciences, University of Florida.
73. Work Order #18, as shown on page _______, to PS-5165-04, PEC, Inc.
74. Work Order #9, as shown on page _______, to CC-1188-02, One Source Roofing, Inc.
75. Work Order #4, as shown on page _______, to CC-1262-05, Central Florida Environmental Corp.
76. First Amendment, as shown on page _______, to Agreement RFP-4137-01 with The Allen Group.
77. Development Orders, as shown on page _______, for Nations Investments Group, International Parkway Village PUD; and John Roberts, 1515 Dodd Road.
78. Satisfaction of Connection Fees, as shown on page _______, for the projects known as Lake Forest 19, Hawthorne Glen, and Lansdowne.
79. Conditional Utility Agreement, as shown on page ________, for Water and Sewer Service with Colonial Realty Limited Partnership.
80. Assignment of Conditional Utility Agreement, as shown on page _______, for Water and Sewer Service between Pelloni Development Corp. and Heathrow Oaks LLC.
81. Letter of acceptance, as shown on page _______, for the water system within the project known as Mirror Lake Commercial Subdivision.
82. Satisfaction of Connection Fees, as shown on page _______, for the projects known as Regency Estates a/k/a Mikler Lake Subdivision; Stonehurst Phase 2; Lake Forest Sect. 14; and Spring Creek a/k/a Bear Lake Subdivision.
83. Conditional Utility Agreement, as shown on page ________, for Water and Sewer Service with Brent Properties.
84. Conditional Utility Agreement, as shown on page ________, for Water Service with James A. and James M. Hattaway.
85. Assignment of Conditional Utility Agreement, as shown on page _______, for Water and Sewer Service between Merrill & Donna Schrimscher and Longwood-1, LLC.
86. Letters of acceptance, as shown on page _______, of the roads within the projects known as Sandy Lane Reserve, Phase 2, Walgreens at Forest Lake, and Regency Estates a/k/a Mikler Lake Subdivision.
87. Certificate of Final Completion, as shown on page _______, for Work Order #19 to CC-1222-03.
88. Presentation Documents by JMT (Johnson, Mirmiran & Thompson) and Lochner Engineers and Planners for Bids PS-5177-05 received and filed on April 12, 2005.
89. Bids as follows: IFB-3118-05; IFB-3120-05; RFP-4253-05; RFP-4254-05; and PS-5190-05.
REGULAR AGENDA
Suzan Bunn, Tourism Development, addressed the Board to present the agreement with the Central Florida Sports Commission for the 2005 Score at the Shore Soccer Showcase.
Upon inquiry by Commissioner Dallari, County Attorney McMillan explained the memos he and Assistant County Attorney, Ann Colby, sent to Commissioner Dallari.
Commissioner Dallari expressed his concern that on the Score at the Shore Soccer web site that it advertises the event occurring in Orange County and not Seminole.
John Saboor, Central Florida Sports Commission, addressed the Board to advise they have been working with the event organizers and educating them about Seminole County. He said he recognizes the concerns of the Board and they are also looking at the sports Commission’s internal procedures and policies.
Chairman Henley stated he would not be supporting this project if it is not a great benefit to the entire area. He said he would like to see an “after-action” report on this event.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission in the amount of $25,000 for the 2005 Score at the Shore Soccer Showcase.
Under discussion, Commissioner Carey said the Board should see an “after event” report on every event it supports.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Administrative Services, Jamie Croteau, addressed the Board to request direction on the Five Points Complex Master Plan.
Motion by Commissioner Morris, seconded by Commissioner Carey to authorize staff to negotiate, and the Purchasing Manager to execute a Work Order with ZHA Inc., under RFP-4108-00 for the Five Points Master Plan with a not-to-exceed value of $135,000; and to adopt appropriate Budget Amendment Resolution #2005-R-131, as shown on page _______, in the amount of $135,000 for same.
Under discussion, Commissioner Morris stated he wants the Board to be heavily involved in this as this is a Board-driven item.
Upon inquiry by Commissioner Dallari, Ms. Croteau advised a report will come back to the Board in approximately six months.
Commissioner Morris clarified that he wants the consultant to interview the Board members first before starting the study.
Chairman Henley stated the Board probably needs a work session with the consultant prior to beginning work on the study.
Commissioner Carey stated she would like the staff and consultant to advise the Board at the work session of a date certain when the study will be concluded.
Mr. Grace advised this item will be discussed during the Budget work sessions next week.
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Purchasing Manager, Ray Hooper, addressed the Board to request direction with regard to the contract agreement for the Lake Mary Boulevard Pedestrian Overpasses at Country Club Road and Rinehart Road. He reviewed the alternatives and the costs of each.
Commissioner Carey stated that after reviewing the alternatives, she believes a good compromise would be Alternative II, which would save approximately $3,329,000 per bridge.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to select Alternative II for the Lake Mary Boulevard Pedestrian Overpasses at Country Club Road and Rinehart Road under DB-608-04/AJR, with the Design/Build team of Southland Construction Inc. and Dyer, Riddle, Mills & Precourt, Inc.
Under discussion, Commissioner Morris stated this is an opportunity to set a standard and to do this right with quality. He said he believes Alternative II has problems and pointed out this is not an interstate bridge. He added that he supports Alternative I with that level of quality to be put throughout the County.
Commissioner Dallari said he echoes the same statements of Commissioner Morris and supports Alternative I because he believes a higher level of aesthetics is needed in downtown Lake Mary.
County Engineer, Jerry McCollum, advised the City of Lake Mary does support Alternative I.
Commissioner Carey questioned if the City was willing to pay the difference between Alternatives I and II.
Juan Omana, City of Lake Mary Planner, addressed the Board to advise the City Commission did not discuss contributing money to the project.
Commissioner Morris stated the other issue is the maintenance and he questioned if the City would be willing to maintain the roof with Alternative I.
Mr. Omana stated he would have to take this information back to the City Commission and seek their direction.
Commissioner Carey offered to table her motion in order to give the City time to consider if they will pay the difference between Alternative I and II and maintain the roof on the structures.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to table until the next BCC meeting consideration of the Lake Mary Boulevard Pedestrain Overpasses.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman announced that due to time constraints, the following will be continued until the afternoon BCC meeting: Item #46, Eugene Gregory Memorial Park Land Acquisition; Item #47, CSBG Advisory Board Appointment; and Item #48, Proposed Millage Rates.
COUNTY MANAGER’S BRIEFING
The Board continued until this afternoon’s meeting discussion on the Library Expansion.
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The Chairman advised that Item #51, East Rural Area Study will be continued until this afternoon’s meeting; however the Board will take public comment at this time.
Debra Schaffer, representing the Chuluota Community Association, addressed the Board to express her appreciation to the Board for protecting the rural area in the past and said she hopes the Board will continue to protect it in the future. She said she has concerns about the transitional issues in the study and stated they want the historical district protected. She briefly discussed her concerns about Snow Hill Road and said she believes they have lost vision of what the Comp Plan is driving.
