BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

AUGUST 24, 2004

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, August 24, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)(Late)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Dr. David Medley, Community Services Department, Seminole County.

     Staff Sgt. Stephen Cardona led the Pledge of Allegiance.

Awards and Presentations

 

Chairman McLain stated the Board wishes to take this special opportunity to honor Sgt. Stephen Cardona, son of SGTV Cameraman Andrew Cardona, for his service to his Country and fellow citizens.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2004-R-152, as shown on page _______, honoring Staff Sgt. Stephen Cardona for his military service to his Country and fellow citizens.


     Districts 1, 3, 4 and 5 voted AYE.

     Commissioner Morris entered the meeting at this time.

     Commissioner Van Der Weide, along with the other Commissioners presented the Resolution to Sgt. Cardona, who expressed thanks for having him this morning.  He said he was proud to be serving in the greatest country in the world and he was moved to receive recognition from the Board.  He thanked the Commission and the residents for their unwavering support of the military in their defense of the nation.

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     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-150, as shown on page _______, acknowledging the recipients of the 2004 Seminole County Industry Recognition Award; to be presented at the “2004 Industry Recognition Luncheon” to be held on September 23, 2004.

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

 

     Commissioner Maloy presented the Resolution to EDC Director Bill McDermott and Ray Gilley, Mid-Florida EDC.

     Mr. McDermott stated the Industry Recognition Luncheon will be held at the Lake Mary Marriott on September 23, 2004.  He expressed thanks to the Board for the Resolution.

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-149, as shown on page _______, commending Margie Johnson, Library Services, for her successful career and significant contribution to the residents of Seminole County upon her retirement.

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

     Commissioner Morris and County Manager Kevin Grace presented the Resolution to Ms. Johnson, who expressed thanks and stated, as seen in the video clips shown, her job has been great fun and she thoroughly enjoyed it.

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     Sherry Fincher and Brian Overby addressed the Board to give a slide presentation (copies received and filed) on The Future of Meals on Wheels Goals and Plans.

Ms. Fincher stated they are now in the final stages of constructing a new kitchen.  They are currently producing about 1,165 meals a day.  Seven hundred of those are senior meals and about 465 are childcare program meals.  Once they are moved into the new kitchen, they can begin immediately preparing 10,000 meals a day in a combination of hot and cold meals.  She reported they are approaching 100 people waiting for services now.  During Hurricane Charley, no senior went without food and that is due to a very dedicated staff.

     Mr. Overby stated what has happened to Meals on Wheels is a lack of funds.  By creating the kitchen, they have the potential for 10,000 to 20,000 meals a day.  Their vision is that no senior in Seminole County has to go without food.  The building is built to last.  They want to be self-supporting to take care of themselves as much as possible.  He had great response when he talked to vendors and contractors and they are willing to donate services.  They have raised about $350,000 from different vendors in the County.  He expressed thanks to Mr. Grace, DCM Don Fisher, and staff who worked them through the process.  He also thanked the Commissioners for their great relationship.  He said they should be ready to go into the new building in about two to three weeks.  He thinks this is something other counties will need to embrace on how to come up with funds. 

     Mr. Grace advised that Meals on Wheels has submitted a funding request as part of the Community Service Agencies that will come to the Board in October.

     Commissioner Morris thanked Ms. Fincher, Mr. Overby, and the volunteers on the Board and said they have done a remarkable job.  He hopes they will come back and tell the Board how the program is progressing and how the Board may be able to try to assist them.

     Commissioner Van Der Weide stated in this agency’s case, the Board has received nothing but compliments. 

     Commissioner Henley stated he has worked with this program for about 4 years in serving.  He doesn’t think any organization performs any greater service.  He thinks it is tremendous and would like to see them continue to grow.

     Chairman McLain said in his tour delivering meals, he thought it was very interesting how the clients were always anxious for social interaction and knew the workers by name.  That is so important.

     Mr. Overby thanked the Board for the time to come and tell their story.

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     Chairman McLain advised staff has received requests for continuances to September 14, 2004, 7:00 p.m., for Item #44, Large Scale Land Use Amendment and Rezone/Javier E. Omana, and Item #45, Rezone/Eric Wills.

     The Board had no objections to the continuances.

     Mr. Grace advised a letter (copy received and filed) has been received requesting that Item #46, Appeal/Ron Edwards, be continued.  Therefore, all three public hearings for tonight are being considered for continuance, but a Resolution is on the agenda to be presented tonight.

     Chairman McLain said the presentation of the Resolution was arranged for tonight so some school children could attend, so he thinks it is important that all the Board members attend the meeting.

     Commissioner Morris stated he had a very good meeting with the appellant for Item #46 and he would like to bring that item back the first meeting in September.

     Chairman McLain directed that staff inform interested parties of the Board’s intent to continue the public hearings for tonight.

Consent Agenda

 

County Manager’s Report

 

     Dave Medley, Community Services, addressed the Board to answer questions by Commissioner Henley regarding funding of the two personnel positions for Item #5, CSBG Application.

     Mr. Medley also answered questions by Commissioner Morris regarding the Community Services Advisory Board.  Commissioner Morris stated he didn’t recall the BCC selecting anyone to serve on this board.  Mr. Medley explained there has not been a vacancy for some time. 

     Chairman McLain stated the concern is that the BCC doesn’t have any input.

     Commissioner Morris said he thinks it might be good for Mr. Grace to meet together with the Chairman and set protocol of what the Board needs to do, as this is a serious area.

     Commissioner Van Der Weide agreed with the Chairman and Commissioner Morris and said he thinks the Board has lost any input.

     Ray Hooper, Purchasing Manager, addressed the Board to answer questions by Commissioner Henley regarding Item #15, Amendment #3 to RFP-4118-01, and Item #16, Renewal #2 to RFP-4168-02, on how successful the collection rates are.

     Mr. Hooper said he would have to get the information on Item #16 and report back to Commissioner Henley.

     Commissioner Morris stated the Board had asked before for a comparison of what this County was doing on EMS collections and what other communities are doing, and they never received that information.  He said that would be nice to see because it helps them make a decision like this on renewal of the contract.

     Mr. Grace said he would make sure the next time this comes back that the Board has that extensive information.

     Commissioner Henley said they also need to know how many cases are turned over to collection.

     Commissioner Morris said the Board had also asked what percentages of non-collectibles are Seminole County residents versus non-residents. 

     Mr. Grace said staff will pull together this information.

     Chairman McLain discussed Item #19, Library & Leisure Services, amendment of Section 5.4 of the Administrative Code, and said he supports this item.  He thinks they need to ask staff to come back with some opportunities for other non-profits that the Board supports to use some of the County’s facilities for fund-raisers.  He would like more information on this.  Discussion ensued.

     Commissioner Henley said they need to develop a set of policies if they are going to get into this.

     Mr. Grace said it is hard to open the door for some people and not for others.

     Motion by Commissioner Morris, seconded by Commissioner Henley, to approve and authorize the following:

Community Services

 5.  Approve and authorize Chairman to execute the CSBG Application, as shown on page _______, of $223,589 for services to Seminole County residents through the Community Services Block Grant. 

