BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 9, 2002
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, July 9, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Dick Van Der Weide (District 3) (Late)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Absent: Commissioner Randy Morris (District 2)
The Invocation was given by Pastor John Overcash, Sanford Church of Christ.
Commissioner Grant Maloy led the Pledge of Allegiance.
Chairman McLain announced that Commissioner Morris will not be in attendance because he is out of the area, and Commissioner Van Der Weide will be arriving shortly.
AWARDS & PRESENTATIONS
Chairman McLain read into the Record the Resolution commending John Dwyer.
Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt appropriate Resolution #2002-R-102, as shown on page _______, commending John Dwyer, Land Management Coordinator, Current Planning Manager and Zoning Section Chief for the Planning Division, Planning & Development Department,
for his 30 years of service to Seminole County, upon his retirement.
Districts 1, 4 and 5 voted AYE.
Commissioner Van Der Weide entered the meeting at this time.
The Resolution was presented to Mr. Dwyer who addressed the Board to introduce his wife, Joann, and children, Brian and Beth. He expressed his appreciation to the Board, his family, Herb Hardin and Ginny Markley.
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Gary Earl, Executive Director of Workforce Central Florida, addressed the Board to introduce Kim Cornet who is Vice President of Marketing for the Workforce. He gave a PowerPoint presentation (copy was received & filed) and briefly discussed the following: Vision & Mission Statements, Community Impact, Leadership, Labor Market Information, 2002 Working Age Population, Fastest Growing Ethnic Groups, Community Patterns, Unemployment Rate and Claims, HR Planning Statistics, Jobs Openings, In-house Services, Rapid Response Team, Business Incentives, Seminars for Success, One-Stop Career Center, Resource Room, Scholarships, and Operation Paycheck.
Chairman McLain stated the Board appreciates the presentation. He advised Mr. Earl that the Board has identified the Sanford/Orlando Airport and the surrounding area as light industrial and it is the County’s number one economic initiative. He said the Sanford area has a substantially lower income population and he would like to see Workforce help in recruiting and training individuals to move up in their careers.
Mr. Earl stated that Workforce would be glad to be a part of that initiative.
Commissioner Henley questioned if Mr. Earl has made a presentation to the School Board. He said that there are many kids leaving school who are not going to college and Workforce could assist them.
Mr. Earl stated Workforce does have a good working community link with the area school systems. However, he said that making a formal presentation to the School Board is an excellent idea and he will pursue that.
Upon inquiry by Commissioner Maloy, Mr. Earl explained where Workforce obtains their funding.
The Board expressed their appreciation to Mr. Earl for his presentation.
COUNTY ATTORNEY’S REPORT
CONSENT AGENDA
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
3. Approve and execute Purchase Agreement, as shown on page _______, relating to
Parcel Number 214 of the Airport Boulevard Phase III road improvement project, located
on the south side of Bungalow Boulevard approximately 173 feet west of Airport Boulevard,
William R. & Thomas E. Vincent, in the amount of $9,000.00, inclusive of
attorney’s fees and costs.
4. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 151/751 of the Airport Boulevard Phase III road improvement project, located in the northwest corner of Jewett Lane and Bevier Road, Deroyal Industries, Inc. The County’s binding written offer was accepted in the amount of $6,500.00, inclusive of all costs and expenses.
5. Approve and execute Purchase Agreement, as shown on page _______, relating to
Parcel Numbers 116, 716A, 716B, and 716C of the Lake Emma Road improvement
project, located along the east side of Lake Emma Road a total of 343.18 feet
and south of Equestrienne Club Lane, Joseph & Cindy Ruggieri, in the amount
of $26,192.69, inclusive of attorney’s fees and costs.
6. Approve and execute Purchase Agreement, as shown on page _______, relating to
Parcel Numbers 113/713 of the Lake Emma Road improvement project, located along
the west side of Lake Emma Road north of Danbury Mill subdivision and south of
Huntington Pointe subdivision, Fred A. & Mary Jane Allegro. The County’s binding written offer was
accepted in the amount of $23,750.00, inclusive of attorney’s fees and costs.
7. Approve and execute Purchase Agreement, as shown on page _______, relating to
Parcel Number 181 of the Airport Boulevard Phase III road improvement project,
located in the northeast quadrant of Country Club Road and State Road 417,
Robert I. McIntosh, in the amount of $15,000.00, inclusive of fees and costs.
8. Authorization to settle appellate matters with
regard to the Callin property. The result would be that Callin dismisses
his present appeal of the three (3) civil rights counts where the County
prevailed and the County would not appeal the inverse condemnation count where
Callin prevailed. Attorney fees and
costs matters to be determined by the Court.
9. Approval of adjustment of
hourly and per diem rates for Labor Counsel by Letter Agreement, as shown on
page _______, with David Kornreich, Esq.
Muller Mintz, P.A. Rates have not
been adjusted since October 1997. Contractual and rate history is set forth in
attached memorandum. The County Attorney’s Office has no objection to the rate
adjustment requested and would recommend the Board approve the new rates. Changes would take effect October 1, 2002.
Districts 1, 3, 4 and 5 voted AYE.
INFORMATION ITEMS
County Attorney, Robert McMillan, advised the Circuit Court has upheld the Board’s denial of the proposed Portofino student apartment development at McCulloch and Old Lockwood Roads.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
13. Approve and authorize Chairman to execute Grant Acceptance Agreement and associated grant documents, as shown on page _______, for Adult Drug Court Implementation Grant which will allow the 18th Judicial Circuit – Court Administration Unit to receive $500,000.00 from the U.S. Department of Justice, Drug Court Program Office. Grant project includes one (1) grant funded administrative position for the 3-year project period.
14. BCR #02-93 – $80,000 – Environmental Services – Solid Waste – Fund: 40201 – Solid Waste Fund. Transfer is requested to fund several large unanticipated repairs. These repairs include: sealing exterior of Central Transfer Station, replacing backup generator cable and building/roof maintenance.
15. BCR #02-94 – $24,000 – Library & Leisure Services – Library Services – Fund: 00100 – General Fund. This action places funds into the appropriate account line for a Deputy Sheriff’s presence at the Northwest Branch library as was approved by the Board of County Commissioners in February 2001.
16. BCR #02-100 – $65,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer Fund. Additional funds are needed for engineering and construction inspection for the SR 426 utilities relocation project. Additional expenses have occurred due to unforeseen conditions encountered during construction. These funds will be used for engineering and inspection of the new sewer force main for approximately three (3) miles along the construction route.
17. BCR #02-102 – $32,325 – Tourism – Administration – Fund: 11000 – Tourism Fund. The new Seminole County Visitor’s Guide contract to Miles Media Group, Inc. was approved by the Board of County Commissioners on May 28, 2002. This transfer makes funds available in the appropriate account line for Fiscal Year 2001/02.
18. BCR #02-103 – $74,141 – Public Works – Stormwater – Fund: 13000 – Stormwater Fund. A federal grant from NOAA (Coastal Impact Assistance Program grant) was approved by the Board on February 12, 2002 in the amount of $71,874. Additional funds were received from last year’s grant process in the amount of $2,267 that was not rebudgeted. This grant is for consultant services to collect and analyze Stormwater samples from four tributaries flowing into Lake Jesup. This transfer from reserves allocates funds to the appropriate account and is completely offset by the grant. This accompanies an item on Purchasing agenda.