Richard Creedon, President of the Geneva Homeowners Association, addressed the Board to express his compliments to the consultant and the planning staff for their work on the study. He stated that in implementing these recommendations, the single source of Geneva’s water supply must be front and center. He also stated that the County must be careful not to create urbanized clutter. He added that he looks forward to working with the community and staff to make sure the area is protected.
PUBLIC HEARINGS
The Chairman advised of a request to continue Item #56, Chase Grove PUD Major Amendment.
The Board voiced no objections to continuing same.
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The Board continued until the second week in August discussion on the migration to Microsoft Exchange/Outlook.
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The Chairman recessed the meeting at 12:00 Noon, reconvening at 1:30 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.
PUBLIC HEARINGS
VACATE AND ABANDON/ANTONIO AND
JOYLYNNE AVILES
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon an unnamed right-of-way within the Slavia Colony Co.’s Subdivision Plat, Antonio & Joylynne Aviles, received and filed.
Denny Gibbs, Development Review, addressed the Board to present the request, stating staff is recommending approval of the resolution to vacate and abandon subject to the conservation easement.
Joylynne Aviles, applicant, addressed the Board to state this plat is directly between two different developments and originally reverted back to their development. She requested the vacate be expedited as quickly as possible because they want to put up their fences.
No one spoke in support or in opposition.
Speaker Request Form for Ms. Aviles was received and filed.
Motion by Commissioner Dallari, seconded by Commissioner Morris, to adopt appropriate Resolution 2005-R-127, as shown on page _______, vacating and abandoning an unnamed right-of-way within the Slavia Colony Co.’s Subdivision Plat; as described in the proof of publication, Antonio & Joylynne Aviles.
Districts 1, 2, 3, 4 and 5 voted AYE.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
DOCK AND BOARDWALK APPROVAL/ROLF BERGMANN
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of construction of a dock and boardwalk structure consisting of 14,425 square feet for the Bergmann residence located at 2521 SR 415 (Rolf Bergmann, owner), G&D Constructors, received and filed.
Wendy Meyer, Natural Resource Officer, Development Review, addressed the Board to present the request, stating staff recommends approval for construction of the dock and boardwalk based on the plans submitted for this location.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Morris, to approve construction of a dock and boardwalk structure consisting of 14,425 square feet for the Bergmann residence located at 2521 SR 415 (Rolf Bergmann, owner), as described in the proof of publication, G&D Constructors.
Districts 1, 2, 3, 4 and 5 voted AYE.
APPEAL BOA/DONALD AND
GEORGANN HARMAN
Proof of publication, as shown on page _______, calling for a public hearing to consider the Appeal of the Board of Adjustment’s decision to deny a special exception for the placement of a mobile home for 10 years at 3740 Bridges Road, Donald & Georgann Harman, received and filed.
Kathy Fall, Senior Planner, addressed the Board to present the request, stating that due to the trend of development in the immediate area of conventional single-family homes airport-related uses, staff cannot support the request for a special exception and is recommending the Board of County Commissioners uphold the Board of Adjustment’s decision to deny the special exception based upon the findings in the staff report.
Georgann Harman, applicant, 313 E. Orange Street, addressed the Board to state that a month before she applied for a mobile home permit, the Board of Adjustment approved one on an acre lot immediately behind her property. She said there are many mobile homes throughout that area within a mile radius of her property. She said it has not been financially feasible for them to put anything on the property. Now, they are prepared to move onto the property. She said she plans to put a very nice double-wide mobile home on the property and plan to keep up the mobile home and property. She stated to build now is astronomical. She said she needs to move to this property as they have closed on the home she was in and is now living in a 27’ travel trailer.
No one spoke in support or in opposition.
Speaker Request Form for Ms. Harman was received and filed.
District Commissioner Carey stated she has been out to the property and the trend of development has been that there is no development in the immediate area. There are a lot of homes that are vacant and a lot of homes that should probably be on the condemned list. She said the site immediately to the side of the subject property was approved by the BOA a month prior to this.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to overturn the Board of Adjustment’s decision, thereby, approving a special exception to allow placement of a mobile home permanently at 3470 Bridges Road; as described in the proof of publication, Donald and Georgann Harman.
Under discussion, Chairman Henley stated the BOA turned down another request for a continuance of a mobile home due to the age of the mobile home, so the BCC does have some issues regarding mobile homes.
Commissioner Carey stated she hopes when the Board amends the Code, they will address where mobile homes are appropriate.
Commissioner Morris said he doesn’t want the Commission to believe this is something that is accepted by all the Board. He said there needs to be a full discussion by the Board. He asked County Attorney Robert McMillan how does it work with the District Commissioner asking for the mobile home to be permanent.
Mr. McMillan stated he thinks the Board is limited to the request, which is for a mobile home for 10 years.
Whereupon, Commissioner Morris said the application was for 10 years. Also, this is not a new mobile home but is already 10 years old. Mobile homes are not built to last 50 or 100 years, and that is another issue. He said he understands what the BOA did when they turned this request down and he also understands the adjacent mobile home owner. He said the District Commissioner might want to modify her motion to the 10 year request.
Chairman Henley explained that according to Attorney McMillan, the Board has to deal with what was publicly advertised, which is for 10 years.
Commissioner Carey amended her motion to approve the mobile home for 10 years. Commissioner Van Der Weide seconded the amended motion.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
OVIEDO MARKETPLACE DRI/CAREY HAYO,
GLATTING JACKSON
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of the Oviedo Marketplace Development of Regional Impact Notice of Proposed Change, Substantial Deviation Determination, and Addendum #3 to the PUD Final Master Plan and Developer’s Commitment Agreement, property generally located at the SR 417 and Red Bug Lake Road Interchange, along Red Bug Lake Road and west of SR 417, Carey Hayo, Glatting Jackson, received and filed.
Tony Matthews, Principal Planner, addressed the Board to present the request, stating staff recommends approval of the First Amendment to the Third Amended and Restated Substantial Deviation Development Order for the Oviedo Marketplace Development of Regional Impact (DRI) with the finding that the DRI Notice of Proposed Change is not a substantial deviation and that no additional DRI review is required; and approval of Addendum #3 to the 1988 Oviedo Marketplace PUD Final Master Plan and Developer’s Commitment Agreement, with staff findings.
Mr. Matthews advised the Land Planning Agency unanimously recommended approval. He also advised that there is no increase in intensity or densities with this approval.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Morris, to approve the First Amendment to the Third Amended and Restated Substantial Deviation Development Order, as shown on page _______, for the Oviedo Marketplace Development of Regional Impact (DRI) with the finding that the DRI Notice of Proposed Change is not a substantial deviation and that no additional DRI review is required; and approval of Addendum #3, as shown on page _______, to the 1988 Oviedo Marketplace PUD Final Master Plan and Developer’s Commitment Agreement; property generally located at the SR 417 and Red Bug Lake Road Interchange, along Red Bug Lake Road and west of SR 417, with staff findings; as described in the proof of publication, Carey Hayo, Glatting Jackson.