 

Environmental Services

Business Office

 6.  Approve and authorize Chairman to execute the Exhibit “G” amendments, as shown on page _______, to Conditional Utility Agreements for sewer service with Mikler Road Development LLC for over sizing and extension of off-site sewer facilities to the Mikler Lake Subdivision. 

 

Fiscal Services

Administration

 7.  Approve scheduling and advertising Public Hearing for September 14, 2004 to adopt Ordinance revising Chapters 50 and 150 of the Seminole County Code as it relates to Article V legislation. 

Budget

 8.  BCR #04-48 - $31,750 – Information Technologies – Information Services – Fund:  00100 – General Fund.  An accounting adjustment is necessary to place operating funds associated with the replication software for the computer storage network in the correct account line (the machinery and equipment account line) in order to comply with accounting capitalization requirements.  This includes all operating costs associated with the software including consulting, training, and maintenance.

 9.  Adoption of appropriate Budget Amendment Resolution #2004-R-153, as shown on page _______, $175,000 – Tax Collector: 00100 – General Fund.  Pursuant to Florida Statute 192.091 the Tax Collector’s commission payment for the General Fund is based on a percent of taxes collected.  The Tax Collector’s budget is based on a 96% collection rate.  Taxes collected are higher than anticipated; therefore, this action will appropriate funds necessary through fiscal year-end 2003/04. 

Purchasing

10.  Award CC-1241-04/AJR, as shown on page _______, Markham Regional Water Treatment Plant Phase IIA Expansion with Wharton-Smith, Inc., of Lake Monroe, FL. ($1,767,000.00).

11.  Approve Change Orders #6 and #7, as shown on page _______, and Approve the Certificate of Final Completion, as shown on page _______, for FC-1159-01/BJC - Lake Mary Boulevard - Phase III and East Lake Mary Boulevard Segment 1, with Bergeron Land Development of Kissimmee ($378,435.07) (Time Extension).

12.  Approve Renewal #1 for CC-1188-02/BJC – Continuing Contracts for Miscellaneous Roof Repairs and Roof Inspection Reports with Sunshine Roofing & Consulting, Inc. of Orlando and The Roofing Connection, Inc. of Casselberry (November 5, 2004 through November 4, 2005) (Not-to-exceed $200,000/year combined).

13.  Approve ranking list; authorize negotiations, and award Master Agreements, as shown on page _______, for PS-5166-04/TLR – Architectural & Engineering Services for Construction Projects, which cost under $500,000, with Bentley Architects & Engineers, Inc., GLE Associates, Inc., and Starmer Ranaldi Planning & Architecture.

14.  Approve Amendment #4, as shown on page _______, to PS-578-00/BJC – Construction Engineering and Inspection Services for Lake Mary Boulevard/Silver Lake Boulevard - Phase III and East Lake Mary Boulevard/Silver Lake Drive Extension Segment I, with AB/WCG - Joint Venture of Maitland ($75,140.02).

15.  Approve Amendment #3, as shown on page _______, to RFP-4118-01/BJC - Billing and Collection Services for Seminole County EMS/Fire/Rescue Division with Advanced Data Processing, Inc. of Miami (add two years to the contract term).

16.  Approve Renewal #2 to RFP-4168-02/BJC - Collection Services for Public Defender Liens/Finance, Environmental Services Department/Utilities Division, Public Safety/Animal Control, and Library & Leisure Services, with Merchants Association Collection Division, Inc. of Tampa (October 25, 2004 through October 24, 2005) (18% of collected accounts).

17.  Approve Amendment #7, as shown on page _______, to BD-260-01/BJC – HVAC Maintenance and Repair Agreement, with The Trane Company of Orlando ($115,961.31).

18.  Approve Proprietary Source Procurement and authorize the issuance of a Purchase Order for the purchase of the annual ESRI Maintenance with ESRI, Inc., Redlands, CA ($60,309.52).

 

Library & Leisure Services

19.  Approve amendment of Section 5.4 of the Seminole County Administrative Code allowing the Seminole County Historical Society to host special events, including fundraisers, at the Museum of Seminole County History; and adoption of appropriate Resolution #2004-R-154, as shown on page _______, amending the Administrative Code. 

 

Planning & Development

Community Resources

20.  Approve and authorize Chairman to execute the Satisfactions, as shown on page _______, of Second Mortgage for households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program as follows:  Curtis and Jacalyn Watson; Michael A. and Sherri L. Murphy; Rhonda Travis; and Juanita Williams. 

Development Review

21.  Approve Minor Plat for Seaver Estates Subdivision a two (2) lot minor plat on approximately 5 acres located on East SR 46 and Justamere Road, Lot 1 zoned C-2 and Lot 2 zoned A-5 (Eric and Sherri Seaver).

22.  Approve Minor Plat for replat of Heathrow Woods Phase 5, located at 200 Shiloh Cove (Brian L. and Doris R. Cameron).

 

Public Works

Road Operations/Stormwater

23.  Approve release of Road Maintenance Bond #3SM04422300 in the amount of $2,360.00 for the project known as Crosswinds Communities. 

24.  Approve and authorize Chairman to execute Second Amendment, as shown on page _______, to the Agreement with the University of South Florida for work on the Seminole County Watershed Atlas Project. 

 

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

 

County Attorney’s CONSENT AGENDA

 

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

Property Acquisition

25.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 130 of the Lake Drive road improvement project, located at 2000 Lake Drive, Casselberry, in the amount of $60,000.00, with no fees or expenses incurred; Paul E. Carter property.

26.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 109 of the Lake Drive road improvement project, located on the south side of Lake Drive one-half mile west of Tuskawilla Road, within unincorporated Seminole County, in the amount of $50,000.00, with no fees or expenses incurred; Walter W. and Jill B. Stephens property.

27.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 115 of the Lake Drive road improvement project, located at 4810 East Lake Drive, Winter Springs, in the amount of $26,500.00, including attorney fees and expert costs incurred; James F. and Sandra K. Outlaw property.

28.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel No. 124 of the Lake Drive road improvement project, located at 2031 Center Drive, Casselberry, in the amount of $413,200.00, with minor costs and no attorney fees incurred; Elmer D. and Barbara A. Bakalla property.

 

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

 

Constitutional Officers’ Consent Agenda

 

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

Clerks Office

29.  Expenditure Approval Lists, a shown on page _______, dated August 2 & 9, 2004.

 

30.  Chairman to execute Satisfaction of Judgment/Court Cost for Patrick Ralph Dinardo, #92-244-CFA - $225.

 

31.  Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Hugh Christopher Jackson and Accredited Surety & Casualty, #03-113MMA - $538.

 

32.  Approval of BCC Official Minutes dated July 27, 2004.

 

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

1.  Purchase Agreement, as shown on page _______, for Lake Drive, Parcel No. 1739, with Robert J. and Diana Isaac, per Binding Written Offer approved on June 8, 2004.

 

2.  Memorandum to Sandy McCann from Jean Abi-Aoun, Planning & Development, regarding P&D outstanding documents.

 

3.  Maintenance Bond, as shown on page _______, for water and sewer in the amount of $890 for Jornat Properties.

 

4.  Maintenance and Escrow Agreement, as shown on page _______, for paving and drainage and Cash Bond in the amount of $2,420.00 for Iglesia Cristiana Hispana.