19. BCR #02-104 – $1,072,300 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer Fund. The Engineer’s preliminary design report for the refurbishment of Greenwood Lakes WWTF indicated a need for a totally new electrical facility to meet current electrical code requirements. Included will be new electrical system, controls and instrumentation as well as a new electrical building.
20. Adoption of appropriate Budget Amendment Resolution #2002-R-103, as shown on page _______, in the amount of $13,725, Environmental Services: 40203 – Recycling Grant Fund. This revenue is from the sale of the recycling line equipment bought with grant funds. Per FDEP the proceeds realized from this sale must be used for recycling projects. To accomplish this end, it will be necessary to track these revenues and expenses.
21. Adoption of appropriate Budget Amendment Resolution #2002-R-104, as shown on page ________, in the amount of $83,777, Judicial: 00110 – Adult Drug Court Fund. To recognize anticipated receipt of revenues from the U. S. Department of Justice to facilitate the implementation of an Adult Drug Court. This is contingent upon Board of County Commission approval of the Drug Court Grant award.
22. Authorize staff to advertise and schedule a public hearing on September 11, 2002, for the purpose of adopting the Non-ad Valorem Assessment Roll.
24. Award
CC-1181-02/BJC Contract, as shown on page _______, Greenwood Lakes Wastewater
Ring Plant refurbishment construction project, to CenState Contractors, Inc.,
Winter Haven ($1,546,000.00).
25. Award CC-1183-02/BJC
Contract, as shown on page _______, Northwest Regional Wastewater Treatment
Facility Reclaimed System Improvements and SR 46 Transmission Main, to CenState
Contractors, Inc., Winter Haven ($1,284,000.85).
26. Award CC-1184-02/BJC Contract,
as shown on page _______, Osceola Road Landfill Roadway construction project,
to Gibbs & Register, Inc., Winter Garden ($491,000.00).
27. Approve Amendment #3, as shown
on page _______, to FC-1162-01/BJC - Bridge Rehabilitation – 2002 Program, with
CPW Enterprises d/b/a Cherokee Construction Company, Orlando ($40,000.00).
28. Approve Change Order #1, as
shown on page _______, to FC-1159-01/BJC - Lake Mary Boulevard - Phase III and
East Lake Mary Boulevard Segment 1, with Bergeron Land Development, Kissimmee
($3,544,407.48/Time Extension).
29. Accept and authorize the
Chairman to execute the Certificate of Completion, as shown on page _______,
for FC-1137-00/BJC - Lake Hayes and Lake Monroe Water Treatment Plants 2000
Improvements, with Meadors Construction Corporation, Jacksonville.
30. Approve ranking
for PS-5116-02/BJC – Construction Engineering and Inspection Services for
Public Works Projects with an estimated construction cost of less than
$500,000.00; authorize negotiations and award Master Agreements, as shown on
page _______, to Dyer, Riddle, Mills & Precourt, Inc., Orlando; Metric
Engineering, Winter Park; Keith and Schnars, P.A., Altamonte Springs; and PEC,
Orlando (Not-to-Exceed $700,000.00 per year).
31. Approve increase
in the not-to-exceed limit for PS-521-98/BJC – Lake Jesup Basin Engineering
Study, with Camp, Dresser & McKee, Inc., Maitland ($71,874.00).
32. Award RFP-4145-02/BJC
Contract, as shown on page _______, Bus/Transit Shelter design, fabrication,
installation, operation, repair and maintenance and advertisement for Seminole
County, to Maverick Bench Media Company, Tampa.
33. Approve Amendment #1, as shown on page
_______, to Work Order #3 to RFP-489-00/BJC – Appraisal Services for Lake Emma
Road, with The Spivey Group, Inc., Orlando ($26,126.00).
34. Approve Amendment #1, as shown on page
_______, to RFP-4128-01/BJC - Appraisal Services for Lake Drive Road
Improvements project, with Clayton, Roper & Marshall, Inc., Altamonte
Springs (contract language changes).
35. Approve Amendment #2, as shown on page
_______, to RFP-4101-00/BJC - Right-of-Way Acquisition Services for Lake Emma
Road, with P.A.R.A.R.A. Services, Inc., Deland ($25,000.00).
36. Award Bid-286-02/BJC – Grant of Right of First
Refusal Interest, as shown on page _______, to George P. Rishell, Altamonte
Springs ($10.00 above the highest bid price of the surplus property).
41. Authorize the release of Performance Bond
#6167435, Safeco Insurance Co., in the amount of $311,980.00 for roads, streets
and drainage within the Magnolia Plantation Subdivision located off Markham
Woods Road at Timberbrook Drive and north of Lake Mary Boulevard (Centex
Homes).
42. Adopt appropriate Resolution #2002-R-105, as
shown on page _______, accepting Warranty Deed, as shown on page _______, for
land donated as right-of-way on International Parkway from PLM Associates,
Ltd.; and authorize cancellation of property taxes; site located on
International Parkway, north of County Road 46A.
43. Approve final plat for the Bear Gully Forest
Subdivision located at the northwest corner of Aloma Avenue and Bear Gully Road
(Harling, Locklin & Associates).
44. Authorize release of Irrevocable Letter of
Credit in the amount of $123,148.85 for the Lake Mary Center located at 3577
Lake Emma Road (Equity One, Inc.).
45. Approve Final Plat for the Estates on Lake
Mills Subdivision; located at 703 Brumley Road to the east of Avenue H and
south of Brumley Road, within the East Rural Area immediately to the east of
the Chuluota Village (Sandy Bierly for Jordan Edventures).
47. Approve and authorize Chairman to execute
Interlocal Agreement, as shown on page _______, between City of Oviedo and
Seminole County for Automatic Aid/First Response.
57A. Confirmation of appointment of William J. McDermott as Economic Development Director, effective July 29, 2002.
Districts 1, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated June 4, 11, 18 & 25, 2002; and Payroll Approval Lists, as shown on page _______, dated June 6 & 20, 2002.
2. Chairman to execute the following Satisfactions of Judgment for $40 Application of Indigency:
Gina Marie Bailey, Case #00-1038-CFA
Gina Marie Bailey, Case #00-1109-CFA
Donahue A. Francis, Case #98-7967-MMA
Todd Craig Ramsdell, Case #01-10579-MMA
3. Chairman to execute Satisfaction of Judgment for Court Costs for Gary Paul Keiner, Case #98-3978-CFA in the amount of $278.
4. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Thomas William Scamahorn &
American Bankers Ins. Co. - $1,538
Sven Erik Brostigen and Capitol Preferred Insurance Co. - $798
5. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Larry E. Alexander, #98003765MM - $200
Bruce Athan, #85003383MM - $150
Charles Bagley, #00001912MM - $250
Javier Belalcazar, #01009132MM - $250
Carl L. Bellon, #00003953CFA - $200
Daniel Coleman, #98001877CFA - $200
Matthew R. Criswell, #96002013CFA - $200
Scotty J. Dowdal, #90001790CFA - $1,000
John Thomas Dowdal, Jr., #G90002450CFA -
$300
Mark Neil Dufault, #95012777MM - $200
Thomas W. Forino, #02001308MM - $250
Nathan Fox, #01008102MM - $250
Susan A. Geris, #01009146MM - $200
Amie Gonzales, #01006546MM - $200
James Jeffrey Gregg, #89003922MMA - $25
James Jeffrey Gregg, #89002764CFB - $350
Robert Hurley, #96003747CFA - $500
Donnie Jackson, #01011791MM - $200
Randy D. Johnson, #99010523MM - $200
Susan Marie Karl, #98000350CFA - $200
Michael G. Kitakis, #00010319MM - $200
Michael A. Lowe, #02000714MM - $200
Maelena Maldonada, #01013965MM - $200
John McDuffie, #01006413MM - $200
Michael J. Pevril, #00005732MM - $200
Lonnie T. Raines, #99003804CFA - $350
Jose Rivera, #01010936MM - $250
Mario Serrano, #01009358MM - $250
Kristle Nicole Smith, #01013364MM - $250
Clarence Bernard Sparrow, #93000522CFB -
$300
Wesley C. Stewart, #K89002317CFA - $300
Raymond R. Sweeney, Jr., #93001949MM - $200
Richard C. Wiles, #00000069CFA - $100
Louis Wines, #02003272MM - $200
Linwood A. Woolard,
#01006864MM - $200
6. Chairman to execute Satisfaction of Judgment
for Civil Restitution Lien for Incarceration Costs for Michelle Lynn Wahlen,
#98-5682-MMB in the amount of $500.
Districts 1, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the
following Clerk’s “received & filed”:
1. Development Orders, as shown on page _______, as follows for: Michael and Jacqueline Myers; Richard Rubinstein; Episcopal Church of the Resurrection; Albert Gross; Gordon Hansen; and Christian Church in Florida, Inc.
2. Developer’s Commitment Agreement, as shown on page _______, for Red Bug Village Revision to the Final Master Plan, dated January 8, 2002.
3. Warranty Deed, as shown on page _______, for West Lake Supercenter Partners, Ltd., as approved on September 25, 2001, per Resolution #2001-R-158.
4. Dovera Community Development District’s proposed budget for FY 2003.
5. First Amendment to Consultant Services Agreement, M-271-01, as shown on page _______.
6. Memorandum from Warren Lewis to Sandra McCann submitting documents, as shown on page _______, to the Public Records as follows: Sidewalk Easements granted by the Good Shepherd Evangelical Lutheran Church of Sanford; Julian R. Meitin, as Trustee of “The Samuel R. Meitin Family Trust; Sprint-Florida, Incorporated; and Bank of America; Quit-Claim Deed granted by Florida DOT; and Easement #30726 granted by the Board of Trustees of the Internal Improvement Trust Fund.
7. Development Orders, as shown on page _______, for the following: David Pirtle; Kimberely & Jurgen Roschlein; Joel Bassett; and Russell Bosko.
8. Performance Bond, as shown on page _______, for Magnolia Plantation in the amount of $311,980.
9. First Amendment to Work Order #5, as shown on page _______, to PS-546-99.
10. Work Orders #38, #39, #40, & #41, as shown on page _______, to FC-1139-00.
11. Change Order #8, as shown on page _______, to FC-1135-00.
12. Change Order #1, as shown on page _______, to FC-1177-02.
13. Letter from Thelma McPherson, Casselberry City Clerk, to Maryanne Morse, Clerk, transmitting certified copy of Ordinance 02-1049 regarding annexation of Middleton area properties.
14. First Amendment to Work Order #4, as shown on page ________, to PS-566-00.
15. Work Order #1, as shown on page ________, to PS-5106-01.
16. First Amendment to Work Order #18, as shown on page ________, to FC-1139-00.
17. Mutual Termination of Work Order #29, as shown on page ________, to FC-1139-00.
18. First Amendment to Work Order #27, as shown on page ________, to FC-1139-00.
19. Third Amendment, as shown on page _______, to RFP-469-99.
20. Work Order #53, as shown on page ________, to PS-532-98.
21. Contractor Services Agreement M-314-02, as shown on page ________.
22. Work Order #4, as shown on page _______, to FC-1164-01.
23. Work Order #32, as shown on page _______, to PS-556-00.
24. Engineering Services Agreement M-316-02, as shown on page ________.
25. Consultant Services Agreement M-312-02, as shown on page ________.
26. First Amendment to Work Order #6, as shown on page ________, to PS-590-01.
27. Work Order #33, as shown on page _______, to PS-556-00.
28. Work Order #7, as shown on page _______, to PS-566-00.
29. Work Order #1, as shown on page _______, to PS-5109-01.
30. Work Order #6, as shown on page _______, to PS-373-97.
31. Satisfaction of Connection Fees, as shown on page _______, for BellSouth Telecommunications Bldg.
32. Conditional Utility Agreement, as shown on page ________, for Sewer Service for Landworks Group, LLC.
33. Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service for Original Academy of Learning, Inc.
34. Letter of Credit #2107, as shown on page _______, for Ridge Pointe Cove (formerly Southampton Subdivision) in the amount of $12,383.09.
35. First Amendment to Work Order #2, as shown on page _______, to PS-569-00.
36. Work Order #44, as shown on page _______, to PS-543-99.
37. First Amendment to Work Order #31, as shown on page _______, to PS-556-00.
38. Performance Bonds, as shown on page _______, for Water and Sewer (B21847191) in the amount of $305,460.10; and Roads, Streets and Drainage (B21847192) in the amount of $559,910.45 for Lake Forest Section 16.
39. Letter of Transmittal from STV Incorporated with enclosed copy of the Scoping Document for the Central Florida Light Rail Transit System project.
40. Copy of Warranty Deed, as shown on page _______, for Ernest G. Hillsman regarding Airport Boulevard, Phase III.
41. Copies of Quit-Claim Deed, Warranty Deed, and Temporary Construction Easement, as shown on page _______, for Dennis I. Reeser.
42. Copy of Quitclaim Deed, as shown on page _______, for Wymore Grove Partnership.
43. Appraisal Services Agreement M-319-02, as shown on page _______.
44. Work Order #1, as shown on page _______, to PS-5107-01.
45. Second Amendment, as shown on page _______, to Work Order #20 to PS-538-99.
46. Appraisal Services Agreement M-321-02, as shown on page _______.
47. Local Compliance Review Board of the Florida Building Code Interlocal Agreement, as shown on page _______, approved by the BCC on November 13, 2001.
48. Change Order #4, as shown on page _______, (Final) to FC-1137-00.
49. Performance Bond, as shown on page _______, for Bear Gully Forest in the amount of $66,199.10.
50. Change Order #1, as shown on page _______, to Bid 270-01.
51. Work Orders #1, #2, & #3, as shown on page _______, to RFP-4141-01.
52. Change Order #1, as shown on page _______, to FC-1169-02.
53. Code for the City of Sanford.
54. Appraisal Services Agreement M-318-02, as shown on page _______.
55. First Amendment, as shown on page _______, to Consultant Services Agreement M-302-02.
56. Work Order #1, as shown on page _______, to PS-597-01.
57. Work Order #1, as shown on page ________, to PS-5102-01.
58. Consultant Services Agreement M-313-02, as shown on page _______.
59. Consultant Services Agreement M-315-02, as shown on page _______.
60. First Amendment to Work Order #1, as shown on page _______, to PS-582-01.
61. Assignment of Concession Operations Agreement, RFP-468-99, as shown on page _______.
62. Development Orders, as shown on page _______, for the following: Jeff Sampson, John Winans, Benjamin and Brittany Scott, Fortunato Picon, Jr., and Eddie Muse.