Under discussion, Commissioner Dallari questioned Mr. Matthews about the mall having very limited signage. Mr. Matthews stated he suggested a meeting with staff to talk about amending the PUD to add additional signage.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHASE GROVES PUD
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Major PUD Amendment, Final Master Plan Approval, and DRI Notice of Proposed Change (NOPC) on approximately 5.4 acres located at the northeast corner of Casa Verde Boulevard and Old Lake Mary Road, Tom Daly, received and filed.
Copy of letter to Commissioner Carey from Gifford Anglim, Daly Design Group, on behalf of Centex Homes, requesting a continuance to August 9, 2005, was received and filed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue to August 9, 2005, the request for approval of a Major PUD Amendment, Final Master Plan Approval, and DRI Notice of Proposed Change (NOPC) on approximately 5.4 acres located at the northeast corner of Casa Verde Boulevard and Old Lake Mary Road, Chase Groves PUD; as described in the proof of publication, Tom Daly.
No one spoke in support or in opposition.
Districts 1, 2, 3, 4 and 5 voted AYE.
LAKE CHARM LANDING REZONE/HUGH HARLING
Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an ordinance rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling District) a 38.54 acre site located on the east side of North Division street, 0.9 miles north of Geneva Drive, Lake Charm Landing, Hugh Harling, received and filed.
Jeff Hopper, Senior Planner, addressed the Board to present the request, stating the required lot compatibility analysis performed by staff indicates R-1AAA at a minimum lot size of 13,500 square feet as the zoning district most compatible with the existing adjacent properties in the area. He reviewed recommended conditions if the Board wishes to consider R-1A zoning. Mr. Hopper stated the Planning & Zoning Commission voted to recommend R-1A on the site with a minimum size of 13,000 square feet for the lots adjacent to the south property line. Staff is recommending R-1AAA as calculated by the lot compatibility analysis.
Hugh Harling, applicant, addressed the Board to state the drainage concerns that the residents gave at the P&Z meeting earlier this month. He displayed a USGS map (received and filed) and described the flow of drainage. He showed a diagram (received and filed) with an interceptor swale on the subject property so that any water coming from the area residents would continue to do so. He described how the drainage system would work. He advised of agreements by the applicant and identified the areas on the map for a 25’ buffer; 13,000 square foot lots; 30’ landscaped buffer; additional 20’ of right-of-way on North Division Street; 100’ buffer; 210’ buffer; tot lot; and youth active recreation area adjacent to the tot lot. He explained this will be a gated subdivision with the entrance off of Lake Charm Drive. He identified four lots that will access onto Division Street to be retained by the seller of the property for his children’s and his use. He provided the Board with a colored version (received and filed) of the layout (preliminary subdivision plan). He showed a lot size table (received and filed) with the average size a little over 10,000 square feet. He said the traffic count will show that smaller lots and smaller houses will have less vehicle trips than larger houses. He showed an aerial view (received and filed) of Mead Manor and stated he is putting the larger lots adjacent to the larger lots in this subdivision to the south. Inside that subdivision are mixed lots also. He showed the property value analysis (received and filed) and said the existing single-family home is selling for $417,000 and the proposed homes will be a minimum 2,200 square feet selling in the range of $450,000. He said staff has requested that gaps along the south boundary be filled with additional plantings and they have agreed to use native type trees for filling those gaps. He advised in their final site plan, they will make every endeavor to save the cluster of trees shown. He showed the vicinity of two historic oaks and said they will save those trees. He explained in order to save the trees, they will use an underdrain system to control the water so that the base is protected, public works facilities and all the public facilities will be protected. They will also put in water, sewer, a lift station, and a reuse system that will recycle the retention water for irrigation. When reuse water comes available, that will be disconnected and connection made to the reuse system.
Upon inquiry by Commissioner Carey, Mr. Harling said the site plan has 88 lots plus the four for the seller.
Commissioner Morris discussed the following voluntary commitments by the applicant: saving the tree line in the 25’ buffer on the south end of the property; a 30’ buffer on the eastern side of a wall or wrought iron fence and landscaping; minimum 100’ buffer on the north side; and commitments for opacity.
Commissioner Morris said the tot lot is of diminutive size and that might be an area the Board would want to address. Whereupon, Mr. Harling said if there is some alternative design the BCC wishes them to address, they will look at that. He said he does not feel a club house and pool is appropriate because of the value of the homes.
Upon inquiry by Chairman Henley, Mr. Harling stated there is a County requirement and he would have a five-foot sidewalk along Lake Charm Drive for the entire length of their development. He advised they would resurface the road adjacent to the property for the entire length of their property.
Chairman Henley advised a Petition, as shown on page _______, from Twin Oaks in support of the project was submitted to the Record.
Ed Harms, 1281 N. Division St., addressed the Board to state he will allow Cindy Johnson to speak for all of them in the community.
Cindy Johnson, 1021 N. Division St., addressed the Board to state she faxed the petition in support of the project and said all the residents (14 homes) that directly face this property are in support of the project. She said she has met with the developer and they went through all the plans and considerations of what the residents want to see on this property. The Homeowners Association and neighbors directly in front are in support of the development.
Chairman Henley advised of written comments in opposition received from: Roger Patenande, Albert Myers, Adicks Richard, and Aaron Bythwood.
Lynn Realander, 1485 Twin Oaks Circle, addressed the Board to state their concern is that her back yard is soggy now and it has not rained for about a week. The only time in the course of a year when it is not soggy is in the winter time. Her yard is like a sponge. She said her front yard has a septic tank and it continually drains onto the sidewalk. She asked what can the developer do to prevent any more development on the low lands that can help them. She thinks the property for the project is a little higher than their property and they don’t know what the new development will do to them.
Hal Forman, 370 Palmetto Street, addressed the Board to state the land in question is lower than the surrounding subdivision and their land drains into the lower land and remains flooded for weeks after wet weather. The drainfield helps to resupply the aquifer. He is afraid the effects will be negated if the land is virtually covered from the concrete of large homes on small lots. He said if the engineer is going to have to bring in some fill to raise these homes, he is afraid this is going to cut off drainage from their neighborhood. He asked if they have drainage issues, to whom do they turn. Is the County or developer willing to indemnify them against drainage costs? He said this piece of land was considered undesirable for development ever since the first settlers appeared on Lake Charm over 100 years ago because it consists of wetlands and areas bordering on wetlands. He urged the Board to deny the applicant’s request for an increase in zoning density.