 

5.  Amendment #1, as shown on page _______, to Work Order #78 for FC-1139-00, JCB Construction, Inc.

 

6.  Work Order #18, as shown on page _______, to PS-585-01, Bentley Architects & Engineers, Inc.

 

7.  Work Order #29, as shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping.

 

8.  Work Order #11, as shown on page _______, to CC-1222-03, APEC, Inc.

 

9.  Agreement CC-1240-04, as shown on page _______, with Sunshine Building & Development, as executed by Peter Maley, Contracts Supervisor.

 

10.  Work Order #2, as shown on page _______, to PS-5142-02, Horizon Engineering Group, Inc.

 

11.  Work Order #5, as shown on page _______, to CC-1188-02, The Roofing Connection, Inc.

12.  Work Order #13, as shown on page _______, to PS-5116-02, Keith & Schnars, P.A.

 

13.  Work Order #12, as shown on page _______, to PS-566-00, BCI Engineers & Scientist, Inc.

 

14.  Amendment #2 to Work Order #3, as shown on page _______, for PS-537-99, Bowyer-Singleton & Associates, Inc.

 

15.  Work Order #80, as shown on page _______, to PS-590-01, Professional Engineering Consultant.

 

16.  Notice of hearing and prehearing from the Florida Public Service Commission regarding Docket No. 031047-TP, Petition of KMC Telecom III LLC, KMC Telecom V, Inc., and KMC Data LLC.

 

17.  Second Amendment, as shown on page _______, to Term Contract, IFB-3060-03, Asphalt Recycling, Inc.

 

18.  First Amendment, as shown on page _______, to Agreement, RFP-4104-01, Snack Time Vending, Inc.

 

19.  Notice of Order Suspending Proposed Final Rates and Granting Interim Rates Subject to Refund from the Florida PSC regarding Utilities, Inc. of Eagle Ridge.

 

20.  Work Order #10, as shown on page _______, to CC-1222-03, APEC, Inc.

 

21.  Work Order #28, as shown on page _______, to PS-5129-02, Lochrane.

 

22.  Amendment #2 to Work Order #8, as shown on page _______, for PS-561-00, Inwood Consulting Engineer.

 

23.  Sixth Amendment, as shown on page _______, to HVAC Maintenance and Repair Agreement with The Trane Company.

 

24.  Amendment #1 to Work Order #43, as shown on page _______, for PS-556-00, DRC Engineering Services, Inc.

 

25.  Amendment #1 to Work Order #16, as shown on page _______, for PS-585-01, Jacobs Facilities, Inc.

 

26.  Contract #M-445-04, as shown on page _______, Advanced Concepts, Inc.

 

27.  Change Order #1, as shown on page _______, to Bid Contract #298-04.

 

28.  Work Order #3, as shown on page _______, to PS-5177-02, AVCON Inc.

 

29.  Work Order #18, as shown on page _______, to PS-5130-02, Ardaman & Associates, Inc.

 

30.  Work Order #1, as shown on page _______, to PS-5151-03, BCI Engineers & Scientist, Inc.

 

31.  Work Order #5, as shown on page _______, to PS-5102-01, PBS&J.

 

32.  First Amendment, as shown on page _______, to PS-5142-03, Horizon Engineering Group, Inc.

 

33.  Fourteenth Amendment, as shown on page _______, to PS-332-96, Bowyer, Singleton & Associates.

 

34.  Recorded Quitclaim Deed, as shown on page _______, between the State of Florida, DOT, and Seminole County regarding the Joint Participation Agreement approved on August 25, 1998.

 

35.  Bids, as shown on page _______, as follows:  RFP-4224-04; CC-1241-04; and PS-5167-04.

 

Sheriff’s Office

34.  Approve and authorize Chairman to execute the Acceptance, as shown on page _______,  of the Weed & Seed Grant award.  The U.S. Department of Justice awarded the Seminole County Sheriff’s Office the Weed & Seed award in the amount of $225,000.  The funds will be used for the continual improvement in the three officially designated Weed & Seed sites of Midway, Winwood, and Georgetown. 

35.  Approve expenditure of $1,000 from the Law Enforcement Trust Fund to contribute to the Salvation Army in Sanford in support of the Family Focus Program in accordance with Chapter 932.7055(4)(a), Florida State Statutes.

 

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

 

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     Chairman McLain recessed the meeting at 10:13 a.m. and reconvened it at 10:27 a.m.

Regular Agenda

 

     Rebecca Hammock, Principal Planner, addressed the Board to present request for approval of Minor Plat of a one lot minor plat with waivers to Sec. 35.122 Minor Plat approval criteria for frontage on a public road.  The property is a vacant 4.908 acres zoned A-1 located west of Alafaya Trail on Lake Drive (Stephen Ratcliff representing Lyle Brown). 

Ms. Hammock stated staff recommends approval of the Minor Plat for the following reasons:  (1) this is the last vacant parcel to be served by the Lake Drive easement; therefore, it will have minimal impact; (2) through the minor plat process, the wetlands on the subject parcel are being placed in a conservation easement and will, therefore, prevent them from ever being impacted by further subdivision; and (3) the County approved a two-lot minor plat for McConnell Office Estates which also utilizes the Lake Drive easement for access.

District Commissioner Maloy said this is basically a dead end road where this project is not going to create any additional traffic, so he thinks it is a reasonable request.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Lyle Brown Minor Plat, a vacant 4.908 acre property zoned A-1 located west of Alafaya Trail on Lake Drive; Stephen Ratcliff representing Lyle Brown, subject to the staff’s recommendations.

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

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     Linda Eiland, Risk Management, and Andrea Hart, County’s Risk Management Consultant, addressed the Board to request authorization to renew the County’s benefit programs for Group Health Insurance, Long-Term Disability, Short-Term Disability, and Cancer, Flexible Spending Account, and COBRA Administration. 

Ms. Eiland stated the Risk Management Committee recommended the renewals, including with United Healthcare with an 8.64% increase.

Ms. Eiland advised of one change that reflects the changes by United Healthcare.  She said as of this morning, United Healthcare has agreed to remove the co-pay for annual physicals at no additional cost to the County.  Also, the Risk Management Committee had a concern that United Healthcare had removed the limit on co-pays for those who were receiving long-term treatments such as cancer, so the Committee is recommending removing the co-pay on out-patient surgery so that will also be a zero co-payment.  She said the two adjustments will not increase the negotiated rate as they are already included.

Chairman McLain thanked the staff for doing a great job on this.  He thinks the County has a very reasonable increase, based on the healthcare industry.  He recommended renewing the programs; however, he said he thinks it is time next year for the County to look at some other options available.

Commissioner Morris thanked the Chairman for his work on this as well.

     Motion by Commissioner Morris, seconded by Commissioner Henley, to authorize renewal of the County’s benefit programs and authorize the Chairman to execute Agreements, as shown on page _______, as follows, and based on the Chairman’s recommendations:  Group Health Insurance with United Healthcare at an 8.64% increase for one year; renewal of Long-Term Disability with Reliance Standard with a 10% increase for one year; and renewal of Short-Term Disability and Cancer with Professional Insurance Corporation; Flexible Spending Account and COBRA Administration with Employee Benefits Corporation for a two-year period.