63. Easement, as shown on page _______, for Ingress/Egress and Utilities granted by Robert A. Yeager and Vistawilla Plaza B Owners’ Association, Inc.
64. Warranty Deeds, as shown on page _______, granted by Robert A. Yeager and Jetta Point.
65. Customer Agreement, as shown on page ________, for Reclaimed Water Rates for the following: 400 International Parkway Development Company; HIBC 500 LLC; and HIBC 1001 LLC.
66. Satisfaction of Connection Fees, as shown on page _______, for Heathrow Tract 35, Brookhaven.
67. Conditional Utility Agreements, as shown on page _______, for Water and Sewer for Specialty Restaurant Development of Florida, LLC, and Crystal Photonics, Inc.
68. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Heathrow International Center Owners Association, Inc.
69. Development Order, as shown on page _______, for Crystal Photonics, Inc.
70. Off Road Tractor Purchase Agreement, RFP-4148-02, as shown on page _______.
71. Letter to David Dennis, KPMG LLP, from Maryanne Morse, regarding itemized invoices under the Auditor Services Agreement, RFP-496-01.
72. Bids as follows: RFP-4157-02; RFP-4164-02; IFB-3051-02; CC-1184-02; CC-1183-02; IFB-3052-02; #286-02; RFP-4122-01; RFP-4132-01; PS-5109-01; FC-1171; and A/B-3051/02.
REGULAR AGENDA
DCM Rob Franks and Fire Chief Terry Schenk addressed the Board to present the proposed merger of the City of Altamonte Springs Fire and Emergency Services with Seminole County. Mr. Franks advised staff has been working with the representatives from the City. He further advised that the agreement provides for the County to be responsible for all EMS within the City limits with no expiration date, to remain in effect for a minimum of five years. After the five-year period, the agreement may be cancelled by either party with a minimum of two-years notice. He added that the City approved the agreement last Tuesday.
Commissioner Van Der Weide stated he believes this is a great piece of work.
Commissioner Maloy stated that this agreement, combined with the Oviedo agreement, is a major improvement.
Commissioner Henley stated he feels this is a benefit for the citizens and he is very pleased with the agreement that is before the Board.
Dwayne Bowen, President of the Altamonte Springs Professional Fire Fighters, addressed the Board to state they do agree with the merger and think it is a good idea. However, they are concerned with City firefighters transferring from the City’s private retirement pension fund to the County’s State retirement fund.
Mr. Franks advised under the proposed agreement, the County agrees to assume the firefighters, who are currently in the City’s retirement system, into the County FRS system. If they want to stay under their current plan, they have the ability to do that and if there are other options with the City, they have the ability to do that as well.
Commissioner Henley stated he believes the City needs to deal with this issue.
Mr. Grace advised this does not affect the agreement and recommended the Board move forward. He added that if the Board wants staff to work closely with the City on this, they will be glad to do so.
Commissioner Henley recommended making the City aware that the Board has heard the concerns of the firefighters and encourage them to resolve the issue.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, between Seminole County and the City of Altamonte Springs for Fire/Rescue and Emergency Medical Services; and direct the County Manager to meet with the City to see what can be worked out with regard to the City firefighters’ retirement system.
Under discussion, Commissioner Henley stated he does not believe it is the County’s responsibility to buy the firefighters’ time into the FRS.
Districts 1, 3, 4 and 5 voted AYE.
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Maggie Ketcham, Addressing, addressed the Board to present the proposed resolution changing the name of CR 427, Longwood Avenue, Sanford Avenue, East Lake Drive and Sanford Brick Road to Ronald Reagan Boulevard. She advised that 300 notices were sent out; nine responses against the renaming and one in favor were returned.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-110, as shown on page _______, changing the current identifiers of CR 427 from Sanford Avenue, Longwood Avenue, East Lake Drive and Sanford Brick Road to Ronald Regan Boulevard.
Under discussion and upon inquiry by the Chairman, Christine Watkins addressed the Board to question how much this name change is going to cost the taxpayers. She also questioned how this will help in emergency response when the addresses will remain the same. She suggested a public hearing be held for this item.
The Chairman explained that the County’s procedures do not require a public hearing be held for this.
Districts 1, 3, 4 and 5 voted AYE.
A Petition, as shown on page _______, requesting that a public hearing be held to discuss the proposed name change was received and filed into the Record.
COUNTY MANAGER’S BRIEFING
Planning & Development Director, Don Fisher, and Planner, Dick Boyer, addressed the Board to give a PowerPoint presentation on Promoting Home Ownership Through the Provision of Incentives (copy of presentation was received & filed). Mr. Fisher stated staff is seeking direction on whether or not to proceed with drafting incentives and evaluating the HIP land use patterns.
Commissioner Henley stated he would like to see staff go ahead and pursue some of the options.
Chairman McLain stated he believes it is the Board’s consensus to hear more on the drafting of incentives to promote home ownership infill type development and assessing the current HIP land use patterns; but he feels the Board may want to wait on drafting and revising the Comp Plan until after the first two missions are completed and brought back to the Board. Whereupon, Commissioner Maloy concurred with the Chairman’s assessment.
Commissioner Henley stated he would like for staff to give the Board a briefing on the report that came from DCA regarding the Lake Jesup project and the Consumptive Use Permits.
Mr. Grace advised that a briefing has already been scheduled for the next meeting with regard to the Consumptive Use Permits and conservation.
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The Chairman recessed the meeting at 10:43 a.m., 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.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to accept the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain went out of the normal order of the Agenda to consider two requests for continuances.
APPEAL AGAINST BOA
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal against the Board of Adjustment in denying request for a lot size variance from 11,700 square feet to 7,020 square feet and lot width variance from 90 feet to 65 feet; property located at 1135 Virginia Avenue, on the east side of Virginia Avenue, approximately 680 feet south of North Street, west of Palm Springs Drive, Nora N. Martinez, received and filed.
Planner Tony Mathews addressed the Board to state the applicant is present and has requested a continuance to August 13, 2002.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to honor the request of the applicant to continue to August 13, 2002, 1:30 p.m., or as soon as possible thereafter, the Appeal against the Board of Adjustment in denying request for a lot size variance from 11,700 square feet to 7,020 square feet and lot width variance from 90 feet to 65 feet; property located at 1135 Virginia Avenue, on the east side of Virginia Avenue, approximately 680 feet south of North Street, west of Palm Springs Drive; as described in the proof of publication, Nora N. Martinez.
Under discussion, Chairman McLain stated the applicant is not prepared to make her case at this time.
Jose Santiago, 1133 Virginia Avenue, addressed the Board to state he doesn’t think anything is going to change until August 13. He said the standards are in place and everything that appeared before is still in effect now. He said he would not like the Board to waste anymore time, but if the Board feel it is necessary, he wants to give the applicant a chance to be ready for the hearing.