Keith Lay, 292 Palmetto Street, addressed the Board to state he would like the Board to reconsider the rezoning. He said this is a lovely neighborhood and is nicely planned, but it seems to be in the wrong place. He quoted from the Vision 20/20 Plan about strategies for better intergovernmental coordination. He said his big concern is that there is really no transition at all. This is going to low density to high density and then to a very low density. He asked, if possible, that the Board wait until something is written to understand guidelines for transitional zoning. He said he understands that this will be taken up for annexation by the City of Oviedo within a week. The decisions made by the BCC will be absorbed financially by the City.
Bill Poleschuk, 349 Palmetto Street, addressed the Board to state when you add this many new homes into a very concise surrounding area, it invariably impacts what is going to happen to the traffic. He noted that about 880 trips a day would be coming out of this neighborhood and within a quarter of a mile of this entrance is Lake Charm Country Estates. That represents 480 additional daily vehicle trips per day. They have also learned that to the north of this property will be further development. This is potentially 2,000 new vehicle trips per day. He said there would be no entrance or exit to this development off Division Street, so the primary travel artery would be Lake Charm Drive. Going north on Lake Charm Drive is Florida Avenue, that is a canopy roadway and cannot be widened or sidewalks put in. Going south on Lake Charm Drive to SR 426, you come to the Oviedo traffic problem. To avoid that congestion, he is expecting there would be significant cut-through traffic on Palmetto and Mead Streets. He said there are no sidewalks in these areas. He said his concern is how are they going to protect their streets from this kind of significant increase in traffic. He stated they are all giving their opinions about the traffic. His point is that there have been no official traffic studies done. He asked the Board to insist there be a traffic study done and do not allow any zoning to take place until that is finalized.
Patti Maerz, 331 Palmetto Street, passed on speaking to avoid repetition, but said she was opposed to the project.
Leslie Dubow, 311 Palmetto Street, addressed the Board to state she is opposed and her concerns are for traffic and infrastructure--overcrowded schools, sewage and drainage. Also, she is concerned the property is adjacent to the rural zone. She said logic tells her that R-1A zoning is not a transitional area between R-1AAA or R-1AAAA. She said she supports what the other homeowners have said.
Allan Jackson, 291 Palmetto Street, representing his family and neighbors, addressed the Board to state he is opposed to the rezoning without a proper assessment of the capacity of the area to handle drainage, traffic, utilities and density. He discussed the traffic issue and said going through Oviedo Oaks is not designed for that, and he would like to see some treatment of that. He said none of the subdivisions have sidewalks. They also don’t have confidence that the drainage issues have been properly developed. He said he would like to see a third party review by a skilled, impartial engineer. They don’t think there has been enough public involvement. He said they do support the rezoning of the property to something that is more comparable. They don’t think the solutions proposed are adequate yet. They would like to get those issues resolved before moving ahead. He requested the Board oppose the proposed rezoning or at least approve something less contentious as one house per acre.
Cathy Stevens, 375 Valencia Circle, addressed the Board to state her degree is in civil engineering and she has worked for the US government in Texas and California on environmental land use and zoning issues. She said in the Seminole County Soils Survey, four types of soil are mapped in this area. She reported that under recommendations for use, in the natural state, the soils in this map unit are not suited for home sites. The main limitations are ponding and seepage. The soil is poorly suited to use for building sites. The main limitations are wetness, ponding, and shrinking and swelling potential. The effects of the shrinking and swelling of this soil is a continuous hazard. She said that explains why they are so concerned about the flooding they witness on the property. Fill and artificial drainage will impact neighboring properties and wetlands. One house per acre would have less fill impact and provides a more natural absorption of rain water. That will also provide more resiliency for any design flaws or perc failures. She said this is a reason to deny the rezone request. She said they need a traffic study with actual counters to assess the cut-through traffic in the area. To this data, they can add the impact study numbers of new subdivisions and then determine if the current rates are sufficient to handle area traffic. One house per acre would help prevent more traffic difficulties in the area until such a study can be completed. She showed a picture (received and filed) of her lot and lot size that would be at the north end of the development. She stated this is a reason to deny the rezone request. She said this does not appear to be a transitional mode, but it appears to be less. If they went with one acre, they would be maintaining a transitional flow to the boundary. She said that three sides along the property have larger lot sizes than R-1A. She stated as the City of Oviedo will provide all services to this land and will likely annex the property to provide those services, it is appropriate that the developer seek annexation to Oviedo now rather than through the pre-annexation plan. Annexation prior to a County rezone would allow the City to have appropriate input on the zoning and development plan. This is another reason to deny the rezone request. She said building at one home per acre will demonstrate the County’s commitment to control growth, the rural boundary and preservation of the wetlands. She advised over 250 constituents have signed a Petition, as shown on page _______, asking for the Board’s consideration.
Tom Trippy, 2350 Florida Avenue, addressed the Board to state Florida Avenue is a cut-through mainly for traffic coming around Oviedo. It is a rural road and passing is not allowed, and the speed limit is 45 mph. He said neither of these is observed during the rush hours in the mornings and evenings. He said the road is already burdened with traffic during those periods of time. Most of the traffic is not going to exit south on Lake Charm, but will exit north onto Florida Avenue. He thinks the whole effect of this development is going to snowball and he urged the Board to vote against it.
Gracia M. Smith, 3250 Stone Street, addressed the Board to state she is against the request and will let Jim Logue speak for her.
Marsha Polcorny, 1270 Stone Street, addressed the Board to state this Board put a lot of time and effort into establishing and protecting the rural area, and they have done all this because the rural area is important. Along with protection of the rural area, everyone talks about compatibility, zoning, and transition. She said these words are also important because they determine how adjacent lands are used and developed and yet neither the existing Land Use Code or the Comp Plan includes language that defines and creates provisions for transitional zoning. Because these concepts are not defined or outlined in the codes, when staff attempts to determine to allow their zoning and densities, these things were left out of the equation. They have to base their recommendation on the existing code. So if these things are missing, the basis for the recommendation is flawed. She said this property is the perfect time and place to establish precedence for what will happen in the lands leading up to the boundary. They need to take the time to be sure that the development is as responsible as it should. She said transition within the boundary is not transition, but encroachment. Allowing such encroachment to continue to occur is eating away at the spirit and the reasons for establishing the rural boundary in the beginning. Transition takes into consideration the surrounding properties, their use, inhabitants, and conditions of the land being developed. Because these issues have not been completely addressed, this development request should be tabled until adequate language can be added to the land use code and appropriate steps can be taken to determine the impact of development on the rural area.
William Daniel, 2075 Palm Avenue, addressed the Board to state this site is a seepage slope. It is always going to be wet. When you put 87 to 90 plus houses on this property, it is going to go into the wetlands. When you add more and more there, eventually it is going to get to the lake. He said he doesn’t think this should be more than one house per three acres, and he thinks this should be a transitional zone. He talked about the area streets that have been closed, and said he thinks some serious traffic studies should be addressed.