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

County Manager’s Briefing

 

     Ken Roberts, Public Safety Director, addressed the Board to give a general review of the events and activities surrounding Hurricane Charley.  (A Briefing Information packet was received and filed.)  He thanked Seminole Community College and Dr. McGhee for their efforts in allowing the County to use that facility and for the logistical staging.  He thanked all the County departments and the Board during this emergency.  He said everyone responded well and he thinks they all did a good job.  He showed a video (not received and filed) of work being done since the hurricane.

     Chairman McLain said he has discussed with Mr. Grace the subject of Seminole County having its own AM radio station to broadcast to the County’s citizens.

     Mr. Grace stated that was the biggest frustration he encountered with folks talking about how they could not get any information about Seminole County.  He said the radio would only be activated in an emergency situation and basically only for Seminole County.  He said he would talk to the radio stations about having Seminole County on at a set time. 

     Commissioner Maloy suggested what might help with the ice and water distribution is to get the word out before the storm comes where ice and water will be available.  Mr. Grace said you might not have some of those sites sometimes.  You really don’t know before the storm where the hardest hit areas will be.  They can have some of the fire stations designated.

     Commissioner Morris said he believes the County’s communication was very weak in the beginning and it strengthened after four or five days into the incident.  He said Orange County seemed to be ahead of Seminole on the water and ice distribution.  When Seminole County got geared up, the stores were having water and ice also.  He said maybe the County needs to make the Cities feel more warm in a situation like this because it is critical to coordination.  When the County speaks, it needs to speak for the Cities and that’s where another mistake was made.  Half of the residents live in the Cities and the County needs to be fully reporting for them also.  If the County cannot get the assessment information from the Cities, then County crews need to be sent out to get the information.  Commissioner Morris said he is also concerned about the mosquito issue that is not a coordinated effort with the Cities.  It is not going to do any good if they don’t do full coordination. 

     Commissioner Morris requested that on the aftermath reports, he would be like to see a policy member of the Board attend those meetings--the Chairman or his designee--so they can be involved and see what the issues are. 

     David Gregory, Solid Waste Manager, and Mark Flomerfelt, Stormwater Manager, addressed the Board to give an update (copy received and filed) on the debris removal.

     Regarding sweeps of the unincorporated areas, Commissioner Morris said he thinks it might be helpful to send mail-outs telling the citizens what days the sweeps will be done.  He said he recognizes on the initial sweep staff might have a problem, but they can set a date and inform people after that.

     Chairman McLain said staff might also put some posters on the telephone poles to let citizens know the dates.

     Commissioner Maloy suggested in the hardest hit areas, it would be nice to have flash messages on the portable road signs showing when pick-ups will be.  He said the reverse 9-1-1 could be the tool used to get the message out.  He also said if a resident wants to take his yard material to the landfill, the County should waive the fee to do so. 

     Chairman McLain said residents do not have to pay.  Mr. Grace said those in the unincorporated areas do not have to pay.  Whereupon, Commissioner Maloy said to the average citizen it doesn’t make sense to get charged when he is trying to help the County in removing the debris.  He asked why can’t the County waive the fee, at least to go to a temporary site.

     Mr. Flomerfelt stated they are also trying to deal with volume.  They are looking at a million yards of debris just in unincorporated Seminole County with another million in the cities.  If there are a lot of trucks on the road with landscape trailers and local traffic, that is going to get the landfill and the roads to the landfill more congested than if the residents leave the debris and let the County pick it up.

     Mr. Grace said they are concerned with bottlenecks at the landfill and transfer stations if they encourage the Moms and Pops and pickup trucks to come out and put the debris into the queue.  

     Commissioner Maloy suggested expanding the hours between 5:00 p.m. and 7:00 p.m. for residents to bring the material on their own.  Whereupon, Mr. Gregory advised that pickups are from 7:00 a.m. to 7:00 p.m. and the transfer stations are open from 7:30 a.m. to 5:30 p.m.

     Commissioner Van Der Weide stated he was at the EOC Center and was very impressed with the activity and dedication that was taking place.  It was real obvious that there was a communication problem.  He thinks if they could go with a low frequency AM radio band to communicate with all the citizens, that would solve that problem.  The other problem he is hearing about from different people over the County is that they want the trash gone now.  He said everyone needs to be debriefed and reevaluated for the next problem.  He said the hurricane didn’t come exactly where they thought it would and it was only until the evening that it changed directions and came up I-4 and that caught a lot of people by surprise. 

     Mr. Grace said his idea is to visit what the County did well and did not do so well.  Whereupon, Commissioner Van Der Weide said he would like to have a report after that process.  Mr. Grace said after this meeting, he was planning to come back to the Board in a public meeting and discuss that.  Commissioner Van Der Weide said they certainly need to make sure to review the County’s cooperation with the different cities and their activities.  Overall, he thinks the County was very, very lucky.

     Commissioner Henley questioned why the transfer stations could not be open till 7:00 p.m. as Commissioner Maloy suggested.  Mr. Grace said he thought that was a good idea.

     Mr. Flomerfelt noted that it’s a manpower staffing issue. The employees don’t leave now until about 8:00 p.m. or 9:00 p.m., and they will be there longer if the hours are extended, possibly until 10:00 p.m. or 11:00 p.m.

     Mr. Gregory said they could look at extending hours for the smaller loads only.  Chairman McLain said to consider the time from 5:30 p.m. to 7:30 p.m. for light loads by residents and for staff to keep a log of that.  He said it is important to realize the County has to pay for the tipping fees whether the County charges the residents or not.  There needs to be a way to get reimbursement from FEMA. 

     Mr. Flomerfelt reported on the Public Works recovery items.  He said his staff worked with the National Resource Conservation Service during the tornado debris and, currently, they are looking at funding up to $18 million worth of debris removal projects within the canals and ditches in the County.  Two large projects are the Smith-Canal area and the Howell Creek area near Red Bug/Tuskawilla.

     Chairman McLain said the key to remember is that the cleanup is not just the debris on the ground being pulled to the roadside.  There are a lot of broken tree branches that must be trimmed.  A very important issue is the stormwater system and all the debris that’s in there.  He thinks they are looking at a long debris removal process. 

     Mr. Flomerfelt said County Engineer, Jerry McCollum, is working with DOT and the Federal Highway Administration on removing debris and restoration of the roads on the federal aid system, which include a lot of the secondary roads.

     Chairman McLain said he thinks this was the largest disaster the County has had when it comes to the affect on people.  He is very proud of the way the County performed.  There are some improvements to be made and they have discussed those.  He wants to participate in the meetings with Mr. Grace so the Board can make sure the adjustments necessary to the action plan for the future.  He said he doesn’t want to take away the incentive of homeowners who want to take the initiative to pick up and take loads to the landfill.  The staff just needs to keep good records of that.

     Commissioner Van Der Weide stated there are restrictions as to what you can haul in the trailer, and the public needs to be notified of that. 

     Chairman McLain said they did have a queuing problem at the landfill, and he suggested to Mr. Grace that they have a couple of additional alternate sites.  He wants to get the crews in and out with their dumps and not have them sitting and waiting.  Mr. Grace said Mr. Fisher is working with a couple of the landowners on getting some kind of staging areas for backup sites if needed.