Scotty Doudd, 1137 Virginia Avenue, addressed the Board to state he agrees with Mr. Santiago that the numbers will not change so he doesn’t understand why Ms. Martinez is asking for a continuance, because it will be exactly the same thing on a future date as now.
Bernard Huguenot, 1138 Virginia Avenue, addressed the Board to state he agrees with the same thing the others have said. He asked to know what Ms. Martinez is basing her request on. He doesn’t see that anything is going to change. He asked for a better explanation as to why she is being given an extension.
Chairman McLain explained that historically the Board does grant a request for continuance by the applicant at least once.
District Commissioner Henley stated the reason he went along with the continuance is that the Board would normally grant a request for one continuance and there is no harm in granting such at this time. He said nothing is going to change unless Ms. Martinez changes her figures. He recommended going along with the continuance out of courtesy because there is no harm in delaying this for two weeks.
No one else spoke in support or in opposition.
Districts 1, 3, 4, and 5 voted AYE.
SMALL SCALE LAND USE AMENDMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider the Small Scale Land Use Amendment from LDR (Low Density Residential) to MDR (Medium Density Residential); and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the west side of Tuskawilla Road, ¼ mile north of Dike Road, Thomas Daly, received and filed.
Chairman McLain advised a request for continuance to July 23, 2002, has been made.
District Commissioner Maloy stated he is not opposed to a continuance as he understands the applicant is ill and is unable to be present today.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to July 23, 2002, at 1:30 p.m., or as soon thereafter as possible, the Small Scale Land Use Amendment from LDR (Low Density Residential) to MDR (Medium Density Residential); and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the west side of Tuskawilla Road, ¼ mile north of Dike Road; as described in the proof of publication, Thomas Daly.
No one spoke in support or in opposition.
The letter to staff from Michael Oliver requesting the continuance was received and filed.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain returned to the normal order of the Agenda.
APPEAL AGAINST BOARD OF
Proof of publication, as shown on page _______, calling for a continued public hearing from May 28, 2002, to consider Appeal against the Board of Adjustment in approving variances to side yard setbacks for Mathew and Anita Staver; property located in Spring Valley Farms Subdivision at Hamlin T. Lane, Vivian Shiba Winston, received and filed.
Senior Planner Kathy Fall addressed the Board to state both variances are under review by the Board this afternoon. She said staff is recommending that the Board of Adjustment’s decision on March 25, 2002, be overturned for the west side yard variance for the proposed garage, and the Administrative Order for denial be adopted. Staff is recommending the Board of Adjustment’s decision on March 25, 2002, be upheld for the east side yard variance from 10 feet to 5.5 feet for the proposed addition on the basis the applicant has incurred costs by relying on an approval letter from staff to proceed on the construction of the addition.
Upon inquiry by Commissioner Maloy, County Attorney Robert McMillan addressed the Board to explain it is his opinion that this is one application with multiple variances. He said if the applicant wants the variances treated separately, then he should make two applications.
Commissioner Van Der Weide stated Mr. Staver is stating this should be done and over with based on the time line. If the Board overturns the Board of Adjustment today, then someone would still have the ability to appeal the Board’s decision within 30 days at the Circuit Court level.
Shiba Winston, 118 Hamlin T. Lane, addressed the Board to state she wants to make sure that the property that would interfere with her property on the west side has been settled.
Chairman McLain clarified that the District Commissioner said the property owner is not going to pursue the appeal on the west side. The Board would have to vote on this.
Ms. Winston said she would support overturning the Board of Adjustment’s decision on this west side. She said if she had known how the legalities were, she would have appealed both sides.
Upon inquiry by Chairman McLain, David Green, 139 Variety Tree Circle, stated he would withdraw his request to speak.
Patricia Green, 139 Variety Tree Circle, President of the Spring Valley Homeowners Association, addressed the Board to state one moment before the meeting began, she was informed that staff sent a letter to Mr. Staver saying the appeal process was over and he had gotten his variance on the east side of the property. She said she was never told this letter had been sent and she is very upset the process has gone in this order where they have not been informed. She said they would have taken actions differently if they had known these things. They object to a five-foot setback on both sides of the property. From the criteria given them, they see that there are no special circumstances that would afford Mr. Staver a hardship. She stated they have 21 cul-de-sacs in their neighborhood with 67 homes having similar situations as Mr. Staver and they have not had any side setbacks differential problems. She said Mr. Staver would like to change his home, but he doesn’t want to follow the guidelines the County has set up. She said a five-foot setback is close to being high density residential, and they do not want a situation where the floodgates are opened for other homes to be granted a five-foot setback. They feel that would damage the property values of their neighborhood and would not be appropriate for the image of the neighborhood.
John Bandy, 909 Spring Valley Road, addressed the Board to state as a Board they encourage supporting most homeowners when they are upgrading their property. They also get concerned if what the homeowner wants to do has a negative impact on one of his neighbors. He said if the Board grants the five-foot offset on the east side, that will restrict the ability of that neighbor to use his property to the full extent. They have deed restrictions that require a 20-foot offset between two structures. He stated the Board of Adjustment should have never approved this because it is in violation of one of the criteria.
Chairman McLain clarified with staff that any variance for Mr. Staver would not change the setback requirements on the adjoining property.
Chairman McLain read the written comments (received and filed) from David E. Green, Paul McCann, and Warren Birge in support of the appeal.
He asked that the letters of record in the Board of Adjustment meeting be made a part of this record. He advised he has letters (received and filed) from the immediate surrounding neighbors who are in favor of the variance. He also submitted notices of hearings (received and filed) of the last BCC meeting on May 28, 2002, and today’s BCC meeting. Mr. Staver further submitted (received and filed) his letter dated July 8, 2002, to the BCC with attached letters giving a chronology of events pertaining to this appeal. He advised he has incurred $64,000 in costs in engaging the architect and contractor, after being notified by the Board of Adjustment that they could do so. He was told that the Board of Adjustment got approval from the County Attorney’s Office to send the letter. He said when you appeal a case, you do not have to appeal the entire thing. It is his position that he is entitled to the variance. He said the issue of the east side is not before the Board because it was not timely appealed.
Celia Mendez Moreland, 112 Hamlin T. Lane, addressed the Board to state she is in favor of Mr. Staver. She said she understands the remodeling the Stavers will be doing will exceed $125,000 and that will raise the property values. They are in favor of any improvements to raise the property values. She said the little corner that is inside the setback would not be noticed. There is about 45 feet between two homes, and the street is heavily populated with trees. She said her property is diamond shaped and it is extremely difficult to maneuver a home to fit within the lot and meet the variance requirements.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to overturn the Board of Adjustment’s decision on March 25, 2002, by means of adopting the Administrative Order, as shown on page _______, and deny the side yard setback variance from 10 feet to 5 feet on the west side for the proposed garage located at Hamlin T. Lane in Spring Valley Farms Subdivision for Mathew and Anita Staver; as described in the proof of publication, Vivian Shiba Winston.