Albert A. Myers, 656 Lake Charm Drive, addressed the Board to state he has the same concerns as the others who voiced their concerns about the water. He said the area was called a hammock because it’s low, susceptible to water, muck, peat and so forth. It’s a natural place for wildlife and birds, etc. He agrees if 88 houses are put on 38 acres, that is going to really cause a trend to develop that will go beyond to the wetland, and he is very concerned about that. He asked if the zoning is changed from agricultural to high density residential, he wants to know about the ingress and egress. He said there is only one ingress and egress in the entire subdivision, which is Lake Charm Drive. He asked if this is approved, could there be another ingress/egress somewhere else, like Artesia Street. He pointed to a section of the road on the map that has been vacated and asked why could it not be reopened and paved to allow ingress/egress onto Artesia Street to go into Division Street. That would alleviate a lot of the traffic on Lake Charm Drive. He said that would equalize the situation.
Alfred Van Swearingen, 3155 Stone Street, addressed the Board to state there needs to be a transitional area and he thinks one acre or three acres makes a lot more sense than four or five houses per acre.
Steve Wade, 1050 Panther Street, addressed the Board to state going south on Lake Charm towards SR 426, there are four stop signs because the traffic goes through there pretty quickly and there are a number of intersections with no sidewalks. He said this is a very narrow and meandering road. Going the other way, which is the most likely ingress/egress to the property, is Florida Avenue. This is a canopy road and is a favorite cut-through because of the enormous congestion ongoing in downtown Oviedo. He thinks that is the way the traffic is going to go. He said the road can’t be widened easily to go south and everyone is going to go north and in that direction, the road is in a very bad state of disrepair. He described a pothole that opens up every six months. He said the roads are not built to take that kind of traffic. Generally, this seems to be a bad idea. This has got to be done in a way that makes sense for the whole community.
Jim Logue, 3205 Elm Street, President of the Black Hammock Association, addressed the Board to state the Board has the support of most of the people who live in Seminole County to protect the rural area. The rural area doesn’t mean just a line. He said a transitional area is worth thinking about. He thinks it should start on both sides of the line. He asked if they don’t start with this project, where do they start. He said he would like to see three acre lots on this property. He said one project after another is going to this area and if the Board or the City and all involved doesn’t stop and say this is the time to stop and do this, it won’t happen. He said this is the County’s and cities of Oviedo and Winter Springs’ problem. He said he would like to see them start by defining what the transitional area is and do that before there is nothing left to transition. He said this property is the head water for the creek Mr. Swearingen talked about. He said it’s not really a creek defined. If this is the head water, the subject property and all the other down stream from it is going to be flooded from what doesn’t soak into the ground from the subdivision.
Chairman Henley advised a Written Comment Form from Peggy Powell in opposition was received and filed.
Mr. Harling gave rebuttal comments on the canal, traffic, percolation of the area; density, and Artesia Avenue as a secondary entrance.
Upon inquiry by Commissioner Morris, Mr. Harling said he had reviewed the 11 recommendations (copy received and filed) as drafted by staff. He said these commitments were voluntarily submitted by the applicant. Commissioner Morris reviewed Item #11 and confirmed with Mr. Harling that he has agreed to opacity along the wrought iron fence and within one year it would be 100% opacity. Whereupon, Commissioner Morris directed staff to add this to Item #11.
Upon inquiry by Commissioner Morris of Item #1, Mr. Harling agreed to commence the planting of the 100-foot natural buffer at the time of site planning instead of doing that at the end to preserve the buffer as they do the work.
Commissioner Van Der Weide left the meeting room at this time.
Commissioner Morris discussed with Mr. Harling the square footage for the tot lot and youth recreation areas (Item #10). He clarified that Mr. Harling is trying to obtain something greater than two, 50’ x 50’ areas if he can, depending on the math of the retention pond area. This could be worded, “not less than” to allow room to work.
Commissioner Carey stated she doesn’t think 2,500 square feet is very much room for a tot lot and not much room for a teen activity.
Commissioner Van Der Weide returned to the meeting room at this time.
During discussion, Mr. Harling said they will make available 14,000 square feet for an active recreation area.
Commissioner Morris discussed the rural boundary/rural area and transitional zoning. He explained that this is R-1A zoning and the Oviedo code does not have a buffer requirement. He said the rural line is there that they don’t want commercial or high density residential. He stated this is low density residential. He said the idea of a buffer or transition zone to him is that you don’t put commercial or high density residential, but you transition to a neighborhood-type setting. This is what they have done, and the applicant has voluntarily done. He said with the 100’ natural buffer running across the entire rural urban boundary, they will be blocking the subdivision. He said it doesn’t get better than this. He thinks this is setting a model development. If this went through the City of Oviedo, this would have never happened.
Upon inquiry by Commissioner Carey, Matt West stated he has not had any comments from the City of Oviedo regarding this project.
County Attorney Robert McMillan responded to Commissioner Carey that a zoning agreement runs with the land when it is annexed into a city until the city changes it. The city then has jurisdiction over the property and can do whatever under its land use and zoning regulations.
Commissioner Carey also questioned if the traffic impact fees would be paid to the County or City. County Attorney McMillan advised the impact fees are paid on County arterial and collector roads and will come to the County.
Commissioner Carey stated she would like recommended Item #1 to indicate that on the northwest boundary, this is in excess of 200 feet.
Whereupon, Commissioner Morris asked Mr. Harling to use the black and white site plan map as an exhibit to the development order under Item #1 and to allow staff to perfect the language to reflect it extends; that beyond the 200 feet shall not be less than the northwest corner then get down to 100 feet.
Mr. Harling agreed to this change and said he believes the verbiage would be minimum of 100 feet and average 150 feet all the way across. He explained this is the verbiage the St. Johns Water Management District uses in some of their buffers.
Commissioner Carey asked if there was some reason why there could not be an access on the back for the residents only on Division Street.
Chris Dorworth addressed the Board to answer there was some previous discussion about this but the concurrence was that the road was so narrow that it is not wide enough to handle through traffic.
Further discussion ensued with Mr. Harling, Commissioners Carey, Morris, and Dallari. Commissioner Carey concluded she believes Division Street is a public road and even though it is substandard, there is no reason why there could not be an access to it.
Commissioner Van Der Weide said he thinks the changes that Commissioner Morris have recommended go quite a ways. He would like to see another access point and if it is a dedicated, public street, that will mean losing one lot out of 88 if the access can’t be on Division Street. He thinks this is a large number of lots to have only one access point.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Motion by Commissioner Morris, seconded by Commissioner Carey, with the understanding of today’s discussion and revised staff recommendations 1 through 11, as revised today by the voluntary submittal by the applicant, to enact an Ordinance #2005-32, as shown on page _______, approving rezoning to R-1A (Single Family Dwelling District) for a 38.54-acre site located on the east side of North Division Street, 0.9 miles north of Geneva Drive, subject to the Development Order, as shown on page _______; and any other recommendations not covered in the 11 points; as described in the proof of publication, Hugh Harling, with staff to suggest to the City of Oviedo that they review the public safety emergency access on the back of the development.