     Mr. Grace advised Commissioner Maloy that staff has been sticking with the policy as far as waiving fees.  He said he has spoken with Mr. Gregory about being able to notify residents of how long it’s going to take to clean up the neighborhoods.  The workers are still trying to get a sense of how long it will take, and hopefully, within the next couple days they can start getting proactive information out on where they will be.

     Commissioner Maloy said on the County’s tree requirements for site plans for future developments, where trees are under power lines, he thinks the rules need to be set so there are no canopy trees, but use under-story trees.

     Commissioner Van Der Weide agreed and said the trees need to be planted throughout the site, but not under the power lines and/or use bushes.

     Commissioner Morris noted that the same trees provide the windbreak that prevents a lot of building damage, so there is a benefit to having the trees.  He said he is strongly suggesting the County notify the residents of a planned clean-up date.  He said they need to recognize where the most impact to the most populations is.  When there are 3,000 to 5,000 people living in the rural area and 180,000 in the unincorporated urban areas, he believes it would be wise to do more trash pickups in the urban areas with the big sweeps.  There was a lot of attention given to Chuluota, but there were 180,000 other citizens without power too.  He said it is easier to clean up the areas with houses side by side.  He would like to see the difference between Florida Power & Light and Florida Power (Progress Energy) in their operations and how that works.  The public needs to understand who a good corporate citizen is and who isn’t; who responded well and who didn’t; and who communicated well and who didn’t.  He would also like to see a report with 24 hours on what’s going on with the TV cable; particularly, Time Warner (Bright House).  He said the County is responsible for that cable franchise to the citizens.

     Lisa Spriggs, Fiscal Services Director, and Patty Cummings, Budget Manager, addressed the Board to give the financial preliminary status report regarding Hurricane Charley.  Ms. Cummings distributed a handout (received and filed) of the preliminary damage assessment totaling $75,500,000.

     Ms. Spriggs said they have been working with FEMA representatives on coordinating the debris removal and preparing the preliminary damage assessment.  This assessment is used for FEMA to be able to gather information on the storm as a whole, and FEMA will declare how much assistance will be provided to counties under that declaration.  She advised the State will also use this information.  Ms. Spriggs stated the estimates are high amounts so the coverage would be there for any unidentified costs.  She reviewed the different categories of the assessment covering (A) Debris Removal, (B) Emergency Protective Measures, (C) Roads and Bridges, (D) Water Control Facilities, (E) Buildings & Equipment, (F) Utilities, and (G) Parks, Recreational & Other.  She explained another area where the County may receive funding assistance from is with roads that are considered under the Federal Highway System.  She talked with DOT and emergency relief funding might be available for these roads, as opposed to the FEMA funding. 

     Ms. Spriggs said this initial preliminary damage assessment was submitted by the FEMA representatives late last week.  Yesterday, DCA representatives came to Seminole County and spoke with the County and other local government officials, and she submitted the County’s application for public assistance.  The next step would be for DCA to assign a Public Assistance Officer to the County, and he will hold meetings and get a handle on the damage assessment.  Until she finds out what the actual specifics of the declaration are, she can go by the FEMA regulations to determine what she thinks is eligible or ineligible costs.  FEMA will reimburse 75%; however, they may declare a higher percentage.  The 75% reimbursement would be $56.6 million.  The local match is 25%, $18.9 million, and that amount is typically shared by the local government and the State.  If the State shares the local match at 50-50, the amount for the County would be $9.4 million.  She advised she does not know until it is decided what the actual declaration will be.  At this point, staff will work closely with the assigned Public Assistance Officer to determine what the County estimates are, and they will go through the Categories C through G and sign off on the larger projects.  Then staff will be able to report back to the Commissioners with better estimates and what would be eligible or ineligible.  Staff is now working with the County departments to establish more accurate estimates under the FEMA guidelines.  She said under Category G, the County can submit special issues for considerations for reimbursement. 

     Mr. Grace explained that these numbers are the worse case scenarios.  He advised Commissioner Maloy that they will probably not know specific numbers before the budget hearings. 

     Commissioner Henley asked if Mr. Grace and staff have been able to determine where the County will be able to get the money for next year’s budget to cover the outlays for the hurricane’s damage.  Whereupon, Chairman McLain said one of the things they need to do is talk to the County’s bondholder on the landfill and if they will allow the County to use some of those revenues from the tipping fees to assist the County in overcoming the shortfall.  He thinks that’s where the answer is. 

Mr. Grace said he is working on that.  He thinks the three primary sources are the Solid Waste revenues, General Fund reserves, and the Transportation reserves.  He is proposing to have a plan in place on what would be cut and what they will do to raise the money. 

     Commissioner Henley said he thinks it is important before they go to the public hearings to have some idea in mind as to how this is going to impact the budget; otherwise, they will have to completely redo the budget through budget amendments.  This situation brings the message that they have not been putting enough into the reserves in the budget, and that is an area they need to address in the future.

Commissioner Morris stated when generating these numbers, the Board needs to give policy direction that under no circumstances will the Board increase fees or increase taxes.  Mr. Grace said he understands that.  Commissioner Morris said the Board also has the ability to do multi-year financing and to use the utility funds. 

Mr. Grace stated he is confident that staff can come up with a plan within the budget to fund it.  Commissioner Morris said when he has that done, they need to inform the citizens as best as possible of what is going to happen, so the citizens know their government is secure in dealing with the issues and the people aren’t saying, “where is all this money going to come from.” 

Commissioner Morris asked that staff does not provide unclear information.  When they publish figures, the taxpayers need to know the unincorporated and total County figures.  He said get the numbers from the Cities.  He said it would be nice to have the figures for incorporated and unincorporated residential damages and business damages. 

Ms. Spriggs said they have put together a working group with the Cities to go through the whole public assistance process.  Commissioner Morris said on the communications with the Cities, the Board is asking to see the numbers so they can see what is being talked about.  He said more than half of the citizens they talk to reside in the Cities. 

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Ms. Spriggs requested Board’s discussion and consensus on the fiscal year 2004/2005 proposed budget for preparation of the First Public Hearing, September 10, 2004.

     Chairman McLain advised he asked that Opportunity Seminole be added to the list for the proposed budget.  He explained this project is one that will identify in targeted areas those individuals who need help with job skills and will develop a curriculum for them to get into the work force and partner them with businesses.  He asked that this be put into the budget for two years at $50,000 each year.  He thinks the money can be brought out of the dollars that the Port Authority has given the County for economic development.  He is looking for this program to kick off in January, 2005.

     Ray Gilley, Mid-Florida EDC, stated this program is something that’s been in discussion for at least about a year.  It would be a six-week program with one or two days per week training.  At the end of the program, they will identify job opportunities for the people.  There are a number of great partnerships and individuals who will help in the planning.

     Chairman McLain said he was speaking with some of the members of Leadership Seminole, who are looking for a program to support, and he thinks they are interested in this one.  He is very excited about this program, and he hopes the Board can support it.

     Commissioner Henley said he thinks this a step in the right direction, but he is not sure they are going far enough.  It is important to get the businesses involved, but also they need to get the public school system involved.  He said he would support the program.