Districts 1, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to uphold the Board of Adjustment’s decision on March 25, 2002, thereby, approving the side yard setback variance from 10 feet to 5.5 feet on the east property line, only for that portion that encroaches on the variance area, for Mathew and Anita Staver, property located at Hamlin T. Lane in Spring Valley Farms Subdivision; as described in the proof of publication, Vivian Shiba Winston.
Under discussion, Commissioner Maloy stated he still disagrees. He thinks it would be very unfair at this point to go back on the word of the County, especially since it is such a small area.
Commissioner Van Der Weide stated he is very unhappy with the whole situation, but he is willing to stick with his motion.
Mr. McMillan stated he understands Mr. Staver’s position, but he still believes this is one action, one application, and one appeal. He said you would not piecemeal the appeal. He concurred with Commissioner Maloy that the plans were submitted and building permits were issued and expenditures made that create the situation where there could be a vesting argument made, and that is why staff and the County Attorney concur with the recommendation for the Board to proceed to grant one and deny the other variance.
Districts 1, 3, 4, and 5 voted AYE.
VACATE AND ABANDON
CONRAD YELVINGTON
DISTRIBUTORS
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning the 30 foot wide portion of Jewett Lane between Airport Boulevard and the easterly property boundary of the Conrad Yelvington Distributors property in Section 26, Township 19, Range 30, Conrad Yelvington Distributors, received and filed.
Shannon Suffron, Planner, addressed the Board to present the request. She stated this particular portion of Jewett Lane is unimproved and there are no plans to develop it. It will be incorporated as part of the Conrad Yelvington aggregate distribution operation. This vacate request needs to be approved before the site plan can be approved. Staff does not have any objections to the vacate request and is recommending approval.
Robert Gentry, Vice President of Transportation for Conrad Yelvington Distributors, addressed the Board to answer any questions.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2002-R-111, as shown on page _______, vacating and abandoning the 30 foot wide portion of Jewett Lane between Airport Boulevard and the easterly property boundary of the Conrad Yelvington Distributors property in Section 26, Township 19, Range 30; as described in the proof of publication, Conrad Yelvington Distributors.
Districts 1, 3, 4, and 5 voted AYE.
VACATE AND ABANDON
MICHAEL & JACQUELINE
MYERS
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning a 112’ length of Fieldwood Boulevard right-of-way that abuts Lot 15, Markham Oaks, and Lot 44, Carisbrooke; property located on Fieldwood Boulevard, west of Markham Woods Road and abutting property addressed 1100 Fieldwood Boulevard, Michael & Jacqueline Myers, received and filed.
Denny Gibbs, Planner, addressed the Board to present the request. She said staff has received letters from the utility companies that they have no objections. Staff recommends approval of the vacate as the right-of-way can never be used as a thorough street as originally intended and, therefore, is not necessary.
Michael Myers, applicant, 1100 Fieldwood Boulevard, addressed the Board to state he agrees with the staff recommendation. He said he has lived on this property for 18 years, and with this vacate he can continue his fence line from his property down through Lot 44 in Carisbrooke and be able to maintain and landscape the area. He said his house directly faces this area.
Chairman McLain read the Written Comment Forms from Alan and Jill Feldman and Kamron Khosravani in support of the request.
David Whickham, Markham Oaks, addressed the Board to state he and his wife have no objections to the vacate.
Mike McCardell, 1707 Cedar Stone Court, addressed the Board to state he has no objections to vacating the right-of-way.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner McLain stated he supports the staff recommendation.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2002-R-112, as shown on page _______, vacating and abandoning a 112’ length of Fieldwood Boulevard right-of-way that abuts Lot 15, Markham Oaks, and Lot 44, Carisbrooke; property located on Fieldwood Boulevard, west of Markham Woods Road and abutting property addressed 1100 Fieldwood Boulevard; as described in the proof of publication, Michael & Jacqueline Myers.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain recessed the meeting at 2:30 p.m. and reconvened at 2:40 p.m.
APPEAL OF ARBOR PERMIT
Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal of an Arbor Permit issued to the San Marco Villas Homeowners Association for the removal of two diseased trees and provide six replacement trees located within the San Marco Villas Condominium complex on West Sabal Palm Place, Charles Lee and Carole Barice, received and filed.
Francisco (JV) Torregrosa, Planner, addressed the Board to present the appeal. He showed pictures (received and filed) of the condition and location of the tree in question and of the site. He showed the proximity of the second tree to be removed to the adjacent condominium wall, which is approximately 23”. He discussed that the pictures show the tree is within the porch area of the condominium; rot is within the interior of the tree; boards are starting to be lifted by the base of the tree; dark spots are at the base of the tree showing signs of disease; black portions of the bark indicate dead bark on the tree per the arborists; how the tree was cut before the stop order; and the pine tree that was removed prior to the appeal being filed and its proximity to the condominium wall.
Mr. Torregrosa stated the tree has already caused some damage to the porch. It is in close proximity to the structure and if any of the branches fall, they would likely cause damage to the structure. As well, it is already showing signs of disease. He said it is not uncommon for a tree in this situation in the forest to die off and be replaced by a number of trees in the same location. He pointed out that the arbor permit approved removal of the tree and required that three trees be planted for each tree removed. He said staff recommends upholding the issuance of the arbor permit and authorizing the Chairman to sign the decision on the appeal.
Upon inquiry by Commissioner Van Der Weide, Mr. Torregrosa stated it appears the trees were on the property prior to the structures being built. He advised Commissioner Maloy that the homeowners’ association hired an arborist and he came to the same conclusion as the County’s arborist that the tree is diseased and should be removed.
Commissioner Van Der Weide stated he thinks the homeowners associations can remove any trees they wish to, and there seems to be the trend to remove a lot of trees and some may not need to be removed. He asked if there was any knowledge of that happening.
Jerry Robertson, County Lead Inspector and Certified Arborist, addressed the Board to state there has been a problem with trees being taken down in this same development in the past. He said there are more trees in this development that need to come down which are diseased and are a danger to the residents’ structures. He advised Chairman McLain that, in his opinion, the subject oak tree does need to come down.
Charles Lee, 216 W. Sabal Palm Place, addressed the Board to state he and his wife asked two independent tree experts, Paul Verlander and Rick Seay, to look at the trees involved in this case. He submitted some exhibits (copies received and filed) for distribution to the Board. He said the experts said there is no reason, with regard to mechanical safety, for this tree to be cut down. He said the unit owner has a preference against trees. They also recognize that the tree is lifting one rotting board, and the solution is to modify and fix the board on the bottom of the porch. He noted that the developer of this project, Wally Temple, took care in developing this property to maximize the conservation of the trees. Many of the patios have trees next to them. That has been the history of this complex, and most of the residents are attracted to living there because of the trees. They hope the Board looks at the independent advice of the arborists. He said if the standard applied to the subject tree for removal is applied to the others, they might as well take out every tree in the complex. They think maximum conservation efforts should be used for these kinds of trees, and an aggressive policy of tree care rather than tree removal should be exercised.
Mr. Lee pointed out to Commissioner Maloy that his picture (received and filed) shows the fall line of the tree is going away from the building.