Under discussion, the Board discussed clarified language for recommended Items #1 and #10, and voluntary commitments by the applicant for water and sewer and sidewalks.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
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Chairman Henley recessed the meeting at 4:00 p.m. and reconvened it at 4:10 p.m.
REGULAR AGENDA, Continued
Suzy Goldman, Library & Leisure Services Director, addressed the Board to request direction regarding purchasing the 20 acre site (originally designated to be donated) located on Lake Harney for the Eugene Gregory Memorial Park.
Chairman Henley stated he personally is not comfortable dealing with this latest offer and will not be supporting it
Commissioner Morris said he believes when you say no to something, there should be an alternative. The alternative he would like the Board to consider would be a memorial tribute park in a higher population area that the citizens can actually see. He said a master plan review is being done of the Five Points area and additional land is being acquired in that area and an acre could be set aside and with this money being spent to have a true marble tribute, a place of reflection where people can walk out of the courthouse, or law enforcement officers working there and those at the public safety building and citizens know this is there and they can profile it on Highway 17-92. He would rather see them spend the appropriate amount of money to bring dignity to these fallen officers. This is what he would prefer.
Chairman Henley said he agrees. He said he spent an evening on the computer recently going to various web sites in numerous states to look at the types of memorials they have and there are some very impressive ones that should fit in very well with the complex the County has. He thinks this should be not only for law enforcement officers but for other public safety people who put their life at risk. He feels this would be much more visible at this location and get more attention.
Commissioner Van Der Weide stated they all know this is not what the original deal was and that always bothers him when the deal or offers start changing in midstream. He asked Ms. Goldman what is the status of what’s now on the property. He said he has to side with the other Commissioners that they can do a much nicer memorial and be much more visible to the citizens. It makes sense to him to go in that direction.
Chairman Henley said with the water over the beach and the road gets under water, this would be a continuing concern and expense for the County.
Commissioner Morris said he believes Mullet Lake Park entranceway and some others are in the area where they could do some tribute to Mr. Gregory’s work in that area that would bring some dignity in the area. That’s one suggestion he would be happy to work on, and he could work with District Commissioner Carey on this to come up with some kind of tribute on available County land.
Commissioner Van Der Weide suggested that perhaps a substation in the area could be worked out.
Commissioner Dallari applauded the Deputy Sheriff Todd Moderson for the amount of time and effort he put into this project. He asked what happens to the money raised if the project does not go forward. The Deputy Sheriff stated he would have to meet with his administration and work out the details on that and probably send letters to those who sent in monies.
Chairman Henley said he thinks Commissioner Morris had a good suggestion for some type recognition in the form of a monument or if the County ever built a substation in the area, it could be named after Mr. Gregory in memory of the efforts he made.
Commissioner Dallari said he is wondering if it’s possible to ask those who donated money to use it for another avenue in memory of Mr. Gregory.
Commissioner Morris asked the Deputy Sheriff if he could give the two District Commissioners more time to look at other alternatives to actualize at least part of his dream.
Commissioner Van Der Weide said whatever they decide to do, they need to do it.
Chairman Henley advised the consensus of the Board is to put the park on hold and explore other ways to appropriately recognize not only Officer Gregory but other fallen officers as well. Commissioner Morris added and see if he and District Commissioner Carey can come back with some other alternatives in the area.
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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to nominate Bonnie Davis to serve on the CSBG Advisory Board as a private sector member.
Commissioner Carey nominated Veronica Anderson for consideration to serve on the CSBG Advisory Board as a private sector member.
The vote was taken on the first nomination with Districts 1, 2 and 3 voted AYE.
Commissioners Henley and Carey voted NAY.
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Lisa Spriggs, Fiscal Services Director, addressed the Board present request to set the proposed millage rates to be provided to the Property Appraiser’s Office for use in the TRIM notifications.
Mr. Grace explained this sets the maximum rate.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to set the tentative proposed millage rates at the recommended level as enunciated in the County Manager’s budget for FY 2005/06 as follows: Countywide at 4.9989; Unincorporated Roads MSTU at .1228; Fire MSTU at 2.6334; Natural Lands Voted Debt Service at .0770 (capped at .25); and Trails Development Voted Debt Service at .1271 (capped at .25); and authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final operating and capital budget for FY 2005/2006 for the respective dates of September 14, 2005 at 7:00 p.m. and September 27, 2005 at 7:00 p.m.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING, Continued
Chairman Henley advised that the Board took action this morning to bring back Item #49, Migration to Microsoft Exchange/Outlook, in August.
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Ms. Goldman gave an update on the public library system expansion, as outlined in the Agenda Memorandum.
Chairman Henley said he thinks the Board should go with the telephone survey and with the same individual who did the survey for the one cent sales tax, (Bruce Barslow (phonetic) of Jacksonville). He suggested going ahead to contact that firm and move forward with the survey.
Commissioner Morris said he would go along with that. He suggested keeping in mind they should have some type of agreement on the format of what they are ultimately going to do. Discussion ensued.
Commissioner Dallari said he is in favor of expanding the libraries.
Chairman Henley stated it is his hope that the survey would tell what type services the public want and what they are willing to support. He said the Board needs some feel of what the public wants them to do.
Commissioner Carey said she is also in support of doing some expansion to the libraries as well.
Commissioner Van Der Weide said they are all supporting library expansion and his theory has always been that whatever they do, he wants to do it right. He doesn’t want to give the public something they don’t want.
Motion by Commissioner Morris, seconded by Commissioner Dallari, to authorize the County Manager to contact and negotiate a contract with Mr. Barslow and bring the contract agreement back to the Board.
Under discussion, the motion was amended to include waiving standard bid procedures for this contract.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Under discussion of the library impact fee, Mr. Grace stated if the Board wants to look at including building costs in the impact fee, they might want to hold on taking action until they have a plan and then fold that into the impact fee study.
Mr. McMillan clarified that if the Board increases the level of service from one to two books per capita, the Board can charge the growth factor, but they have to fund bringing all the rest of the current population up to that standard from some other revenue source. Therefore, it could cost more to make up the deficit than they would recover from the impact fee.
Mr. Grace suggested keeping the money in the budget and wait until they decide what they will move forward with on library expansion.
The Board discussed the cities’ response to the letter from the Chairman on locating a library within the city.
Ms. Goldman advised some of the cities have asked for a presentation regarding the need for library expansion.
Commissioner Dallari said he thinks it’s better to get a plan together before updating the cities on what they are doing. He thinks staff needs to inform the cities that the County is going out for a survey and after that, the Board will determine what they will do.