     Commissioner Morris asked about the $1.5 million designation in reserves for libraries.  Mr. Grace said they can do that.  Chairman McLain said the Board might have to revisit that.  Commissioner Morris said he was suggesting that’s not some “sacred cow.”  The Board is committed to the library expenditure and other issues, and they can still put them in the budget, but may have to finance them a different way.  He asked that when Mr. Grace brings this back, he would like to see a hiring freeze, as a minimum the new positions in the budget, except for those funded by grants.

     Upon inquiry by Mr. Grace, the Board gave consensus to fund $25,000 for the defibrillators.

     Commissioner Henley shared with the Board the City of Casselberry’s concerns that they are the only city in the County that does not have trails.  They have come up with what they would like to see happen in the City.  They have indicated that the County would not have to purchase a lot of right-of-way.  Commissioner Henley said he would like to add this to the list of funding considerations and ask staff to look at the feasibility of their plan.  He thinks the City has a good argument.

     Commissioner Morris said City Commissioner Doerner has met with him and Commissioner Henley on this.  The City is united on this issue relative to a downtown plan that would have connectivity to the County’s park system. 

     Chairman McLain said he thinks if the City were not included, the County would not have a complete program. 

     Mr. Grace said staff would look at this request and come back with some recommendations.

COUNTY ATTORNEY’S BRIEFING

     Mr. McMillan reported the County got a favorable ruling and the Court upheld the Board’s denial of the Comprehensive Plan amendments and the rezonings on the Chase Grove’s PUD and DRI amendments (Dr. Hardwick’s property). 

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     Mr. McMillan advised one of his office positions has been filled.  The new attorney is Al Schwartz (phonetic) formerly of Chicago, and he will be working at the Reflections Office.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Maloy stated he was very impressed with how quickly the roads were cleared after the hurricane. 

     Chairman McLain said he doesn’t want this morning’s briefing to be clouded with the fact that anybody who worked for the County during that difficult time is not appreciated.  The Board understands the hard work they did and the sacrifices they made and anything the Board had to say today was constructive criticism to address for future concerns, and that is the Board’s responsibility.  They will continue to work together to make sure the next time this might happen, they will fare much better.

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     The Board recessed at 11:45 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

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 into the Official Record. 

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

CONSIDERATION OF HOME RULE

CHARTER AMENDMENT, CONTINUED

 

     Continuation of a public hearing to consider adopting an Ordinance proposing amendments to the Seminole County Home Rule Charter, through a referendum vote, that will designate a Rural Boundary, establish a Rural Area and provide that the Seminole County Comprehensive Plan shall control Land Use within said Rural Area, as described in the proof of publication. 

     Planner, April Boswell, addressed the Board to advise at the August 10, 2004 BCC meeting, the Board decided to exempt those properties currently within the municipalities of Winter Springs and Oviedo that also are within the Rural Area.  She further advised the Board continued action of this item in order to allow staff time to revise legal descriptions and scriber’s errors.  She said those changes have been made.  She stated that the County Attorney’s office has also revised the proposed ballot language to clarify that authorization for boundary amendments applies to “future changes reducing the size of the Rural Area”. 

     City of Lake Mary Manager, John Litton, addressed the Board to submit a letter (copy received & filed) voicing the City’s concerns with the proposed charter amendment. 

     City of Winter Springs Commissioner, Michael Blake, addressed the Board to advise the City Commission, at their meeting last night, adopted a resolution (copy received & filed) stating their intent to adopt a temporary moratorium on annexations, land use changes and expansion of city utilities within the Rural Area (Black Hammock).  He said this is a huge move by the City and in doing so they hope the County will take another look at the referendum question and understand this is a way for everyone to win.  He stated they will protect the area and work toward a real effective joint planning agreement.  He explained that because of the lack of time, Oviedo City Commission has not been able to pass a similar resolution, but they have assured him they will take up the issue in chambers. 

     Commissioner Morris commended Commissioner Blake for his work on the City’s resolution.  He noted that the moratorium by Winter Springs is contingent upon the City of Oviedo adopting a similar moratorium and the Board does not know what Oviedo’s position will be on that.  He said the next scheduled meeting of Oviedo City Commission is not until September 7. 

     Casselberry City Mayor, Bruce Pronovost, addressed the Board to state the City of Winter Springs is trying to come up with a reasonable solution to this problem.  He said the Mayors/Managers group is a way to explore and develop reasonable recommendations for a land use policy for the rural area.  He urged the Board to delay this amendment so that this issue can be worked out in partnership together. 

     City of Casselberry Vice Mayor, Al Clark, addressed the Board to state he understands what the County is trying to do; however, individual property owners will be losing some of their options.  He said he believes that growth keeps the economy going and the County should sit down with the Cities and work out an agreement. 

     No one else spoke in support or in opposition. 

Speaker Request Forms and a Written Request Form were received and filed. 

Upon inquiry by Chairman McLain, County Attorney Robert McMillan advised that the Supervisor of Elections has said that the deadline to put this charter amendment on the ballot is September 7. 

     Commissioner Henley stated he appreciates the Cities’ positions.  He said he believes this issue brings to the forefront a lot of issue that they have for the entire County.  He stated Seminole County is a small, compact County with a high population.  He further stated that the County needs to come to an agreement with the municipalities on land use and zoning.  Also, he believes there are a lot of duplication of services between the Cities and the County, which is costly, and it seems to him that intelligent people can look at the services rendered and see who can best render those services in the most economical way.  He said that he is not advocating being a Duvall County; but some consolidation could be done.  He added that he would be willing, if time permits, to delay this to see if an agreement cannot be reached. 

     Chairman McLain stated he could call a special meeting of the BCC in order to give Oviedo more time to consider a moratorium. 

     Attorney McMillan informed the Board that the moratoriums could be repealed by the Cities at any time.  He advised another alternative would be to do the charter amendment with it expiring on January 1, 2007, and if an agreement is reached, then the amendment would expire.  Discussion ensued. 

     Commissioner Morris stated the issue of what this ordinance and charter amendment is, is grossly exaggerated and mistakenly feared. 

     Commissioner Van Der Weide stated he can support the alternative and questioned if the Cities were aware of it. 

     Attorney McMillan stated he has a draft of the alternative proposal that he can make available to the Board. 

     The Chairman suggested a recess at this time in order for Mr. McMillan to provide copies of the alternative proposal. 

     The Board recessed at 2:10 p.m., reconvening at 2:26 p.m., this same date. 

     Attorney McMillan distributed copies of the alternative ordinance proposal (copy received and filed) and explained the changes.   He advised the amendment would expire on January 1, 2007 and the ordinance makes it clear that this is a temporary provision. 

     Commissioner Morris suggested the Board could give Winter Springs a chance to work with their fellow commissioners in Oviedo to see if they would be agreeable to a moratorium.  He said the BCC could hold a special meeting next Thursday and still meet the deadline to put the issue of the ballot. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue consideration of adoption of an Ordinance proposing amendments to the Seminole County Rule Charter, through referendum vote, that will designate a Rural Boundary, establish a Rural Area, and provide that the Seminole County Comprehensive Plan shall control Land Use within the Rural Area until the BCC Special Meeting on September 2, 2004 at 10:00 a.m., or as soon thereafter as possible. 