Carole Barice, 216 West Sabal Palm Place, addressed the Board to state she spoke with the arborist when he was on the property and he said the severed limb did need to be removed, but that the tree itself was healthy and structurally sound and did not pose any hazard to the structure at all. He suggested another limb over the structure should be turned back because it was over a fireplace and was a fire issue. He also said it would be a modest expense to remedy the one spot on the tree and it would live for a number of years. She said this is not a dispute among residents, but a matter of the administration and interpretation of a County code with reference to arbor permits and protection of mature specimen trees. She said initially this matter arose when they found out that staff had issued the interpretation that no permit was necessary. She said it is a dangerous interpretation that a tree can be removed without a permit. She understands the Board directed staff to modify the rule so that is not the interpretation. She explained they did not receive notice that the tree was being cut down. Perhaps the Board might want to direct staff to deal with the process issue. Ms. Barice stated removal of the trees have a negative impact on the value of the property. She asked the Board to reverse the decision of the staff.
Charlotte Truesdell, 238 W. Sabal Palm Place, addressed the Board to state she feels the Board of Directors have been neglecting the trees in this area. She showed a picture in 1997 of a tree removal and said the person was in violation at that time. She said she moved to this area because of the beautiful trees and what they provided—the shade and property value, and she hopes the Board won’t let this tree come down.
Sandra Patten, 248 W. Sabal Palm Place, addressed the Board to state the tree at 252 W. Sabal Palm Place has been on the permanent removal list since 1995. She said her scope is much larger because she believes that all existing large, old trees in San Marco Villas are in jeopardy. She said they are unlikely to find a tree without a blemish that is anywhere from 50 years to 300 years old. She stated there were violations in July 1997 and June 1999 and resulted in a fine and costly tree replacements for the homeowners association. Since 1995, many old and grand trees have already been removed. She asked the Board to do as much as they can to preserve not only this tree but also others they have.
Elaine Salling, 252 W. Sabal Palm Place, addressed the Board to state she has compiled a packet (copy received and filed) of information for the Board, which was distributed to them. She advised the packet contains photographs showing the tree’s close proximity to the building and the trunk flare, which is buckling and damaging the screen enclosure. She also has recommendations from Lougheed Resource Group, State Farm Insurance, and Arbor Care for removal of the tree based on damage to the building and screen enclosure, disease of the tree, and large liability. She said she has lived in this condo since 1994 and the current repairs needed will be the third time for necessary repairs due to damage by the large laurel oak tree. The cost of the repairs are at her expense. She noted that if the tree were to fall, the root ball would be underneath the foundation of the building. She explained that the damage is more than just three boards to the building. She said they are not in the business of carelessly cutting down trees, but this particular tree is a liability and needs to be removed.
Phyllis Robertson, 240 W. Sabal Palm Place, President of the San Marco Villas Homeowner Association, addressed the Board to state in the 10 years she has lived in the neighborhood, there have probably been no more than 10 trees removed and 11 new trees have been planted. She submitted a packet (copy received and filed) of information to the Board. She discussed the term “common area” and said according to the Seminole County Code “a permit shall not be required as to properties which are designated as common area or open space in a planned unit development.” She reviewed from her information that there are approximately 214 trees, most of which are mature, on the 10.277 acres of San Marco Villas. This is an average of 21 trees per acre, in addition to the units and other things situated on the property (identified in her letter dated July 3, 2002). She stated the Board of Directors has the responsibility to maintain the common grounds and buildings in a manner that protect the investments of homeowners and ensures their safety while residing in San Marco Villas.
Donald McCarrick, 181 W. Sabal Palm Place, addressed the Board to state he is serving his third term on the Board of Directors. He said the Board has no list of trees to be removed and such a list does not exist. He stated the picture showed the tree leaning away from the building, but did not show that there are other units on the other side in the direction to which the tree is leaning and would be impacted if the tree were to fall. He explained that at their meeting of April 22, 2002, the Board of Directors passed a resolution to remove the two trees in question. He thinks the majority of the views will indicate that the tree is diseased and is not stable in its present condition, and who knows how long it will last. He said his main concern is the safety of the residents in the building.
Jean Webb, 234 W. Sabal Palm Place, addressed the Board to state in her years of living in San Marco Villas, she has not experienced the indication that the Board members have set out to make the complex a barren waste. She said the developers did leave many beautiful trees, however, they planted some of the young, new trees entirely too close to the buildings, which have later caused problems for the sewer lines, etc. She does not believe any of the Board members would jeopardize their investments by making the complex as unattractive as possible. It is her wish that all the trees will always be closely monitored for dead branches and dying trees in order to keep their units protected from damage and for the safety of the residents from injury.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon inquiry by Commissioner Van Der Weide, Mr. McMillan said if this were PUD common area, the residents would not need to have a permit, but this is condominium common area.
Commissioner Van Der Weide said they have been speaking of two trees specifically, but he is aware of the problem of trees being cut down in common areas, which he is against. He asked if staff has surveyed all the trees and know how many more are in this situation.
Mr. Robertson answered that there are at least three more trees with problems with the trunks. He suggested a certified arborist go through the association and mark the trees for the association to deal with that. Discussion continued with Commissioner Van Der Weide.
Commissioner Van Der Weide said, based on the professional opinion of staff, he would have to say the laurel oak needs to be removed. He doesn’t want anything cut down in the future unless it comes to the Board and is a proven fact.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to uphold the County staff decision to issue an arbor permit to remove one remaining tree, laurel oak, and replace that with six trees located within the San Marco Villas condominium complex on West Sabal Palm Place; and authorize the Chairman to sign the Appeal, as shown on page _______, of the decision.
Under discussion, Commissioner Maloy asked if it would be helpful if staff knows where the other diseased trees are and could plant new trees now.
Districts 1, 3, 4, and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Memorandum dated June 18, 2002 from J. Kevin Grace, County Manager, to Board RE: authorizing Ray Valdes, Seminole County Tax Collector as a delegate representing Seminole County at the 2002 NACo Conference in July. (cc: Board)
2. Memorandum dated June 17, 2002 from Sheriff Donald F. Eslinger to Board, County Manager and Fiscal Services Director RE: Electronic Monitoring for Pre-Trial Release Offenders.
3. Memorandum dated June 14, 2002 from Fran Sullivan, Tourism Development, to Annette Hatch, Board of County Commissioners, requesting submission of approved June Tourist Development Council meeting minutes into official records.
4. Copy of letter dated June 14, 2002 from V. Eugene Williford, III, City Manager, Oviedo, to J. Kevin Grace, County Manager RE: adoption of resolution supporting the efforts to incorporate the Estes property into the Little Big Econ State Forest. (cc: Board, Mayor and City Council)
5. Copy of memorandum dated June 12, 2002 from Mark Van Bever, Court Administrator, to Board RE: revenue check for reimbursement of court-related expenses. (cc: County Manager)
6. Letter dated June 12, 2002 from Seminole County Property Appraiser’s Office to Chairman submitting the 2002 Preliminary Values for the 17-92 Community Redevelopment District and for Altamonte Springs, Casselberry, Lake Mary, Seminole Towne Center, Sanford and Winter Springs. (cc: Board, Cindy Hall, Fiscal Services Director, Respective City Managers and Finance Directors, 17-92 CRA Coordinator)
7. Correspondence dated May 13, 2002 from Bill Suber, Property Appraiser, to Chairman RE: Road, Fire, Stormwater and BCC Districts taxing jurisdiction forms DR-489 AM. (cc: Board, County Manager, Fiscal Services Director).