Commissioner Carey questioned the time frame for the survey. Mr. Grace said he understands they want to do it as quickly as possible.
Whereupon, Chairman Henley said to send the Board a memorandum on where he is in negotiations and do not wait until the next Board meeting.
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Cathleen Consoli, Senior Planner, addressed the Board to present the East Rural Area Study briefing and request direction on the implementation of the recommendations and strategies in the East Rural Area Study. Copy of the booklet, “Seminole County East Rural Land Study, Framework of Recommendations Guidebook,” was received and filed.
Commissioner Morris noted that the consultant was not present at this time for the East Rural Area Study Briefing, though she had been earlier, and there may be some major discussions regarding this issue. He said it might be better to hold this briefing until the consultant can be here.
Chairman Henley said he would like the staff, in the meantime, to plan to address some of the issues raised during the public comment section earlier today.
Commissioner Dallari commented that Senior Planner Cathleen Consoli will be leaving the County soon. Ms. Consoli said she would not be with the County for the next Board meeting.
Chairman Henley concluded they will delay this East Rural Area Study until some future date when the consultant can be present.
Mr. Grace said he would try to schedule the briefing for the next meeting.
Commissioner Dallari thanked Ms. Consoli for all her help and efforts, and the staff who did a wonderful job, and expressed to her good luck in her future endeavors.
Commissioner Morris expressed also that Ms. Consoli has been a great asset to the County and he was sorry to see her go.
CHAIRMAN’S REPORT
Chairman Henley reported at the City/County Joint Meeting, Commissioner Morris accepted the appointment of Chairman. One item acted on was a motion to forward to the County Commission the proposed draft of an ordinance (relating to sexual offenders and sexual predators) with direction to continue to work on it. He distributed copies of the ordinance (copy received and filed) to the Board. Any changes are to be worked out among the Sheriff and his staff and the County Attorney. Chairman Henley also distributed a copy of the map (copy received and filed) that was distributed at the meeting on discussion of impact of the 1,000 foot buffer. The motion was to ask the County to move forward post haste with the adoption of a countywide sexual predator ordinance.
Upon inquiry by Commissioner Morris, Mr. McMillan said his office has already been in contact with the Sheriff’s Office and he hopes to have a report to the Board by the next Board meeting.
Commissioner Morris remarked that a State solution is ultimately needed. If the County does adopt the ordinance, he thinks they immediately need to forward it to the Speaker, Legislation Delegation and Governor to see if they can get some sponsorship on statewide action in the Legislature.
Commissioner Dallari asked if staff could review the trails system depicted on the map because there are some new trails coming on line that are not shown.
Chairman Henley stated it was discussed that would be a moving target and as adopted, the trails would have to be added in. Also, there was discussion of some areas not specified, like the YMCA.
Chairman Henley said this will be put on the agenda as soon as the Sheriff and County Attorney are finished and satisfied the ordinance is something defensible.
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Chairman Henley reviewed the method the Board has used in the past for the County Manager’s and County Attorney’s evaluations. He explained the Board does not have a formalized procedure. He thinks that is something that needs to be dealt with. He recommended a 5% increase in compensation for County Attorney Robert McMillan with the understanding and agreement there will be no raise coming forward next year. This is in the two-year budget.
Commissioner Carey said she is not in favor of the 5% increase. She explained she was on vacation last week and would like to have the opportunity talk to Mr. McMillan about the information she was handed this morning to try to be fair to him.
Chairman Henley discussed the purpose for evaluations.
Commissioner Van Der Weide stated the new commissioners need to be made aware that the Chairman only makes a recommendation on both the County Attorney and County Manager. What Chairman Henley is doing is following what has been done in the past, and there have been times that his recommendation was adjusted up.
Commissioner Carey stated that is a past practice and an evaluation does not mean anything to her other than an evaluation and it does not mean a raise. She said she doesn’t agree with across-the-board raises and some employees don’t deserve to be working for the County. She said she would like to have an evaluation process.
Chairman Henley said he will recommend they have a formal evaluation instrument. Every individual deserves to know on what he/she is going to be evaluated.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to support the Chairman’s recommendation for a 5% increase in compensation to Mr. McMillan.
Under discussion, Commissioner Morris said clearly, the Board would agree if an individual commissioner is asking for another two weeks. He said he has no problem holding off for two weeks. He suggested not implementing a new process now.
Commissioner Dallari said he thinks ICMA has a couple of excellent tools for evaluating the County Manager and County Attorney. Since Mr. Grace is a member of that group, they could ask him to provide copies of those tools. He agrees he think it would be unfair to spring that type of review on them at this time. He thinks it would be prudent to do it moving forward.
Commissioner Carey said she would hope in the policy for employees they have annual evaluations and they be asked to do some kind of self-evaluation and set goals and objectives. She reiterated that she has not had a chance to set down with Mr. McMillan; and, philosophically, she does not agree with doing a 5% raise.
Motion by Commissioner Morris, seconded by Commissioner Dallari, to lay the motion on the table to support the Chairman’s recommendation until the next Board meeting.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY, stating he is opposed because the Board is simply putting this off longer and the motion is dealing with compensation and not the evaluation.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated 6/29/05 to Chairman from Thomas Walters, Mayor-City of Oviedo, re: Expansion of Library Services. (cc: BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director)
2. Copies of identical letter dated 6/30/05 to the Mayors of all seven Seminole County cities from Donald Fisher, Deputy Co. Manager re: Request for FY 2006 LYNX Budget Support.
3. Copy of letter dated 6/30/05 to The Sustainable Communities Advisory Council (with original correspondence attached) from Thomas Radzai, Sr. Engineer-Development Review, re: Code Enforcement Accountability.
4. Letter dated 6/27/05 to Chairman from Karen Coleman, Principal-Geneva Elementary School, re: Big Tree Celebration. (cc: BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director, Community Information Director)
5. Letter dated 6/28/05 to BCC (with attached newspaper article) from Jim Gamble re: Use of the Children’s Village site. (cc: Co. Manager, Deputy Co. Managers, Administrative Services Director)
6. Copy of memorandum dated 6/28/05 to LYNX Community Partners from Belinda Wilson, LYNX Manager of Business Relations, re: Ending of LYNX WAGES Program funding. (cc: BCC, Co. Manager, Deputy Co. Managers)
7. Copy of letter dated 6/24/06 to Patricia Johnson, Board of Adjustment Secretary, from Gerald Seeber, City Manager-City of Oviedo, re: Proposed Liquor Store on Red Bug Lake Road and Marketplace Boulevard. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning & Development Director)
8. Copy of letter dated 6/28/05 to Mike McDaniel, Chief of Comprehensive Planning-Dept. of Community Affairs, (with attachment) from Dan Matthys, Planning and Development Director, re: Letter of understanding for Evaluation and Appraisal Report.