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

REQUEST TO VACATE & ABANDON LANARK ST. ROW,

BRAD HESTER/LOWNDES DROSDICK, P.A., Continued

 

     Continuation of a public hearing to consider a request to vacate and abandon a 40 foot wide by approximately 1965.03 foot section of Lanark Street (approximately 1.8 acres) abutting Lots 90, 91, 103 through 110 and Lot 115, Eureka Hammock, to incorporate a portion of the vacated right-of-way into the Lake Jesup Woods subdivision, as described in the proof of publication, Brad Hester/Lowndes Drosdick, P.A. 

     Planner, Michael Rumer, addressed the Board to present the request, advising this item was continued from the August 10 meeting in order to obtain an easement over the right-of-way to retain the County’s interest for a trail and to insure connectivity for the trail system.  He stated that since that meeting, staff has received the easement and is recommending approval of the vacate.  Copy of trail easement was received and filed. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-151, as shown on page _______, vacating and abandoning a 40 foot wide by approximately 1965.03 foot section of Lanark Street (approximately 1.8 acres) abutting Lots 90, 91, 103 through 110 and Lot 115, Eureka Hammock, to incorporate a portion of the vacated right-of-way into the Lake Jesup Woods subdivision, as described in the proof of publication, Brad Hester/Lowndes Drosdick, P.A. 

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

CONSIDERATION OF THE SEMINOLE

COUNTY PORT AUTHORITY BUDGET

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the proposed Seminole County Port Authority Budget for Fiscal Year 2004/2005, received and filed. 

     Executive Director of the Port, Dennis Dolgner, addressed the Board to present the Port Authority’s proposed budget for FY 04/05 (copy of budget was received & filed).  He advised that the total operational budget is $2,168,434.  He further advised the Board of Directors has elected to construct a 27,000 square foot building as Phase VI of the Small Business Center and has agreed to transfer $300,000 to Seminole County’s General Fund in January, 2005 ($200,000 to the Jobs Growth Incentive Trust Fund & $100,000 to the Small Business Development Center). 

     Upon inquiry by Chairman McLain, Mr. Grace advised in the past, there has been no restriction on how those monies are used; however, at the joint meeting, the consensus of the Board was to use that money for economic development purposes. 

     Chairman McLain stated that once the Board receives the funds, he hopes they will be able to allocate those as best as they see fit. 

No one else spoke in support or in opposition. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the Seminole County Port Authority Budget for Fiscal Year 2004/2005, as described in the proof of publication. 

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

CONSIDERATION OF CODE AMENDMENT RE:

CRUELTY TO ANIMALS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider proposed changes to Chapter 20 of the Seminole County Code, Section 20.16, Cruelty to Animals to include the deprivation of shelter and protection, received and filed. 

     Animal Control Manager, Mike Wittmer, addressed the Board to present the request. 

     No one spoke in support or in opposition. 

     Copy of Written Comment Form was received and filed. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2004-35, as shown on page _______, approving proposed changes to Chapter 20 of the Seminole County Code, Section 20.16, Cruelty to Animals, to include the deprivation of shelter and protection. 

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

CHAIRMAN’S REPORT

 

     Chairman McLain advised of request for Seminole County to partner with the Wekiva Assembly of God, Sheriff’s Office, Seminole County Volunteer Program, Northland Churches, Sam’s and Wal-Mart, Lyman High School, 88.3 Radio, and other organizations and churches to rehab at least 15 homes in Seminole County over the September 11 weekend.  He further advised staff is recommending a contribution of $25,000 be placed in an escrow account at Lowe’s for supplies and building materials.  He added that funds are available through the SHIP Program.  Copy of Memorandum regarding the WWIN 2004 Project was received and filed. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve $25,000 to be placed in an escrow account at Lowe’s for supplies and building materials for the WWIN 2004 Rehab Project. 

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

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     The Chairman recommended a 4% salary increase for County Manager Kevin Grace along with a contribution to his retirement service in order to bring same up to 2%. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve a 4% salary increase and a contribution to retirement service for County Manager Kevin Grace in order to bring the retirement level up to 2%. 

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

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     Chairman McLain expressed his appreciation to all the County employees and volunteers who have gone above and beyond the call of duty in the Hurricane Charley clean-up and restoration effort.  He said almost immediately all the major roads were open and in less than 48 hours, all the County’s traffic signals were in operation.  He also said all the lift stations were functioning.  He added that as discussed this morning, he believes the AM radio station is a must. 

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     Chairman McLain advised his wife was admitted to the hospital last night and is now doing well and will be checking out soon.  He thanked everyone for all the “get well” wishes. 


DISTRICT COMMISSIONERS’ REPORTS

 

     Commissioner Maloy requested staff notify residents of the schedule for debris pick-up. 

COMMUNICATIONS AND/OR REPORTS

 

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

1.          Notice of 8/24/04 1st Street Repaving Project (from Orange Blvd. to Sylvan Ave.) Public Information Meeting.

 

2.          Notice of 8/19/04 Orange County/UCF Campus Development Agreement Public Hearing.

 

3.          Notice of 8/18/04 Seminole County Port Authority (SCOPA) Regular Board Meeting.

 

4.          Notice of 8/17/04 North Street Proposed Sidewalk Improvements Project (from I-4 to Palm Springs Dr.) Public Information Workshop.

 

5.          Copy of letter dated 8/9/04 to The Grove Counseling Center, Sanford, from Jane Peterson, Library Services Manager, re: appreciation of donation to the Casselberry Central Branch.

 

6.          Notice of 8/19/04 City of Oviedo Land Planning Agency & City Council public hearings-Special Exception re: Covenant Presbyterian Church. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

7.          Copy of letter dated 8/9/04 (with attachment) to Frank Clifton, Casselberry City Manager, from Kevin Grace, County Manager, re: interest by the Christian Sharing Center in county-owned property on Seminola Blvd.

 

8.          Copy of letter dated 8/10/04 (with attachment) to Kevin Grace, County Manager, from Gerald Seeber, Oviedo City Manager, re: Urban/Rural Boundary Charter Amendment.

 

9.          Notice of 8/23/04 City of Sanford public hearing-annexation re: property between School St./Church St. and N. White Cedar Rd./Monroe Rd. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

10.         Notice of 8/23/04 City of Sanford public hearing-annexation re: property between Narcissus Ave./W. SR 46 and Riverview Ave./CSX Railroad. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

11.         Notice of 8/23/04 City of Sanford public hearing-annexation re: property between E. Lake Mary Blvd./Pine Way and Brisson Ave./Park National Dr. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

12.         Letter dated 8/6/04 (with attachment) to BCC from Jim Williams, The Christian Sharing Center, re: county-owned property on Seminola Blvd. (cc: BCC, County Managers, Administrative Services)

 

13.         Notice of 8/19/04 City of Oviedo Land Planning Agency & City Council public hearing-preliminary development plan/development agreement re: Oviedo Forest PUD. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

14.         Letter dated 7/30/04 (with attachment) to Chairman McLain from John Saboor & Doug Barclay, Central FL Sports Commission, re: July activity report.