8. Copy of letter to Joe DoBosh, Heathrow Land Company, from Mary Doty, Foley Lardner Attorneys at Law, dated June 12, 2002 RE: proposed placement of a camouflaged telecommunications tower at the Heathrow Fire Station. (cc: Board, County Manager, Deputy County Managers, Planning & Development Director)
9. Correspondence dated June 14, 2002 from the City of Sanford to Local State and County Governments and Local Utility Companies RE: the annexation of properties at 1270 Upsala Road, 205 and 302 Poinsetta Drive and 3901 Sanford Avenue, all in the City of Sanford, Florida. (cc: Board, Planning & Development, Supervisor of Elections).
10. Copy of letter dated June 19, 2002 from Jane E. Peterson, Library Services Manager, to Mr. & Mrs. Paul Kinser in appreciation of recent donation.
11. Copy of letter dated June 11, 2002 from Kenneth M. Roberts, Public Safety Director, to Lois Wilks in appreciation of recent donation.
12. Copy of letter to Rick Rome, Danbury Mill Homeowners’ Association dated June 17, 2002 from Lynn M. Vouis, Assistant County Attorney, RE: Lake Emma Road improvement project. (cc: Board, Public Works Director, County Engineer)
13. Letter dated June 24, 2002 from Diane Pickett Culpepper, Time Warner Cable, to Chairman RE: changes to the Music Choice channel lineup for Time Warner Digital Cable. (cc: Board, County Manager, Cable Franchising Coordinator)
14. Letter dated June 25, 2002 from Cynthia Porter, Deputy City Clerk, Sanford, to Board giving Notice of Public Hearing to consider annexation of 9.5+/- acres located at 1750 E. Lake Mary Blvd. (cc: Board, County Manager, Deputy County Managers, Planning & Development Director, Planning)
15. Copy of Memorandum to Sandy McCann, County Commission Records, dated June 28, 2002 from Becky Noggle, Environmental Services Dept., RE: Submissions into County records. (cc: Board, County Manager, Environmental Services Director)
16. Letter from Diane Pickett Culpepper, Time Warner Cable, dated June 25, 2002 RE: Partnership negotiations between Time Warner Cable and Advance/Newhouse. (cc: Board, County Manager, Cable Franchising Coordinator)
17. Email dated June 23, 2002 from Leslie and Carol Habel to Chairman RE: utilization of Jetta Point property as a dog park. (cc: Board, County Manager, Deputy County Managers, Library & Leisure Services Director)
18. Copy of letter to United Arts Chairman James Seay dated June 25, 2002 from Bruce McMenemy RE: United Arts noncompliance to Florida Statutes. (cc: Board, United Arts Board of Directors, Orange County, Osceola County, Orlando City Council, Osceola City Council, County Attorneys and County Managers for Orange, Seminole and Osceola Counties)
19. Memorandum dated June 25, 2002 from Cindy Hall, Fiscal Services Director, to Board RE: Historical Expenditures. (cc: County Manager)
20. Memorandum dated June 25, 2002 from Cindy Hall, Fiscal Services Director, to Board RE: Budget Work Session Summary (cc: County Manager)
21. Letter dated June 24, 2002 from Aaron Liberman, Health Council of East Central Florida Chairman, to Chairman RE: revision to the corporate bylaws. (cc: Board, County Manager, Deputy County Managers, Community Services)
22. Letter dated June 21, 2002 from Michael Snyder, FDOT, to Chairman RE: I-4/Longwood Rest Areas’ closing. (cc: Board, Planning)
23. Copy of letter from Mike Snyder, FDOT to the presidents of Northridge, Bolling Farms, Springs Landing, the Estates of Springs Landing and Markham Woods Homeowners’ Associations, Neighborhood Alliance Church, Temple Israel and Markham Woods Seventh Day Adventist Church RE: the temporary closure of the I-4/Longwood Rest Areas. (cc: Board, County Manager, Deputy County Managers, Planning)
24. Letter dated June 18, 2002 from Congressman John Mica to MetroPlan Orlando Board Chairman RE: pursuing a commuter rail project. (cc: Board, County Manager, Planning)
25. Letter dated June 27, 2002 from Sheriff Donald F. Eslinger to Chairman RE: Alcoholic Beverage Ordinance proposed amendments. (cc: Board, County Manager, Deputy County Managers, County Attorney, Lieutenant Scott Ballou)
26. Copy of letter dated July 1, 2002 from Roland D. Magyer, Planner, City of Casselberry, to residents RE: Rezoning of property within the City of Casselberry. (cc: Board, County Manager, Deputy County Managers, Planning)
27. Notice of Public Hearings from the City of Sanford to consider annexation of property between Pointsetta Drive and Rose Drive and between Palmway Drive and Sanford Avenue; and property between U.S. 17/92 and Narcissus Avenue and between Airport and Rand Yard Rd. (cc: Board, Planning, Supervisor of Elections)
28. Memorandum dated June 27, 2002 from Doris-anne Freeman, City Clerk, Altamonte Springs, regarding abandoning a portion of a utility easement at 912 Sycamore Lane. (cc: Board, Planning, Planning & Development)
29. Letter dated June 28, 2002 from Charles Gauthier, Department of Community Affairs, to Chairman RE: Objections to Lake Jesup Woods. (cc: Board, County Manager, Deputy County Managers, Planning, East Central Florida Regional Planning Council, Lowndes Drosdick, et. al)
30. Notice of Historic District Master Plan Workshop on July 8, 2002 from the City of Longwood. (cc: Board, County Manager, Planning)
31. Notice of Public Hearing on July 15, 2002 for a Vacate and Abandonment and Comprehensive Plan Amendment from the City of Longwood. (cc: Board, Planning)
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to appoint Tracey Olsen to the Disability Advisory Board to fill the unexpired term ending January 1, 2003.
Districts 1, 3, 4, and 5 voted AYE.
Mr. Grace advised that Seminole Mental Health wish to apply for a Federal Emergency Shelter Grant and is requesting Board authorization to apply. He explained this is not a matching grant and is not competing with a grant that the County has submitted. The deadline is coming soon and staff could not wait for the next meeting.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve the Seminole Mental Health’s request to apply for the grant and authorize the Chairman to execute the Federal Emergency Shelter Grant, as shown on page _______, for development of transitional housing for the dually diagnosed.
Districts 1, 3, 4, and 5 voted AYE.
Mr. McMillan advised a letter was written to Chairman McLain from Sheriff Eslinger regarding alcoholic beverage establishments. He stated the Sheriff has received complaints about the establishments being open past 2:00 a.m. He is requesting the County and Sheriff’s Attorney work jointly on an ordinance with a 2:00 a.m. shutdown time.
Commissioner Henley said the current ordinance doesn’t say stop serving after 2:00 a.m., but only that selling cannot be conducted after 2:00 a.m.
Chairman McLain directed Mr. McMillan to move forward and speak with the Sheriff’s Attorney to close that loophole.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date.
ATTEST_________________________Clerk____________________Chairman
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