9. Copy of letter dated 6/28/05 to Barbara & Gary Wain from Thomas Radzai, Sr. Engineer-Development Review, re: Drainage Issues on Lot 13, Reserve II.
10. Letter dated 6/24/05 to Chairman (with attachment) from David Johnson, Seminole County Property Appraiser, re: 2005 Taxable Values for Seminole County. (cc: BCC)
11. Letter dated 6/24/05 to Chairman (with attachment) from David Johnson, Seminole County Property Appraiser, re: 2005 Taxable Values for Seminole County Fire District. (cc: BCC)
12. Letter dated 6/24/05 to Chairman (with attachment) from David Johnson, Seminole County Property Appraiser, re: 2005 Taxable Values for Seminole County Road Improvement District. (cc: BCC)
13. Letter dated 6/24/05 to Chairman (with attachment) from David Johnson, Seminole County Property Appraiser, re: 2005 Taxable Values for Seminole County Unincorporated Stormwater Management. (cc: BCC)
14. Copy of memorandum dated 6/17/05 to Sandy McCann, Supervisor-County Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.
15. Copy of memorandum dated 6/24/05 to Sandy McCann, Supervisor-County Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.
16. Copy of letters dated 6/27/05 from Kenneth Roberts, Public Safety Director, re: Appreciation for donations to the following: Thomas Wilcox, O. Lee Liming, Susan Gimm, Amanda Barrientos, Mike Wells, and Yin Yin Lo.
17. Letter dated 6/30/05 to Chairman from Linda Kuhn, Mayor-City of Sanford, re: Appreciation for contribution to “4th of July on the River”.
18. Notice and agenda for Seminole County Port Authority Meeting July 20, 2005.
19. Copy of memorandum dated 7/1/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.
20. Letter dated 7/1/05 to Chairman (with attachment) from James Stansbury, Regional Planning Administrator-Department of Community Affairs, re: Notice of Intent to find Comprehensive Plan Amendment in compliance. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)
21. Contract for Services, as shown on page _______, between Seminole Co. Government and Jacqueline Zayas-Garcia (Slow Pitch Softball Scorekeeper).
22. Letter dated 7/11/05 to Chairman (with attachment) from Thelma McPherson, City Clerk-City of Casselberry, re: Annexation Ordinance 05-1162. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Property Appraiser, Supervisor of Elections)
23. Letter dated 7/13/05 to BCC (with attachment) from W.D. Morris, Executive Director/CEO-Orange County Housing Finance Authority, re: Orange County Housing Finance Authority’s 2004 Annual Report.
24. Copy of letter dated 7/13/05 to Property Owner from Carolyn Wilkinson, Real Estate & Zoning Manager-T Mobile, re: Notice of Community Meeting for cell tower on 7/20/05. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Co. Attorney)
25. Notice of Board of Adjustment public hearing 7/20/05 for City of Lake Mary.
26. Letter dated 7/12/05 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Public hearing notice for adoption of annexation ordinance on 7/25/05. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Property Appraisers, Supervisor of Elections)
27. Contract for Services, as shown on page _______, between Seminole Co. Government and James Bonomo (Slow Pitch Softball Umpire).
28. Memorandum dated 7/22/05 to BCC (with attachment) from Lisa Spriggs, Fiscal Services Director, re: Budget Work Session Schedule.
29. Notice of Public Hearing to consider a rezone – City of Sanford – 8/4/05.
30. Letter dated 7/15/05 to Property Owner (with attachment) from Mary Jean Yon, Director, Division of Waste Management-Department of Environmental Protection, re: Contamination of neighboring properties. (cc: BCC, Co. Manager, Deputy Co. Managers, Administrative Services, Environmental Services, Co. Attorney)
31. Letter dated 7/14/05 to Chairman from Patricia Northey, President/CEO and Jeff Ritchey, Chairman, Board of Directors-Chamber of Commerce of West Volusia, re: Support of Commuter Rail in Central Florida.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey thanked the City of Sanford for the wonderful fireworks for the July 4 display. Also, she said Geneva had a wonderful parade.
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Commissioner Dallari thanked DCM Sherman for helping with Jamestown. He thanked Gary Johnson and the Public Works staff for helping with the SSNOCWWTA problems.
Commissioner Dallari also said Geneva did have a wonderful parade. He said he attended as well.
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Commissioner Morris thanked Chairman Henley for getting him involved in the Joint City/County Task Force meetings.
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Commissioner Morris discussed canopy roads and said he would like for Markham Woods road to be brought back along with the other recommended roads. He would like for Erin Maciejewski to draft some model signs. He said that has slipped too.
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Motion by Commissioner Morris, seconded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-128, as shown on page _______, of appreciation to Richard Harris for his service on the Planning and Zoning Commission; and appoint Robert Wolf to fill the unexpired term ending January 1, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-129, as shown on page _______, of appreciation to Chris Dorworth for his service on the Planning & Zoning Commission; and appoint Jason Brodeur to fill the unexpired term ending on January 1, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Van Der Weide stated information needs to get out to the public on the WMFE agreement with the County. Whereupon, Mr. Grace said that has been put on the web site and on SGTV. Commissioner Van Der Weide said it’s needed on the utility bills and everything else, and notify the cities also.
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Commissioner Van Der Weide requested a donation of $3,000 for the Association of the US Army Sunshine Chapter that organized eight busses to bring the soldiers home from Afghanistan. He said the Association has requested money from Seminole, Orange and Osceola counties.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to donate $3,000 from the Contingency Fund to the Association of the US Army Sunshine Chapter as requested.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Dallari, to authorize the County Manager to transfer $3,000 from the General Fund Contingency for donation to the Association of the US Army Sunshine Chapter.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to accept the resignation of Tracy Rackensperger from the Disability Advisory Board; and adopt appropriate Resolution #2005-R-130, as shown on page _______, of appreciation for her service on that board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to appoint Elizabeth Murphrey to the Disability Advisory Board for a term ending January 1, 2007.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Morris showed a report booklet (received and filed) in order to bring to the Board’s attention the number of charitable agencies being funded by the County. He said it has been rumored that Seminole County is so conservative and does not participate with 5013c and other type agencies. He asked DCM Sherman and the Public Information Officer to collect the data of what the County has done in the last three years showing what they have done in partnerships. He reported that since the end of budget year 2002, the funding totaled $17 million. He has provided this information to one agency and there are some other agencies that need to get it too.
Commissioner Dallari suggested doing a program on SGTV about this.
COUNTY MANAGER’S REPORT
Mr. Grace advised of a letter received from Sherry Fincher, Meals on Wheels, requesting $20,000 to purchase back-up generators. He recommended this be done.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve $20,000 funding from the General Fund Contingency to Meals on Wheels for the purchase of back-up generators, with approval for the County Manager to transfer same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace reminded the Board of the Budget Work Sessions to be held next week.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:35 p.m., this same date.
ATTEST: _____________________ Clerk __________________Chairman
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