 

15.         Copies of letters dated 8/9/04 from Ken Roberts, Public Safety Director, re: appreciation for donations to Animal Services Division to: Lisa Phillips; Patricia Spaar; Joanne Lang; and Cornelia Dietzel.

 

16.         REVISED notice of 8/19/04 City of Oviedo Land Planning Agency & City Council public hearing-preliminary development/development agreement re: Oviedo Forest PUD. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)

 

17.         Copy of memorandum dated 8/13/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

18.         National Assoc. of Counties (NACo) 2003-04 Annual Report.

 

19.         Notice of 9/1/04 Council of Local Governments in Seminole County (CALNO) meeting.

 

20.         Notice of 8/18/04 Sanford Waterfront Master Plan Steering Committee meeting.

 

21.         Fax dated 8/17/04 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: cable hurricane recovery report.

 

22.         Memorandum dated 8/16/04 to BCC from Mary Kay Cariseo, FL Assoc. of Counties (FAC), re: Juvenile Justice Cost Shift legal challenge update.

 

23.         Memorandum dated 8/10/04 (with attachment) to BCC from Lisa Spriggs, Fiscal Services Director, re: budget change requests approved by County Manager and Fiscal Services Director, and financial transactions approved by BCC.

 

24.         Memorandum dated 7/9/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $35,000 for Sand Lake Rd. project.

 

25.         Memorandum dated 7/8/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $56,160 for Cross Seminole Trail project.

 

26.         Memorandum dated 7/8/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $111,000 for SR 434/Markham Woods Rd. Underpass @ Wekiva Trail.

 

27.         Memorandum dated 7/8/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $39,801 for Howell Branch Rd. Ph. I project.

 

28.         Memorandum dated 7/8/04 (with attachment) to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $48,000 for Waverly Way Stormwater Retrofit project.

 

29.         Copy of Executive Order #2004-01, as shown on page _______, Declaring State of Local Emergency, Hurricane Charley.

 

30.         MetroOrlando Economic Development Commission Highlights of Activities—July 2004.

 

31.         Copy of letter dated 8/13/04 to Bill Suber, Property Appraiser, from Cathy Collins, FL Dept. of Revenue, re: changes to 2004-05 Property Appraiser budget. (cc: BCC, County Managers)

 

32.         Notice of 8/27/04 US 17-92 Redevelopment Planning Agency (RPA) meeting.

 

33.         Letter dated 8/12/04 to Chairman McLain from Diane Crews, Orlando Sanford International Airport, re: truck traffic on Mellonville Ave. (cc: Traffic Engineer, County Engineer, Development Review Manager)

 

34.         Copy of memorandum dated 8/20/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.

 

COUNTY MANAGER’S REPORT

 

     Mr. Grace advised staff is putting together a proposed public information program for the Charter Amendment and will be presenting it to the Board at the Special Meeting on September 2, 2004. 

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     The meeting was recessed at 3:00 p.m., reconvening at 7:03 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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     Commissioner Henley gave the Invocation.

     Former Mayor of Longwood Elementary School, David Peters, led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

 

     Chairman McLain stated there are numerous class members of the Fourth Grade Class of Longwood Elementary School and their teachers in attendance this evening.  He stated the class has asked the Board to honor the heroes of Seminole County by making September 11 as Heroes Day.  Those in attendance are former Longwood Elementary School Mayor David Peters, former School Commissioners John Revels and Jacob Frisenda.  He said in attendance as well are Longwood City Mayor and City of Longwood Commissioner.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-148, as shown on page _______, proclaiming September 11 as “Hero’s Day in Seminole County”.

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

     The Board presented the Resolution to the class and their teacher, Tammy Uliano.

     Tammy Uliano, Longwood Elementary School Teacher, addressed the Board to state she is proud of her class as they took Heroes Day to the second level.  She stated the children’s hard work paid off and their voice made a difference.  She added she would like to thank the Board for acknowledging the children.

     Mayor Butch Bundy, City of Longwood, addressed the Board to thank the Board for doing a great thing for the children.  He stated if the children get involved in their local government, they could have an impact on what is going on. 

PUBLIC HEARINGS

 

     Chairman McLain stated the Board was notified that the applicants for the three scheduled public hearings have requested that their items be continued to the September 14, 2004 meeting. 

LAND USE AMENDMENT/REZONE/Javier Omana

 

     Continuation of a public hearing to consider request to approve transmittal of a Large Scale Land Use Amendment from LDR to PD, and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana.

     Matt West, Planning Manager, addressed the Board to state due to Hurricane Charley, the applicant has requested that this item be continued to the meeting of September 14, 2004.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to continue to September 14, 2004 at 7:00 p.m., or as soon thereafter as possible, request to approve transmittal of a Large Scale Land Use Amendment from LDR to PD, and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as described in the proof of publication, Javier E. Omana.

     Under discussion, Commissioner Maloy stated there have been two meetings on this issue and he feels that they can come up with a plan that will be satisfactory to all.

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

REZONE/Eric Wills

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from R-1AAA (Single-family Dwelling District) to R-1AA (Single-family Dwelling District), approximately 15.65 acres located on the southeast corner of the intersection of Orange Blvd. and Wilson Road, Eric Wells, received and filed.

     Mr. West advised the applicant is requesting a continuance to September 14, 2004.  He stated in order to keep from overloading the night meeting agenda of September 14, staff feels this could be continued to the 1:30 p.m. public hearings session.  He said he believes the applicant has not had an opportunity to brief the District Commissioner and he wanted to do that before the public hearing is held.

     No one spoke in support or in opposition of the continuance.

     District Commissioner McLain recommended continuing this item to the 7:00 p.m. session.

     Motion by Commissioner Henley, seconded by Commissioner Morris to continue to September 14, 2004, at 7:00 p.m., or as soon thereafter as possible, request to Rezone from R-1AAA (Single-family Dwelling District) to R-1AA (Single-family Dwelling District), approximately 15.65 acres located on the southeast corner of the intersection of Orange Blvd. and Wilson Road, as described in the proof of publication, Eric Wells.

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

APPEAL AGAINST BOA/Ron Edwards

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to approve a special exception to establish a contractor’s establishment with no outside storage located on the east side of Longwood-Lake Mary Road approximately 0.1 mile south of Green Way Blvd. in the C-2 (Retail Commercial District), Ron Edwards, received and filed.

     Mr. West stated the applicant is requesting this item be continued to September 14, 2004.  He stated staff is trying to work out a compromise with Mr. Young; therefore, they will need more time to work out the issues that have generated.

     No one spoke in support or in opposition of the continuance.

     District Commissioner Morris stated he has met with Mr. Young and it has been a positive meeting.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue to September 14, 2004 at 1:30 p.m., or as soon thereafter as possible, request for an Appeal of the Board of Adjustment’s decision to approve a special exception to establish a contractor’s establishment with no outside storage located on the east side of Longwood-Lake Mary Road approximately 0.1 mile south of Green Way Blvd. in the C-2 (Retail Commercial District), as described in the proof of publication, Ron Edwards.

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

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:17 p.m., this same date.

 

ATTEST:_______________________Clerk____________________Chairman

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